11
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 02 Oct 2025
11 points (100.0% liked)
Asklemmy
50742 readers
557 users here now
A loosely moderated place to ask open-ended questions
Search asklemmy ๐
If your post meets the following criteria, it's welcome here!
- Open-ended question
- Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
- Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
- Not ad nauseam inducing: please make sure it is a question that would be new to most members
- An actual topic of discussion
Looking for support?
Looking for a community?
- Lemmyverse: community search
- sub.rehab: maps old subreddits to fediverse options, marks official as such
- !lemmy411@lemmy.ca: a community for finding communities
~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~
founded 6 years ago
MODERATORS
No, I would not want to join such an instance but I wouldn't mind its existence. Nobody could really federate with it. So you create a niche server in an already niche environment.
I am not convinced the conclusion "if the government runs it, the first amendment has to apply" is apt. Even if the server was run from under the house majority leader's desk - which I don't think it would, this smells more like an outsourced undertaking - moderation on the platform is not "making a law." And proprietors of platforms are legally compelled to moderate in certain cases, e.g. when illegal stuff like child sexual abuse is involved.
I believe there is existing precedent from SCOTUS that official government Twitter accounts were not allowed to block citizens accounts due to it being a 'public square'. So that was a govt official taking the action of silencing someone's ability to respond to them on social media protected by 1A. If the PLATFORM had blocked that user it would have been perfectly valid, since the GOVT did not silence a citizen's speech.
I believe having the govt run the instance would make the entire forum subject to 1A in a way current social media is not. Would love a constitutional scholar to chime in, but that's my argument.
I understand the intent, but it is rather optimistic in light of recent events.
Neither of us are legal scholars, are we. If I pretended to be one, I would say the government acting as a user on somebody else's platform or the government running its own platform are different enough circumstances not to derive comparisons from.