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Announcing Forecasting Impact Mini-Grants [Scott Alexander, Astral Codex Ten]

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  • Section 230 is going before the Supreme Court: Are content recommendations covered like moderation? A loss for Google would be an opportunity for Congress to protect essential rights.
  • Section 230 Genesis: The law gives internet platforms legal immunity for almost all third-party content hosted on their sites.
  • Section 230 Implementation: There is widespread support in Congress for overhauling Section 230, but legislative efforts to do so have stalled amid partisan disagreements.
  • Gonzalez v. Google: The case was brought by the family of an American college student alleging that YouTube failed to take down some ISIS terrorist videos and even recommended them to users.
  • The Position on the Stack Matters for Moderation: At the top of the stack are the service providers that people publish to directly, with absolute discretion in their moderation policies, while ISPs are about access with no right to be heard.
  • Algorithmic Timelines and Recommendation Engines: The question in Gonzalez v. Google is whether platforms are liable for their recommendations. A win for Gonzalez would be a disaster for the way current platforms work.
  • Congressional Action: If Gonzalez wins the case, there should be no liability for posting a link and infrastructure companies should be given immunity to be content neutral.
  • The First Amendment and U.S. Speech Controls: Much of the discussion around moderation of content forgets that the First Amendment explicitly denies Congress any role in determining what is moderated and what is not.

Published February 24, 2023
Visit Astral Codex Ten to read Scott Alexander’s original post Announcing Forecasting Impact Mini-Grants

Section 230 in the Supreme Court, Reach and Speech, The First Amendment and U.S. Speech Controls [Ben Thompson, Stratechery]

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  • Section 230 is going before the Supreme Court: This case will determine whether platforms like YouTube, Instagram, and TikTok are liable for the content that their recommendation algorithms promote.
  • A loss for Google would be an opportunity for Congress to protect essential rights: If Google loses the case, Congressional action around content moderation could focus on protecting links and the infrastructure that enables access to the internet.
  • The top of the stack is about broadcasting: Social media platforms have the right to moderate any content they want, but this should be done with a focus on attracting the broadest customer base.
  • Internet service providers have different obligations: ISPs should provide content neutral access, which is essential for the right to be heard and the right to speak.
  • The crux of the case goes to the second paragraph: Whether platforms are liable for their recommendations is the key question in this case; a win for Gonzalez could mean more “censorship” of posts.
  • The First Amendment and US speech control: Much of the discussion around content moderation forgets that the First Amendment explicitly denies Congress any role in determining what is moderated; Section 230 was essential for the internet in order to protect speech.

Published February 21, 2023
Visit Stratechery to read Ben Thompson’s original post Section 230 in the Supreme Court, Reach and Speech, The First Amendment and U.S. Speech Controls

Originalism Is Going to Get Women Killed [Madiba Dennie, The Atlantic]

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• Originalism is a theory of constitutional interpretation that relies on the “original public meaning” of the Constitution when it was enacted.
• Originalism is marketed as fair and free from favor or prejudice, but its effects are not and will not be fair at all.
• The Fifth Circuit Court of Appeals recently relied on originalism in United States v. Rahimi, a case about a law restricting the gun rights of domestic-violence offenders.
• The court concluded that the Second Amendment was violated by the law, because the Founders did not mention women, who are disproportionately victimized by domestic violence.
• The presence of a gun in a domestic-violence situation increases the risk of femicide by more than 1,000 percent.
• The Supreme Court’s June 2022 decision in New York State Rifle & Pistol Association v. Bruen announced a strict new originalist standard for evaluating the constitutionality of laws regulating guns.
• The Fifth Circuit rejected the government’s historical analogues for the statute at issue in Rahimi, because the law disarmed citizens for reasons other than the brazen enforcement of white supremacy.
• Originalism limits who gets to be a part of “our” and who is entitled to the Constitution’s rights and protections, and it makes false claims of objectivity to obscure oppression.

Published February 9, 2023
Visit The Atlantic to read Madiba Dennie’s original post Originalism Is Going to Get Women Killed

January 19, 2023 [Heather Cox Richardson, Letters from an American]

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• The US has hit the debt ceiling, and the media is discussing whether Democrats will negotiate with hard-right Republicans who want cuts to domestic spending before raising the debt ceiling.
• Raising revenue to pay for appropriations has historically been the first option, but since 1981, Republicans have made cutting taxes the centerpiece of their economic policy.
• The 2017 Trump tax cuts, especially the cut in the corporate tax rate from 35% to 21%, dramatically increased the deficit without promoting growth.
• The Supreme Court released a statement about the investigation into the leak of the Dobbs v. Jackson Women’s Health Organization decision, but the source of the leak remains unknown.
• Judge Donald Middlebrooks of the United States District Court for the Southern District of Florida ordered Trump, his lawyer Alina Habba, and her law firm Habba Madaio & Associates to pay $937,989.39 for attorneys’ fees and costs after they filed a lawsuit the court found to be “completely frivolous” and a bad-faith use of the court system.
• Representative Adam Schiff (D-CA) introduced a constitutional amendment to the House to overturn the 2010 Citizens United v. Federal Election Commission Supreme Court decision.

Published January 20, 2023
Visit Letters from an American to read Heather Cox Richardson’s original post January 19, 2023

“The First Amendment Isn’t Absolute.” Sure, But So What? [Ken White, Serious Matters]

  • The First Amendment has established limits, but these limits are well-defined and narrowly limited.
  • The Supreme Court has repeatedly listed the First Amendment exceptions, which include obscenity, defamation, fraud, incitement, and speech integral to criminal conduct.
  • The Supreme Court has stated that it will not create new exceptions to the First Amendment by balancing the harm of speech against its value.
  • The established First Amendment exceptions must be interpreted according to existing law, and cannot be used to mean whatever one wants them to mean.

Click HERE for original. Published December 24, 2022

Kavanaugh parties with the far right [Judd Legum, Popular Information]

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  • Matt Schlapp is a far-right operative who is chairman of the American Conservative Union and runs the Conservative Political Action Committee events. He hosted a holiday party attended by Justice Brett Kavanaugh, Rep. Matt Gaetz, Stephen Miller, and other powerful people.
  • Stephen Miller runs America First Legal, which is involved in several cases currently pending before Kavanaugh and the other members of the Supreme Court.
  • The ACU has also been involved in several Supreme Court cases with Kavanaugh on the bench.
  • Chris Geidner detailed the Supreme Court cases that America First Legal is actively involved in.
  • Reverend Robert Schenck claims he was informed of the result of Hobby Lobby weeks in advance by a donor who dined with Justice Alito.
  • Senator Sheldon Whitehouse and Congressman Hank Johnson have introduced legislation that would require the Supreme Court to adopt a binding code of conduct.

Click HERE for original. Published December 14, 2022

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