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I’m seeing a couple of red herrings dominate these comments, which really have no relevancy to the issue at hand.

1. The veracity of twitter’s fact checking. This absolutely does not matter, since Twitter may host or refuse to host whatever they want on their own website, including incorrect fact checks if that’s how they get their jollies (not that there’s any evidence that their fact checks have been incorrect so far, because there isn’t). On the other hand, Trump doesn’t have the same right, because he doesn’t own Twitter.com

2. Hate speech, and whether it is ever justified. Again, this doesn’t matter. Twitter has the right to remove (or visibly flag as the case may be) any post they want on their website, for any reason they want. They might do so because a post is hate speech, but they’d be just as firmly within their rights to do so for any other reason.

I think all of the confusion in these comments exists because the law is very simple, but many folks here don’t like the conclusion:

1. Twitter may fact check, flag, or remove the posts of Trump or any other user completely at their discretion, even if their fact checking turns out to be incorrect. Nothing about this violates Trump’s first amendment rights in any way.

2. I had hoped this was obvious, but in case it’s unclear to you, Trump and the US government absolutely do not have the power to shut down or punish Twitter in any way just because they don’t like the way that Twitter has fact checked Trump’s posts. This would in fact (obviously) violate Twitter’s first amendment rights.

Finally, there is no legal distinction between a “platform” and a “publisher” that in any way restricts the control that a business has over their own website. Anyone who claims otherwise is simply incorrect, and not worth listening to.




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