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> Anyway, I think you are misinterpreting the intention of that sentence.

They're not wrong. Every single time Section 230 comes up, there's somebody here arguing that Section 230 doesn't actually mean that companies can choose who they want to censor without becoming a publisher.

But it does. That was the explicit point of Section 230, and that's how Section 230 has played out in legal courts ever since it was established.

https://en.wikipedia.org/wiki/Section_230_of_the_Communicati...

----

But of course, that entire debate about Section 230 is irrelevant here because Twitter hasn't censored anybody, and I haven't seen anyone give a clear reason why neutrality requirements on commentary wouldn't be outright unconstitutional, regardless of what Section 230 says.




I believe that you and root_axis (https://news.ycombinator.com/item?id=23331051) confusion arises from the lack of understanding of how Section 230 applies.

From your own quoted source:

"A defendant must satisfy each of the three prongs to gain the benefit of the immunity:

1. [...]

2. [...]

3. The information must be "provided by another information content provider," i.e., the defendant must not be the "information content provider" of the harmful information at issue."

The moment you create your own content (even if you are a content provider yourself) you lose the protection of Section 230 over that. Editing/policing content is, in most cases, akin to creating content. You cannot make a list of "staff picks" and then claim that the content comes from other sources. Putting that list together (even if you're just quoting somebody else) is equivalent to an action of creation, you are the creator of that list. You chose what to put in it and what to exclude. You ARE the original creator of this and Section 230 does not apply for you.


> The moment you create your own content (even if you are a content provider yourself) you lose the protection of Section 230.

No. Practically every social network and publisher creates their own content occasionally, yet there's plenty of precedent for companies like Google, Ebay, Amazon, Apple, and Facebook being protected under Section 230.

A better, more accurate way of phrasing your objection would be to say, "Section 230 does not protect you from lawsuits over the specific content you created." So if Twitter's company-written annotation was found to be libel, they could of course be sued over that.

But adding your own content to a forum/platform has no bearing on whether Section 230 applies more broadly to other content that you host. Take a deeper look at your example:

> You cannot make a list of "staff picks" and then claim that the content comes from other sources

This is exactly what Amazon, Apple, and Google Play do every day. And all of those platforms have been ruled to be protected by Section 230 in multiple lawsuits -- covering everything from trademark violations to defective products. The fact that Amazon has a "recommended brand" section does not mean that they are liable for everything that shows up on their store. And that's a principle that's held up in real courts over, and over, and over again.

> Editing/policing content

I don't want to keep beating the same horse, but that's not what Twitter did. They didn't edit Trump's tweet or restrict it, they added their own speech next to Trump's tweet. That has nothing to do with Section 230, it's just a generic, common case of 1st Ammendment protected counterspeech.


>[..., but] Twitter didn't do this.

I was talking in a broad sense. I never accused or defended twitter of doing anything. Please stop making such weak strawmans.

Regarding the rest of your arguments, you're basically agreeing with me with a different set of words. I am glad you got the point :).




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