Thursday, January 28, 2021

An Immodest Proposal Regarding the Regulation of Social Networks Qua Public Utilities (IV)

Or, a cadenza on section 230. 

One of my other friends commented on the original series post to the effect that section 230 (specifically, the Wikipedia entry thereon) is an illuminating commentary on the social media speech situation.  He’s right.

Essentially, section 230 says that internet service providers (ISPs) are not publishers, and thus cannot be sued for some of the things for which publishers are liable.  As I understand it, however, this in no way prevents ISPs from in fact acting like publishers.  Facebook doesn’t have to remove libelous information that a random user posts about a random citizen—so section 230 says—because Facebook isn’t a publisher.  But Facebook also can, if it wants to, remove that libelous information, if it decides “in good faith” that doing so is the right move from a business standpoint, a moral standpoint, whatever.

Perhaps that’s an overly naïve reading of the law; perhaps I am missing something.  Certainly it is a bit rich that some of the same companies that started out by protesting that they can’t possible regulate everything posted through them are now hands-on about regulating certain things.  (But are they actually the same companies?  Was Facebook, or Twitter, or Youtube instrumental in passing section 230 initially?  Were those companies around in 1996/7?)

Regardless, however, I fear I don’t see how section 230 protects users from rule-happy social media bureaucrats.

And I say this as someone who posted (in what context made clear was jest) something derogatory about “men,” and got censored by Facebook as a result (and lost the appeal, no less).  So … here we are on my *cough* Google-hosted blog.

I wish I had a happier ending to this series but, baring more interesting remarks from my wonderful gallery, that’s all, folks.

Wednesday, January 27, 2021

An Immodest Proposal Regarding the Regulation of Social Networks Qua Public Utilities (III)

But that brings back the first point: why should anyone care whether I, or anyone else, has a voice on social media at all?  As my friend puts it …

Even if every media company cancelled you and I, it would not be an abridgment of our freedom of speech, because some interested person (or some company acting as a juridic person, as we might say) has a right not to associate with us.

The media of the 19th century was scandalous, in its manifest bias, slander, and disregard of truth, as such. It is not as though the government acting as arbiter began to change that. It was the people's own desire for truth, and competition among news providers, which brought accountability. Why would we need a public social media company? Do we have a need for a publicly-controlled free-for-all forum?

I don’t know if we *need* a publicly-controlled free-for-all forum, but in point of fact we (sort of) have one: literally, there are public squares.  There are city parks and street corner were people can (and do) get up on soapboxes and speak about the end of the world and the next presidential election, and give out tickets to the Philharmonic concert series starting next spring.  And while these forums are largely free-for-all (I’ve heard some pretty crazy things on street corners!) they are to a certain extent controlled: the usual limits on public speech and dress and behavior apply.

I’m actually not sure that free speech laws would have a whole lot of meaning if there weren’t public places in which we can freely speak.  If (say) the whole country were privately owned, like in Stephenson’s Snow Crash, and various yakuzas and mafiosi could determine who was allowed to say what on their respective and, collectively, all-encompassing territories, I’m not sure that situation would actually involve a first amendment right anymore, whatever technically remained on the books.  (It is ironic that this libertarian paradise—well, a paradise for a certain brand of libertarian—would actually end up rendering moot one of the libertarian’s favorite bits of constitutional law.)

Right now, we aren’t exactly in that situation with the internet.  It isn’t a limited bandwidth situation; anyone with the requisite money to host a website and the requisite skills to set one up can do so.  But it’s quite a bit harder (and more costly) than walking out to the corner of 10th and Main used to be.  And yet, these days—at least where I live—walking out to the corner of 10th and Main is somewhat frowned upon; and no one will listen, since everyone else is indoors (except for the indefatigable dogwalkers who, however, just keep on going and going).  And so one is relegated to one’s little blog, with its 3.7 readers, for saying anything interesting—or else to those social media companies, which offer soapboxes widely, but have the right indeed to withdraw them at any time.

Tl:dr, I do not think there is any reason that social media companies are obliged to give me a soapbox, much less that the government is obliged to make them give me one; I have no rights in the matter.  But I do think the situation of a regulated social media realm is a bit closer to a private square than might at first blush appear.

Tuesday, January 26, 2021

An Immodest Proposal Regarding the Regulation of Social Networks Qua Public Utilities (II)

A friend remarked on the last post (The Girl Who Was Saturday: An Immodest Proposal Regarding the Regulation of Social Networks Qua Public Utilities (I)) as follows:

I'm not sure how at all a media company of any sort is like a public utility. It's not as though what they provide is a finite resource, that might be considered necessary for living (under certain conditions). Even if every media company cancelled you and I, it would not be an abridgment of our freedom of speech, because some interested person (or some company acting as a juridic person, as we might say) has a right not to associate with us.

Taking the second part of the first paragraph first, it’s quite true that a person’s cancellation by every media company on earth would not be an abridgment of freedom of speech.  It would be irritating, inconvenient, and (if we had done nothing wrong) a violation (I think) of natural justice; but certainly it would not violate the Constitution.  This, indeed, is part of why I dubbed my proposal immodest: because I don’t believe it’s actually necessary.  Then again, very little legislation *is* necessary.

Nor, indeed, is social media a finite resource.  And if regulation of it were not in the offing, I would say: let a thousand flowers bloom.  Let a thousand websites arise, and let them be as scandalous as you please.  It’s the looming specter of regulation, which risks helping the incipient monopolies become precisely that, which makes me suggest government buy out as an alternative that might be actually *less* likely to allow them to become monopolies.  Nor am I under the illusion that such a buyout would protect my speech on the bought forum: I am quite as likely to be cancelled by the putative Office of Social Media Services as by a Zuckerbergette.  But the chance that an alternative forum, where I could “speak,” might then flourish would be greater, I think, if the government owned the primary forum.  It’s a crackpot, half-baked idea, admittedly.

To be continued.

Monday, January 25, 2021

Facing the Right Direction

 Monsignor at Mass yesterday told an entertaining story: while he was in Rome, he was nearly involved in a vehicular collision in a narrow alley.  The road was clearly marked one way, and the driver of the other car was attempting to satisfy this requirement by backing up.  "But my car was pointed in the right direction!" he insisted.

Monsignor's moral of course was that we Mass-goers are generally pointed in the right direction--we are at Mass, after all, and therefore in some sense paying attention to Jesus--but we are oftentimes in our lives headed backward, or so we find when we examine ourselves.

That's true enough, but I find myself too often facing a slightly different problem.  I become so focused on how to move forward that I forget to place the right value on facing the right direction--a devastating error, especially since it can be rather hard, on a day-to-day basis, to tell whether this direction is the right one at all.  But of course, all directions are right in the end, provided that one does, in fact, stay facing forward.

Not that Monsignor was wrong, but I think the lesson to take away from his tale is that in order to drive in the right direction, one must care much less about the direction and much more about facing forward.  (After all, that Roman driver, though his car might have made it look as if he were facing forward, no doubt had his head screwed right over his shoulder!)


Just Because linkup: https://rosie-ablogformymom.blogspot.com/2021/01/just-because-volume-2.html#more

Saturday, January 23, 2021

On Pilgrimage With a New Catholic Poet

It is not every day that a new poetry collection is published — the bar is high enough, in the contracting publishing world, for nonfiction authors to break out. Poetry, deemed less accessible and with a smaller readership, is in a little league all of its own.

So it is a bit shocking to see Andrew Calis’ Pilgrimages lying on my desk: because new poetry does have that high bar to pass. This particular volume is more startling because I know the author. He and I belonged to a group of English graduate students at The Catholic University of America who workshopped each other’s writing. My praise should, under the circumstances, be taken with a grain of salt; but I think it is no exaggeration to say that Andrew’s work deserves to be read, even in a time when poetry in general is not.

It is almost hard to recall why anyone ever did read poetry. Most generally, poetry shares with the other arts the ability to evoke strong feelings, and that mysterious, perhaps transcendental quality called beauty. But the sort of feelings that used to be evoked by the strongest poetry are found today, if anywhere, in popular music. One does not seek sonnets to lament a broken friendship, but rap.

As for beauty — beautiful songs are still written — but those who speak most persistently about the beautiful are also, frequently, those who seem to find it chiefly in the old. Beauty, after all, depends in part upon the form, and that most modern of “forms,” free verse, is supposed to have no form at all.

But there is a school of modern poetry that has not in fact abandoned form altogether. One does not need to go to Shakespeare for a sonnet, or Tennyson for rhyme:

A fight was in the air before the first

fist, when knife-sharp words were flying. We hunted

for predators, tooth-bared faces, cursing

in their heads, their unstained skin youth-stunted.


Read the rest at the Register: https://www.ncregister.com/blog/andrew-calis-pilgrimages.

Tuesday, January 19, 2021

Righting the Wrongs of Josh Hawley (II)

I realize that yesterday I did something that drives me crazy when other writers do it: namely, I dug into the overly simple solutions that other people offer (e.g., embrace modern, liberal, pluralistic secularism; yearn for a confessional state) and decreed them lacking, elaborated further upon the complicated situation in which we find ourselves, and said nothing, much less anything concrete, about a solution to the problem.  Sound and fury, indeed!

A longer explore of my answer is forthcoming, but since it may take some time to appear, here is the seed of a solution to our civic conundrum: we need more Halloweens.

Monday, January 18, 2021

Righting the Wrongs of Josh Hawley

I’ve been thinking about this NY Times piece on Josh Hawley (https://www.nytimes.com/2021/01/11/opinion/josh-hawley-religion-democracy.html?smtyp=cur&smid=fb-nytimes) ever since it was called to my attention last week.  I’ve mulled it over and round and again and again, and it tells me very little more about Hawley than I already knew.

But it does tell me a good deal about were religion is in America today: namely, poised between two pretty terrible fates.

On the one hand, there is the caricaturish fate of religion in the hands of those who want to anoint public leaders as Messiahs.  Some who see this happening (generally of the left) fear (or feared) that this will all come too true: that we’d end up living in a veritable handmaid’s tale of biblically-inspired tyranny.  Yet to any person with much religiosity in them, it was evident that this was never a likely fate.  The Christianity being preached by those in public office was hardly deep enough for that.  Religion was in danger of becoming empty of content.

On the other hand, there is the opposite fate, when all meaningful moral content is seen as religious.  That indeed is what happens in Stewart’s piece on Hawley.  While taking sure aim at Hawley for brushing everything with religious strokes, she also indicates—via her attack on Hawley’s attack on Pelagius and Kennedy—that any judgement of another’s freedom to choose their way of life, or define their own concept of existence, is detrimental to a “modern, liberal, pluralistic societ[y].”

Now I admit, as a Catholic, a modern minority that has at various times and places enjoyed hegemony and persecution, I do enjoy many things about living in said modern, liberal, pluralistic society.  However, if Stewart is right that such societies are endangered every time we judge one another’s freedom to choose a way of life, or define another’s concept of existence, then they are not ultimately sustainable.  Fundamentally, every society involves certain basic rules: don’t infringe on other’s life and property, for example.  And if I choose a way of life that involves murder, robbery, and pillage, then my modern, liberal, pluralistic society has ever right (and indeed a duty) to clap me in irons (or at any rate, flexicuffs).

There are going to be some moral absolutes in any society, however liberal and pluralistic.  The trick is to getting everyone in society to agree on what those are.  And a lot of it can be trickier than we’re willing to acknowledge.  If my neighbor lights up on his porch every day, so that my kids are exposed to the smoke when the wind blows over our fence, do I have a claim against him?  Does it matter if it’s pot or tobacco?  We can all agree that people have a right to wear whatever they want in their house—but what about their front yard?  Are laws against “indecent exposure” legitimate in a modern, liberal, pluralistic society?  What about public drunkenness?  What about dressing in drag, then?  What about wearing a swimsuit to the grocery store?  What about going armed to the grocery store?  What about stalking?  What about verbal harassment?  What if I want to put a ten-foot-tall Jesus, or Santa, or Buddha, or Thomas Jefferson in my front yard?  Or toll church bells every hour on the hour, or have a Muslim-style call to prayer that can be heard down the block?  And who gets to define all of these things?

The simple libertarian answer to these questions usually goes something like, “owners of businesses get to make their own business rules, and everyone else gets to move if they don’t like the neighborhood.”  But as anyone who’s bought or sold a property knows, moving is much easier said than done; and for many people it may not be economically feasible to live in a neighborhood that manages to avoid, say, litter and tramps.  So we have laws about littering, and we build homeless shelters; and suddenly we’re living in a modern, liberal, pluralistic welfare state.

The point is simply this: the whole question of how I choose to live is not, never has been, and never will be simply based on my own ability to choose my own way of life and define my own concept of existence.  Simply by living I rub elbows with my neighbors; and indeed, the more pluralistic my society, the more questions are going to arise as to how much of a right I have to live my life the way I want to, because the more different my neighbors and I are—the more pluralistic my neighborhood is—the more likely it is that we will rub each other the wrong way.

(Disclaimer: In actuality, I have nice neighbors.  We all happen to be fairly quiet.  But it could easily have been otherwise.  A few blocks down the street, for instance …)

So Stewart’s shade on Hawley—whatever its justification in his specific case—is actually rather dangerous.  It suggests that the easy solution to the problems of the republic is for everyone to live and let live.  Maybe, if life is kept tamped down to a few very basic details.  But as soon as you think about the things we crazy human beings actually want to do, it becomes apparent that the problem is not that we all might be too religious.  It’s that we might not be religious enough to love our neighbors, and treat them well, despite the fact that we all have different definitions of existence and different modes of life.


Blog linkup here!: https://rosie-ablogformymom.blogspot.com/2021/01/just-because-new-linkup.html

Tuesday, January 12, 2021

An Immodest Proposal Regarding the Regulation of Social Networks Qua Public Utilities (I)

Once again the prospect of regulating Facebook, Twitter, Youtube, Instagram, et al. is being floated.  Are the companies best regarded as privately held entities like newspapers, whose curtailment and/or boosting of speech is protected ultimately by the first amendment?  Or are they, in essence, public utilities, and as such obliged to provide a neutral platform for all users, in much the same way that water, telephone, and electric companies are not supposed to discriminate amongst their customers?

It seems clear as mud to me that social media companies are a relatively new thing under the sun, and lie somewhere between those two characterizations.  It is by no means obvious to me that government regulation will improve the atmosphere on these sites, regardless of whether the perspective of a conservative, a liberal, or a progressive is sought in assessment.

This I do know, however: regulation tends to economically favor the big businesses that are regulated.  Call it crony capitalism, call it regulatory capture—it’s a very real historical problem.

Take an instance from the (sort of) non-profit world of higher education.  Let us say that a big Ivy League school like Schmarvard is not offering to its disabled students the premier software available to give them a good college experience.  And let us say that some advocacy group, with noble intentions, persuades congressmen to create a bill, which is in time duly passed, requiring that private colleges offer disabled students software of such-and-such a level and specifications.  Schmarvard does not really oppose this regulation; and some might suspect it simply does not want to be seen publicly doing something so cold-hearted.  But the fact is that Schmarvard knows that this regulation will make it easier to compete with (say) the small regional school Ptomas Smore—because Ptomas Smore College doesn’t have the deep pockets that Schmarvard has, and will have to shell out considerably more percentagewise of its budget, to fulfill this new regulation.  And furthermore, the regulation will have a dampening effect on any new college considering opening: it will mean one more item to raise money for, one more logistical detail to smooth out, one more software contractor to employ, half an office person in HR to oversee, etc., etc., and so forth.  Schmarvard one, small schools zero.  (Also a win for disabled students—except perhaps those disabled students who would have preferred to go to the small schools which won’t open up now due to the regulatory capture.)

In the same way, while it is tempting to demand that Facebook et al. be punished for their sins, I suspect that overall the regulation of social media companies will actually end up making it harder, not easier, for smaller and newer sites like MeWe, Parler, Gab, Rumble, etc.—or for anything better that might be coming down the pike.

So here is my immodest proposal.  Rather than regulating social media, the government should simply buy a few of the big guys and have done with it.

We have a government-controlled post office—and also the privately run FedEx and DHS.

We have government health care (Medicare, Medicaid)—and also private companies like Kaiser and BlueCross BlueShield.

We have PBS and NPR—and lots of privately owned radio and TV stations as well.

So why not just let the government have a big social media company to play with, to regulate, to make fair and balanced (*cough*), to have its own HHS-style agency in D.C., to stimulate talking points for the presidential primaries every four years—

—and leave room for private companies to grow and do as they please?