> The story changes when these websites are massively popular, have majority market share in their space, have taken massive amounts of funding, etc.
Not really. The only substantial change is that getting thrown out of such a large and all-encompassing diner is a lot less convenient. The fundamental reality is still there: no website (maybe unless it's owned by your government, and even then) no matter how large is obligated to carry your message, and it is increasingly affordable and trivial to start your own website if other websites exercise their inherent rights of refusal to carry your message.
> Couldn't you use this formulation to say that anti-discrimination laws make it so that, simply by dint of providing a service, you take on an obligation to provide that service to everyone?
The obligation is to not make membership in a protected class or lack thereof a condition of providing a service. Bob can't throw you out of his diner on the basis of you being some race he doesn't like; he can nonetheless throw you out if you're shouting advertisements at everyone else in the diner. Same deal for a website. There is no implication there of any obligation to serve everyone: only an explication of constraints on the reasons someone can refuse to serve someone.
I know that that is the current state of the law. I’m not disputing that there is currently no legal framework to force Reddit to allow content.
I’m arguing the “ought” rather than the “is” here. I disagree with the philosophical stance that simply because Reddit is a private website, they are entitled to control the content as they want and that no level of qualitative difference between Reddit and the average website is enough to change this.
In general, we regulate private enterprise when it has negative externalities on society, and I think there is a discussion to be had about what those externalities are here. I don’t think “private companies can do whatever they want” is a sharp enough tool to engage this issue with.
>I’m arguing the “ought” rather than the “is” here. I disagree with the philosophical stance that simply because Reddit is a private website, they are entitled to control the content as they want and that no level of qualitative difference between Reddit and the average website is enough to change this.
I disagree on a philosophical level. the rules and users may be frustrating, but in the grand scheme of things, reddit isn't breaking the law nor spreading hate (well, no more hate than your average internet user. We're not talking about Infowars here). I see no reason for government interference on basis of their moderation and curation, like this thread is suggesting.
>In general, we regulate private enterprise when it has negative externalities on society, and I think there is a discussion to be had about what those externalities are here.
Sure, but I honestly can't think of any societal effects that wouldn't be felt from regular old physical analogs that is "people talking and arguing with each other".
- You can talk about groupthink, but that happens IRL and can be taken to an extreme with cults. Cults aren't illegal until they break other laws.
- You can talk about restricting artistic freedoms, but said freedoms aren't really that protected in the world at large.
- you can talk about freedom of speech and fall into the same conservative trapping as other groups. Convinently forgetting that those freedom of speech is meant to protect government from censoring your speech, not other individuals.
- there are privacy concerns which are already being addressed. That's one of the few analogs not easily transferrable to the physical world.
- Then there is the anonymity aspect of reddit, which has its share of issues caused ever since the days of "bathroom writings". There are plenty of ways to be offensive without yelling it in someone's face.
I just don't see an angle here that would justify a need to "anti-trust" the site as some public good and force all posts to remain up, nor clamp down and enforce civility in a website.
Okay, I'll take a step back and clear the table of about 50% of what you and the other replies seem to be objecting to. I don't think Reddit should be regulated by the government, or laws, or some anti-trust, anti-monopoly thing. I don't think 1A should be changed so that Reddit can be forced to allow speech.
What I am in favor of is recognizing, as a society, the value of free speech, not just as a constitutional technicality but as a principle. I believe we ought to value it as a good. And I think that as a society, we should stop and be like, hey, wait a minute, online communication is now dominated by a handful of sites, doesn't it violate the spirit of free speech if, in practice, all those sites enforce roughly the same overton window, and your options are to (a) get in line or (b) not use the 5-7 sites that everyone else uses?
In fact, I think the conversation about the constitutional limits of 1A, or governmental rights, or whatever, is a distraction. I'm not suggesting the government step in. I'm just saying we clearly have a situation where the principle of free speech is being violated — where people are not able to share certain ideas on the platforms that everyone else uses. I'm aware we don't have a law protecting that. I'm making a prescriptive argument that society ought to view this as a bad, dangerous thing.
So in terms of a practical agenda, I dunno, I would like to see a stronger shared appreciation of free speech, and bottom-up pressure for the big communication platforms to stop enforcing their own capricious filters. From this perspective — not the 1A perspective — I think the argument that "private enterprises can do whatever they want" is pretty weak and irrelevant. The actual question is what externalities it has on society when the platforms used by everyone decide what you can say on them. I think the answer to that is not obviously "nothing," and probably "something."
In that case, this hinges on whether websites having the right to moderate themselves as they see fit does indeed have negative externalities on society - and, even if so, whether those negative externalities outweigh the harm of dictating how websites moderate themselves. Perhaps we differently value the rights to speech, press, and association - all of which such a regulation fundamentally infringes.
Notice that I ain't mentioning corporations or individuals here, because that piece fundamentally does not matter; an individual could create a website used by billions, and a corporation could create a website used by a single person (not to mention that there are countless organizational structures beyond just corporations - especially once you go beyond the constraint of what's legally recognized). What matters is the size of the audience, and "you have such and such rights unless you're popular enough to have any tangible influence on society at which point the State will dictate what you're allowed to say or not say" doesn't sit well with me.
Not really. The only substantial change is that getting thrown out of such a large and all-encompassing diner is a lot less convenient. The fundamental reality is still there: no website (maybe unless it's owned by your government, and even then) no matter how large is obligated to carry your message, and it is increasingly affordable and trivial to start your own website if other websites exercise their inherent rights of refusal to carry your message.
> Couldn't you use this formulation to say that anti-discrimination laws make it so that, simply by dint of providing a service, you take on an obligation to provide that service to everyone?
The obligation is to not make membership in a protected class or lack thereof a condition of providing a service. Bob can't throw you out of his diner on the basis of you being some race he doesn't like; he can nonetheless throw you out if you're shouting advertisements at everyone else in the diner. Same deal for a website. There is no implication there of any obligation to serve everyone: only an explication of constraints on the reasons someone can refuse to serve someone.
Marketers are, in short, not a protected class.