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#1 User is offline   Howsithangin 

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Posted 21 September 2019 - 08:17 PM

Facebook refers to itself as a publisher and says it can censor ANYONE it wants because it's an 'editorial decision' in new court filing a year after Mark Zuckerberg insisted to congress it was a tech company
By JENNIFER SMITH FOR DAILYMAIL.COM
PUBLISHED: 20:58 BST, 20 September 2019 | UPDATED: 22:05 BST, 20 September 2019

  • Facebook filed a court motion on Wednesday as part of its defense of a lawsuit
  • In it, it referred to itself as a publisher and said it executed 'editorial decisions'
  • The lawsuit was filed by a right-wing user the company banned last year
  • She is accusing Facebook of defamation by banning her for her extreme views
  • Facebook's defense is that it can ban anyone it wants to because it is a publisher and cannot 'be liable for failing to publish someone elseís message'
  • It however strays from Zuckerberg's insistence last year in front of congress that Facebook is a 'technology company and not a media company'
  • Critics say he is now trying to 'have it both ways' by claiming impartiality and denying censorship to lawmakers but relying on its 'opinions' in lawsuits
  • It comes amid claims from lawmakers that Zuckerberg has too much power
  • On Thursday, he was told by senior Republicans to sell WhatsApp and Instagram


Facebook has referred to itself as a publisher which has the right to ban anyone it wants to in court documents in a sudden U-turn on its long-held claim that it is not a media company but an impartial technology platform. The language was included in a motion filed this week in court and comes a year after Mark Zuckerberg told congress that he thought of his company as a 'tech company' instead of a member of the media.

The revelation triggered accusations that the company is trying to have it 'both ways'. Critics say it cannot tell lawmakers it is impartial while also trying to worm its way out of a lawsuit by defending its actions as 'editorial decisions' driven solely by their own opinions. It comes amid growing concern that the company has too much power. On Thursday, Zuckerberg was told by lawmakers to sell Instagram and WhatsApp.

Facebook is being sued for defamation by Laura Loomer, a right-wing activist who has been banned from Twitter, Instagram, LinkedIn and a host of other websites for her opinions. She sued Facebook, claiming it defamed her by publicly declaring that she had violated its Dangerous Individuals and Organizations policy by calling Ilhan Omar 'anti-Jewish' and associating with white supremacists.

'Under well-established law, neither Facebook nor any other publisher can be liable for failing to publish someone elseís message.

'The First Amendment provides absolute protection for such decisions,' the filing states.

Elsewhere, the company's lawyers said: 'Ms. Loomer already lost one lawsuit challenging Facebookís exercise of its editorial decisions.'

Under that logic, the company can ban anyone who it deems has violated the policy. The filing led to questions of whether or not Facebook had opened itself up to lawsuits by categorizing itself as a publisher. Some excitedly rushed to the idea that it could now be sued for what any of its users posted online. Facebook's entire defense against her is that it was its opinion that she deserved to be banned and wasn't a fact.

<snip>
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#2 User is offline   Dean Adam Smithee 

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Posted 21 September 2019 - 08:25 PM

Facebook WHO?

Never heard of Him/Her/Whatever, RIP.


Seriously... I keep a 'placeholder' page on FB, haven't touched it in maybe 10 years.
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#3 User is offline   Rock N' Roll Right Winger 

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Posted 21 September 2019 - 09:27 PM

Time to sue their <censored>ing asses.
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#4 User is offline   Taggart Transcontinental 

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Posted 22 September 2019 - 09:53 AM

View PostRock N, on 21 September 2019 - 09:27 PM, said:

Time to sue their <censored>ing asses.


Nope, time to break up their monopoly and rip that company into a thousand pieces. They cannot control and entire venue, that is illegal. When they were claiming they had no liability then they were covered. Now they are censoring and silencing people, pretending it is some social imperative. Now they SHOULD be through.
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#5 User is offline   RedSoloCup 

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Posted 22 September 2019 - 02:34 PM

Never have joined Fascistbook, never will.

Them and $uckerberg can go straight to Hell
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#6 User is offline   MontyPython 

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Posted 22 September 2019 - 03:22 PM

I too have never had a Facebook account and never will.

But I figure that's my choice and my right. As for how Facebook wants to run their business, that's their choice and their right. I don't care about this latest stance any more than I cared about previous stances.

None of my business.

:shrug:
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#7 User is online   zurg 

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Posted 22 September 2019 - 05:31 PM

View PostMontyPython, on 22 September 2019 - 03:22 PM, said:

I too have never had a Facebook account and never will.

But I figure that's my choice and my right. As for how Facebook wants to run their business, that's their choice and their right. I don't care about this latest stance any more than I cared about previous stances.

None of my business.

:shrug:

Iím in the same exact boat as you. Never had an account. Iím waiting for a social media launch that is actually non-partisan, will not take sides, and will not stick their noses into OUR business any more than we care about theirs.

Might be a long wait, but in the meantime, I wonít shed a tear if Facetanic hits a berg.
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#8 User is offline   MontyPython 

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Posted 22 September 2019 - 06:04 PM

View Postzurg, on 22 September 2019 - 05:31 PM, said:

Iím in the same exact boat as you. Never had an account. Iím waiting for a social media launch that is actually non-partisan, will not take sides, and will not stick their noses into OUR business any more than we care about theirs.

Might be a long wait, but in the meantime, I wonít shed a tear if Facetanic hits a berg.


Sure, but as soon as they DO go all partisan and political and such, I won't care any more than I care about Facebook's decisions. Don't like their political BS? Don't use 'em.

Seems pretty simple to me. I don't "hate" Facebook. But I also won't use them.

:shrug:
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#9 User is offline   Dean Adam Smithee 

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Posted 22 September 2019 - 07:37 PM

View PostMontyPython, on 22 September 2019 - 03:22 PM, said:

I too have never had a Facebook account and never will.

But I figure that's my choice and my right. As for how Facebook wants to run their business, that's their choice and their right. I don't care about this latest stance any more than I cared about previous stances.

None of my business.

:shrug:


I HAVE an account, and a page for my small business, just as a 'placeholder' in case I ever want to use it. I signed in today just to see if I still could. Apparently it's been 6 years since I was last on.
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#10 User is offline   USNRETWIFE 

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Posted 22 September 2019 - 07:58 PM

I do have an account and I do use it. And yes, I post and read some political stuff on it. I also keep up with a family that is scattered north, south, east and west. No, I do not like all the policies, but I am hearing regularly from children, grandkids, siblings, nieces and nephews much more often than before I was on FB. During my husband's Navy years, I got to call home periodically, but had long distant charges then. I had to develop and mail pictures, and wait for pictures to be sent to me. Yes, it is easier now with cell phones, but I can't spend all day on the phone with all my loved ones. I love being able to keep up with all daily by clicking into FB. http://www.rightnation.us/forums/public/style_emoticons/default/erst060.gif
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#11 User is offline   Wag-a-Muffin (D) 

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Posted 22 September 2019 - 10:41 PM

View PostUSNRETWIFE, on 22 September 2019 - 07:58 PM, said:

I do have an account and I do use it. And yes, I post and read some political stuff on it. I also keep up with a family that is scattered north, south, east and west. No, I do not like all the policies, but I am hearing regularly from children, grandkids, siblings, nieces and nephews much more often than before I was on FB. During my husband's Navy years, I got to call home periodically, but had long distant charges then. I had to develop and mail pictures, and wait for pictures to be sent to me. Yes, it is easier now with cell phones, but I can't spend all day on the phone with all my loved ones. I love being able to keep up with all daily by clicking into FB. http://www.rightnation.us/forums/public/style_emoticons/default/erst060.gif

:yeahthat:

If my family would join a nonpolitical social media site, then I would too. (Actually, my kids tell me that facebook is for old people.)
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#12 User is offline   MontyPython 

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Posted 23 September 2019 - 02:39 PM

View PostWag-a-Muffin (D), on 22 September 2019 - 10:41 PM, said:

(Actually, my kids tell me that facebook is for old people.)


LOL

And I can remember when it was brand-spanking-new and almost overnight ran MySpace out of business.

(No, I never had a MySpace account either...)

B)
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#13 User is offline   Howsithangin 

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Posted 23 September 2019 - 08:28 PM

View PostMontyPython, on 22 September 2019 - 03:22 PM, said:

I too have never had a Facebook account and never will.

But I figure that's my choice and my right. As for how Facebook wants to run their business, that's their choice and their right. I don't care about this latest stance any more than I cared about previous stances.

None of my business.

:shrug:

Yes up to a point.

Every type of business has a set of rules, requirements and laws under which it operates. Faceberg wants to have its cake and eat it, too. They are cherry picking which rules apply to them by playing the shell game with regards to what kind of business they consider themselves.
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#14 User is offline   MontyPython 

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Posted 23 September 2019 - 10:29 PM

View PostHowsithangin, on 23 September 2019 - 08:28 PM, said:

Yes up to a point.

Every type of business has a set of rules, requirements and laws under which it operates. Faceberg wants to have its cake and eat it, too. They are cherry picking which rules apply to them by playing the shell game with regards to what kind of business they consider themselves.


Exactly. And since they choose to do that, I exercise my choice to not go there.

B)
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#15 User is offline   Howsithangin 

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Posted 24 September 2019 - 02:00 AM

View PostMontyPython, on 23 September 2019 - 10:29 PM, said:

Exactly. And since they choose to do that, I exercise my choice to not go there.

B)


Same. But I also want them taken to court.
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#16 User is offline   Magic Rat 

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Posted 24 September 2019 - 09:33 AM

View PostUSNRETWIFE, on 22 September 2019 - 07:58 PM, said:

I do have an account and I do use it. And yes, I post and read some political stuff on it. I also keep up with a family that is scattered north, south, east and west. No, I do not like all the policies, but I am hearing regularly from children, grandkids, siblings, nieces and nephews much more often than before I was on FB. During my husband's Navy years, I got to call home periodically, but had long distant charges then. I had to develop and mail pictures, and wait for pictures to be sent to me. Yes, it is easier now with cell phones, but I can't spend all day on the phone with all my loved ones. I love being able to keep up with all daily by clicking into FB. http://www.rightnation.us/forums/public/style_emoticons/default/erst060.gif

You don't have to apologize for using FB. It is your business.

Like I said before, FB is the best skip tracing tool on Earth. My collectors use it every day. Even without that reason, sometimes I like to see what my high school pals are up to (Class of 86 rules!) or cousins back home, whatever and FB is a good tool for it. As a concept and for what most users try to do, Facebook is an excellent reference. Like almost everybody in the world, I am able to filter the political stuff and the silly boasting. Just roll my eyes, chuckle and scroll on. I almost never post because my business is my business, but if my favorite aunt wants to post a few old lady jokes, more power to her.

I think he should be more fair and less hateful and scared of differing opinions, but Zuckerberg can run his company whatever way he wants as long as it is legal. I also think he should be less of a chicken<censored> about "backlash" from malcontents, which is what I believe is his main motivation for his policy. If it is decided by objective authority that it is a monopoly, it will be better for the world to smash it into pieces. I think competition is healthy, but if he is indeed a publisher, I don't see how that will happen.
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#17 User is offline   Ladybird 

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Posted 24 September 2019 - 09:45 AM

View PostWag-a-Muffin (D), on 22 September 2019 - 10:41 PM, said:

:yeahthat:

If my family would join a nonpolitical social media site, then I would too. (Actually, my kids tell me that facebook is for old people.)


Yup. It's only the 30ish and up relatives on my feed. The kids might pop in if it's their birthday.
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