Post

I really, really don't want to do this, but let's do a bit (just a LITTLE BIT) of fact checking about what Zuck said on the Joe Rogan podcast, because this is something I not only followed closely, but also spent time *talking to the actual people at Meta who dealt with this* which WAS NOT ZUCK.

Anyhoo, he kicks it off with a very bad misunderstanding of the 1st Amendment and the whole "fire in a crowded theater" thing. cc: @kenwhite.bsky.social @jkosseff.bsky.social Not only is this wrong, it's meaningless. He runs a private platform and isn't Congress. Does he not have ANY 1A lawyers?

221 reposts2.5K likes

Understanding the 1A is very simple, apparently not for some. 1A doesn't cover these private platforms. There is no such thing as free-speech! Your speech is limited by the TOS!

What are you talking about? There's lots of stuff you can't yell in a crowded theater. You can't yell "HIPAA" in a crowded theater, for example; that's a violation of Section 230. Everybody knows that. Over on Twitter they do, anyway.

One of his former lawyers is a city councilmember in Seattle. This lawyer (before he was elected) equated a small concrete barrier (to prevent illegal left turns) to Trump's border wall because it blocked turns into a bilingual preschool...that his kids attend(ed?). publicola.com/2023/11/17/c...

publicola.comCouncilmember-Elect Saka Compared 8-Inch Road Divider to Trump's Border Wall - PubliColaBy Erica C. Barnett City Councilmember-elect Rob Saka, a former Meta attorney who will represent West Seattle’s District 1 starting…

Yes, it's a great inconvenience in case of fire, not being able to shout "fire". What a maroon. What an Eskimo piehead. (In case it's ambiguous, I mean Zuck, not you, Kevin!).

The mistake you’re making here is assuming non-lawyer executives listen to and retain anything their attorneys tell them that doesn’t reinforce their existing ideas about how law should work.

I yelled at the screen when Gov. Walz said his "crowded theater" bit during the VP debate and I would have yelled at the screen again had I heard this podcast. And I am very much not prone to yelling, normally...

Then he talks about the administration pressuring them to take down people raising concerns about vaccine side effects. He then says that Meta refused to do this. Which... should be the end of the story. That's what came out in the Murthy case: while admin officials reached out, FB told them no.

It’s baffling to me that both he and Rogan felt like this would get much better when trump got into office. Have they not seen trump in office before?? Either they are naive, or they are only be willing to work with MAGA Republicans.

I can't believe you didn't stop to note that THIS IS SCREAMING FIRE IN A CROWDED THEATRE telling people to be fearful , leading to mayhem that gets people hurt, such as by undermining the belief in vaccines with full-on LIES

And... that's what matters. Because it only violates the law if the gov't engages in *coercive* pressure, which it didn't do here. The gov't tried to persuade the company, the company said no. That's... not unusual. Nor is it a violation of free speech.

But we're already seeing people ignore the "we told them no" part of this, and go into what a massive violation this is. Note that they're not saying anything about Trump admin goons like Brendan Carr now going around issuing *actual* threats, including to Meta about its fact checking program...

Why doesn't Meta realize that filling its site with lies and garbage (seeing more of it everyday) means driving away people who have neen faithful users since the beginning? We just want to engage with ftiends and damily, share pictures, etcbut now we'll be back to 2015 era of lies, bad memes.

The other big part that's getting attention: he talks about Biden admin folks who would call up Meta and "scream and curse" at them. He notes that this is all public *because of the Jim Jordan investigation* and the Murthy lawsuit. But because (unlike Zuck) I actually followed all that, I know...

Pay attention to this. Zuck just let the cat out of the bag that the orange turd is going to declare a national emergency, and impose restrictions on our 1st amendment rights. Most likely declaring martial law.

Free speech is a concept, it's not defined by one particular country's legal system. The 1st Amendment is a legal code that serves free speech by limiting what the government is allowed do to infringe it, but it doesn't define the concept.

The always propagated this internally even in 2015 already. The entire blah blah only had one purpose - avoid accountability. Every mechanism - fact checkers, oversight board are all accountability sinks where meta keeps the power and something else gets blamed