Facebook Admits It’s a Publisher in Court Filings


Facebook, in court filings defending itself from a lawsuit filed by activist and congressional candidate Laura Loomer, has cited its first amendment rights as a “publisher,” contradicting public claims by the company that its social media service is a platform.

The distinction between publisher and platform is central to the legal protections enjoyed by big tech companies, and is frequently cited by Republican lawmakers in their criticism of Silicon Valley’s political bias.

Under section 230 of the Communications Decency Act, tech platforms have immunity from lawsuits arising out of their decisions to host (or not to to host) user-generated content. Unlike publishers, which are liable if their writers defame someone, a tech platform is not held liable for content created by its users.

Yet Facebook appears to be jettisoning this categorization in its court filings, saying it has a First Amendment right as a publisher not to carry Loomer’s content.


13 Comments on Facebook Admits It’s a Publisher in Court Filings

  1. So, let’s get this “finding” set in stone, and let the other stones fall where they may. I don’t care much anymore about Falsebook other than to keep track of old friends. I hope Trump’s government goes after them with whatever they can do to “publishers” who try to sway elections their way.

  2. They’re going to need a lot more censorship algorithms to protect themselves from libel, defamation and slander lawsuits.

    It’ll be a shell of the former facebook. Good riddance

  3. Drag their asses back before Congress and ask them again and say that some of their executives will have to go to jail for perjury, they only have to decide which ones are going to go based on the definitive answer they will give. They can’t have it both ways, so depending on their answer, those who lied to Congress will do the time or those who lied to the court….or both.

  4. Facebook and other Social Media are powerful tools for a “Cultural Revolution” mentality to shape a monolithic way of thinking for control and power.
    Just ask China!

  5. Facebook has peaked in the free world. Young people have moved on to other platforms. Facebook is moving in a direction that China will love.

  6. Tip of the iceberg, publisher or “media platform”, two entirely different tax brackets.
    For profit business, or a community service, IRS has now got their number.

  7. Don’t worry, the ruling will be that Facebook is a platform when they aren’t being a publisher, just as Obama Care was allowed to originate in the Senate because it was not a tax but passed muster with SCOTUS because it was a tax.

  8. Typical Marxist behavior. Remember when Obamacare wasn’t a tax until the challenge got to the Supreme Court, then all of a sudden it was a tax? Same shit, different enemy of America.

  9. @ RadioMattM SEPTEMBER 19, 2019 AT 8:39 AM

    That is about the long and short of it. To be honest, I am more disgusted by the likes of Roberts than I am of Ginsburg.

  10. with Fakebook, Goggle and Twatter it’s Heads I Win, Tails You Lose. These monopolies need to be broken up like Bell Telephone and Standard Oil.


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