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Comment by rayiner

Brazil’s law requires Meta to take down certain posts by politicians. How does such a law not inevitably lead to the loser of the election complaining about “interference.”

Everyone really need to go back and read the work of America’s founding generation. The founders understood the importance of structural and procedural rules versus substantive rules. A structural rule is some thing like: no politician can use Facebook, or alternatively, Facebook isn’t allowed to censor any candidate for political office. Such rules can be implemented with little room for debate.

A substantive rule by contrast requires some person to make a substantive judgment about particular content. Such rules turn that decision maker into a gatekeeper. And as a practical matter, nobody trusts such decision makers to render impartial decisions. This is why, in the U.S., judges largely police procedure and legal instructions, while substantive decisions about guilt or liability are made by randomly selected juries. In the U.S., a highly educated federal judge isn’t even trusted to decide guilt for a misdemeanor that could put a single individual in prison for more than six months. Meanwhile other countries trust random people at companies to make decisions that could swing entire elections and affect millions of people. It’s lunacy.

parent rayiner 12 days ago

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