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Google Ads Are a Free Speech Issue
WebHostingGuy writes "A US Federal Court recently ruled that ads displayed by search engines are protected as free speech. In the case at issue, Yahoo!, Google, and Microsoft were sued by an individual demanding under the 14th Amendment that the search engines display his advertisements concerning fraud in North Carolina. The Court flatly stated that the search engines were exercising their First Amendment right of free speech in deciding what ads they want to display."
The outcome of this case should've been obvious from the very beginning. Of course Google, Yahoo, Microsoft don't have to display his ads. It might be in their interests to display them since he will pay them for it, but why should they have to? He's still allowed to spread his information elsewhere.
"Wahh wahh... Google/Yahoo/Microsoft won't display the ads I want them to."
Then I guess you'll be really upset to learn that they have even MORE rights: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
See that little "of the press" part? They can publish (or not publish) what they like - so long as they aren't violating the law. Editorial decisions have significant protections under the US Constitution.
I assume you are a part of the "Companies should not be people!!" crowd that has been frequenting Slashdot?
Let me shed a bit of light on the obvious misunderstanding. Companies are not regarded as people. If they would, there would not exist separate laws for companies. The last time I checked, companies had significantly fewer rights when making purchases, and I can't see any requirements for private individuals to publish audited accounts of their lives. Per definition and logic, claiming that companies are regarded as equal to people is therefore plainly and irrefutably false. It is, again, completely incorrect and ignorant to claim that companies are by law considered to be in all ways equivalent of people.
What is however completely correct is to say that companies are considered to be 'legal persons', a special type of person (that is, again, not equal to a person on the street, in case you missed it the first time) for whom there exist separate laws. The rights of the 'legal person' does however have some significant overlaps with that of actual persons. This includes, for example, the right to not have published lies about them. That's a right individuals have, and a right companies have.
You would probably argue that it's a right companies should have - I would argue it's absolutely, by pure moral standards, equally right. Should people have a right to make placards of you with "Pedophile!" under and staple across town? You would say not. What if five people band together to do business, and call themselves a trade name, does that make it _morally acceptable_ for people to publish "This company trades in child sex!" placards about their _legal person_? Obviously not. The rights that overlap between legal persons and actual persons are for a large part very morally justifiable.
In short,
1. Companies were never considered "equal to individuals".
2. They do however have a significant overlap in rights and obligations with actual people. The difference is largely that companies have significantly less rights and more obligations.
3. The rights that overlap are, in my view, completely morally justifiable. Including the right to free speech, and the right not to have lies (incorrect facts, not opinions) published about you.
You are naturally free to disagree, but rather than the current mindless repeating scattershot of "companies are obviously not people and shouldn't be, that is the source of all our problems", please phrase your arguments in terms of specific rights that you feel companies should not be allowed from a moral perspective and the reasons for and against, bearing in mind that you still feel those rights are very important for individuals.