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Facebook Can Block Content Without Explanation, Says US Court (thestack.com)

An anonymous reader writes: A U.S. court has ruled that Facebook can block any content posted to its site without explanation, after a Sikh group legally challenged the company for taking its page offline. U.S. Northern District of California Judge Lucy Koh ruled that the U.S. based rights group's encouragement of religious discrimination is illegal under the Communications Decency Act, which protects 'interactive computer services' providers by preventing courts from treating them as the publishers of the speech created by their users.

12 of 147 comments (clear)

  1. Yes please! by Anonymous Coward · · Score: 4, Funny

    Can they block the entire Facebook.com while they're at it?

  2. On this I side with facebook by damn_registrars · · Score: 5, Insightful

    I'm not a fan of their business model, nor do I have an account of any kind on their system. However, I side with them on arguing that they should be able to block any content they want. I don't see them as being any different from a newspaper editorial page, which has the freedom to publish anything it wants. Furthermore having your content rejected from facebook does not in any way prevent you from taking it elsewhere, so your speech is really not being oppressed.

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    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    1. Re:On this I side with facebook by metrix007 · · Score: 2

      Sounds like the NRA.

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      If you ignore ACs because they are anonymous - you're an idiot.
    2. Re:On this I side with facebook by cpt+kangarooski · · Score: 2

      Option 2: Active editors. These forums are cultivated, maintained, and very ban-heavy. As a side-effect, the forum can be held responsible for third-party content.

      Not true in the US (other than, potentially, with copyright issues and the like).

      Remember, the CDA was intended to encourage providers to engage in censorship. Since the previous state of affairs was as you suggest, the way that they were encouraged to censor was to remove liability for material posted by third parties. But since many sites don't care, and the CDA protects them fully no matter what they do or don't do, it didn't really work out. Also other parts of the CDA turned out to be unconstitutional.

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      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  3. Says you! by Impy+the+Impiuos+Imp · · Score: 2

    Speech includes the right not to say something, and that's literally pretty much the end of it. If their TOS had some kind of guarantee that, as long as you don't violate some set of subjects, they might have a case.

    But as "printer", they don't have to say jack squat. The "wedding cake" lawsuits are shaping up this way -- a cake in general with two grooms, must do. With particular phrases, nope.

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    1. Re:Says you! by cfalcon · · Score: 5, Informative

      > As far as the other, a business has a right to refuse service to anybody for any reason or no reason.

      Civil Right Act of 1964 says otherwise.

    2. Re:Says you! by tompaulco · · Score: 2, Insightful

      > As far as the other, a business has a right to refuse service to anybody for any reason or no reason.

      Civil Right Act of 1964 says otherwise.

      Okay, so you only have the right to refuse service to anybody who is a white male. That doesn't seem like it should be legal.

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      If you are not allowed to question your government then the government has answered your question.
    3. Re:Says you! by Coren22 · · Score: 2

      As other's have noted, you are not correct. I wonder if they could get by this way though:

      All wedding cakes cost $10k, heterosexual couples can use a coupon that offers a $9500 discount off the retail price of a cake. It is technically not discrimination as you will sell a cake to anyone, it is the discount that doesn't apply to everyone. Then if the homosexual couple wants to pay the price, just sell them the cake and donate the extra profit to your local church or something.

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      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  4. Bad summary... by Anonymous Coward · · Score: 3, Interesting

    I couldn't figure out what was going on from this ridiculous summary. Here's what the article says about what's going on:

    SFJ, a US based rights group, had filed the lawsuit against Facebook Inc. and claimed that the social media giant blocked its page at the behest of Indian government because of its outspoken campaign against government's "persecution of Sikhs a religious minority and advocating for Sikh referendum in the Indian state of Punjab."

    [...]

    SFJ lawsuit had also requested the court to issue an order compelling Facebook to produce all its communication with government of India related to SFJ's page and to issue an order reinstating access and enjoining Facebook from blocking right group's online content in future. The plaintiff said that on or about May 1, 2015 Facebook blocked access to SFJ page in India without prior notice or an explanation.

    I also note that Koh is the one who ruled for Apple against Samsung on those ridiculous design patents.

  5. Why is this surprising by tommyjcarpenter · · Score: 4, Insightful

    It's their website. It's free. They can block whatever they want. You are not paying for a QoS guaranteeing content. They can delete all your shit if they feel like it. I don't understand this debate.

  6. Re:I'm guessing that someone doesn't understand by MyAlternateID · · Score: 2

    FTA: "In a statement, Pannun wrote that the Silcon Valley firm should have at least offered an explanation to SFJ as to who ordered the blocking – “Facebook owes an explanation to its users after or before blocking and removing the content which is guaranteed under freedom of speech.”"

    Someone clearly doesn't understand how freedom of speech actually works. Big hint fellas, it only means the government can't regulate it, not that others cannot do so.

    ... which is why I believe that Pannun was arguing this on moral grounds. Saying something "should have" been offered isn't the same as saying "there is a law compelling you to offer" it. That it was guaranteed against government censorship under the 1st Amendment means Facebook had no obligation to remove it, thus this was an arbitrary decision, thus there must have been a reason, ergo that reason could have been offered.

    Though I know it's trendy to assume other people are complete morons who don't understand basic things, and never to consider that perhaps you may have failed to understand where they're coming from or what they actually meant. It's very rare that there is one and only one single way to interpret written words. Slashdotters tend to choose whichever one makes the writer look more stupid and themselves more clever, never considering other options. It's childish.

  7. Re:And if you don't like the free service.... by MyAlternateID · · Score: 2

    You can leave and not use it.

    Problem solved!

    Never using Facebook for any purpose and blocking all of their tracking buttons has always worked well for me. I can't say I've ever missed them.

    I hope eventually people will figure out that Facebook is but one way to communicate, in a vast global network with a great many ways to communicate, owned by a marketing company that does not (and arguably cannot) have their best interests at heart.