It's a place the public visit not a piece of public infrastructure. Repeating "public square" over and over again does not make it so.
Which of these cases is Youtube more like? It's already hard to tell, and it's continuing to change. I expect the legal status of online forums to evolve over the next several decades, just like the legal status of brick-and-mortar spaces has evolved over time.
Even then, it does not mean that those malls should allow anyone to sell wares. What it means it allows people to visit without discrimination on basis of legally protected classes like gender and race. YouTube banning a channel does not ban individual from watching videos, it prevents them from uploading videos which is akin to setting up stores.
No, the "public square" designation specifically allows people to do things like come to the mall and set up political protests and whatnot. It's not about _access_ to the mall; it's about speech protections.
Is uploading videos more akin to setting up a store at the mall, or more akin to standing on a soapbox at the mall and giving a political speech? It probably really depends on the video, on whether the video is being monetized, etc.
In particular, I feel there is an important distinction between demonetization and removal here, from an ethical/moral perspective. I can't speak to the legal perspective; I am not a lawyer.
That said, I'm not quite sure I understand your point. A speaker in physical space can pretty easily take their speech elsewhere; most obviously to the nearest public street corner. So moving away from a private venue typically does not require anything nearly as drastic as "moving to another state/region".
I'd really like to understand your point and how it applies to both the mall and youtube situations, though, and would appreciate you explaining it if you have the time.
I think there's a difference between "you can speak" and "you can speak in such a way that interested people can hear". The former is not very useful in terms of the right people usually think of as "freedom of speech"; the limiting case of it in the physical world is "you can speak, but only in your own home". So what, if anything, makes for an online version of the public square, where one can go to present speech for consideration by others?
Also, I think online speech is more similar to physical-world speech than you make it out to be. You can't speak online without "imposing" on your hosting provider, their ISP, etc. If you self-host, you "impose" on your own ISP (and probably violate their ToS, if you have a residential connection). You "impose" on your domain registrar. These are all private entities, so you have the same sorts of issues as you allude to for the physical world. And these private entities have been known to restrict the speech of people relying on their services, so this is not a hypothetical risk.
The extent to which someone is entitled to an audience is of course more difficult to judge.
That's the idea those absurd behind "free speech zones" off in a remote corner.
Free speech means free speech in every public space.
Personally I fear the future where the government (or monopoly/oligopoly) in power isolates all opposition in a remote corner where no one can hear.
If a mall did that they likely be accused of discrimination. The demonstrators don't demand to be promoted, but simply be treated as anyone else.
What if you set up a booth in a shopping mall in the spring of 2016 in California or Massachusetts and gave away pro-Trump stickers? I assure you there are plenty of people out there in both states, many of them likely working on YouTube, who view that as equivalent to your hypothetical. I know a number of them personally.
Trust me, I'm not a fan of the sort of rhetoric you describe. But I also don't like slippery slopes with no guardrails. I expect we'll end up with guardrails here in the end, after a few decades and a bunch of court cases, but it's going to take a while.
Now very likely Youtube plans to do extremely selective enforcement. I'm not sure that over-broad rules with ensuing very selective enforcement, applied only against the powerless and unpopular, is the right direction to head in, but that's what I see going on here.
I think the truth is that big platforms that are conceivably open to anyone eventually become abused, unevenly enforced, and end up being a gamble when it comes to business. YouTube, Google play, Apple's app store and many more are all examples of this.
Also, I couldn't care less whether things are a gamble when it comes to business. I do care about public discourse and control thereof.
We need an Internet Bill of Rights to ensure free speech on any platform of this scale. Yes, that means speech you don't like; may I suggest not watching it?
Following more modern censoring in Sweden, should Youtube allow videos that include tobacco, alcohol and gambling? if not why not?
It's closer to pamphlets than newspapers, in that regular people can make and distribute pamphlets, whereas regular people have never been able to put whatever they want in newspapers. We would be rightly upset if either the government or common carriers refused service to political groups distributing pamphlets.
Because to use your analagy, to send out your pamphlets you must know your audience already.
Yes, but the analogy with traditional delivery services breaks down because people don't ask the delivery service to find new content for them. Preferring certain people's videos in search and recommendations based upon their political content is a deliberate reduction in the ability of the penalized people to meaningfully participate in the political conversation, which is what we should be trying to prevent. It's dangerous. Less dangerous than banning them altogether, perhaps, but still dangerous.
Google and Facebook et al built very successful products that a lot of people enjoy using. But I don't think very many people think that should entitle them to shape the political conversation. The people being shut out to varying degrees will certainly not see it that way.
Yes of course those two things are different, but YouTube does both of them and both of them are necessary for meaningful participation in the public political debate.
>but recommendations/search fall under curation and curation is very much back in the realm of TV/newspapers where the proprieter exercises control.
When users search somewhere like YouTube or Google, or look at their recommendations, they are typically not expecting to get content ranked by how well it falls in line with the proprietor's political outlook. They're trying to get content that matches what they searched for, or in the case of recommendations looking for content the service thinks they might be interested in, not content that the proprietor thinks they should be seeing to further their own political goals. Search, and to an extent recommendations, fall under discovery. People don't go to YouTube or Google or Facebook or Twitter to see content curated by those companies. If they want curated content, they go to a specific channel or page or account, or to a website like the NYT.
>I think that does entitle them to shape the political conversation, although I could see some argument for a great deal of transparency in exactly what they're doing in that regard.
I'm curious if you would you say that if they were hiding content you agree with and promoting content you disagree with, or what you would say if there was an election coming up and they were hiding content in favor of your preferred candidate and pushing content in favor of the opponent.
And do you think they remove that content without any regard for their own political leanings? That their opinion of what is "offensive" or "dangerous" is not influenced by their own political ideology?
>I distinctly believe that a right to free speech is not a right to have an audience provided to you.
What is the point in free speech, in your opinion? Why is it something we should care to guarantee?
>If you want to build such a community on your own site then by all means, that's your prerogative and that's the freedom the web gives you.
A) The actual fact of the matter is that the majority of the public political debate which normal people engage in on the internet occurs on Facebook, YouTube, and Twitter, and perhaps a couple of other giant corporate-owned web properties that all have essentially identical policies. Telling people to go elsewhere is essentially telling them to go piss up a rope. It's not a real alternative.
B) The daily stormer would like a word with you.
https://en.wikipedia.org/wiki/Section_230_of_the_Communicati...
(I can see political pressure now and in the future to say that some platforms should have some kind of neutrality and/or transparency obligation in order to get this immunity -- but under current U.S. law, they don't.)
If your cell company prevented you from calling your crazy uncle on Christmas eve because he believed aliens built the pyramids, that would be considered a violation of your right to free speech AND free association, and it would be very creepy.
The public square argument at this point isn't deniable, it's more about what the company that maintains that public square gets to define as trash.
I think a key insight in discussions like this is realising that “public square” is as more of a function rather than a state of ownership.
IMO if your company becomes big enough to obtain the function as a public square, you should be prepared to be required to act as one.
Legislation isn’t there yet, but just like privacy and data-ownership is getting more legislative attention these days, I wouldn’t be surprised if things like this are subject to regulation within 5-10 years.
As this infinitely repeated discussion shows, it’s clearly a problem which needs to be solved.