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VOICE ARCHIVE

Daphne Keller

@daphnek.bsky.social
6 posts
2024-08-29
Seriously how can we still be having this conversation.  How can the 3rd Circuit believe its own nonsense on this.  How dare they create a circuit split and force an exhausted nation to go through this AGAIN.  6/
2024-08-29 View on X
Reuters

A US court rules TikTok must face a lawsuit over a 10-year-old's death and the “blackout challenge”, saying algorithmic curation isn't protected by Section 230

www.supremecourt.gov/DocketPDF/ 21... Daphne Keller / @daphnek.bsky.social : Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Mo...

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If Section 230 did not apply to platforms' constitutionally protected exercise of editorial freedoms, then it would apply to basically nothing.  It would be a nullity.  5/
2024-08-29 View on X
Reuters

A US court rules TikTok must face a lawsuit over a 10-year-old's death and the “blackout challenge”, saying algorithmic curation isn't protected by Section 230

www.supremecourt.gov/DocketPDF/ 21... Daphne Keller / @daphnek.bsky.social : Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Mo...

View original
There is NO CONFLICT between moderation and ranking being (1) the platform's speech and also (2) immunized by 230.  The whole point of 230 was to encourage and immunize moderation.  As the law's drafters pointed out, that includes algorithmic ranking.  4/  —  www.supremecourt.gov/DocketPDF/ 21...
2024-08-29 View on X
Reuters

A US court rules TikTok must face a lawsuit over a 10-year-old's death and the “blackout challenge”, saying algorithmic curation isn't protected by Section 230

www.supremecourt.gov/DocketPDF/ 21... Daphne Keller / @daphnek.bsky.social : Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Mo...

View original
Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Moody v. NetChoice, because it said algorithmic ranking that advances the platform's content moderation goals is the platform's 1st Am protected speech.  (Check out fn 13, sigh.)  3/
2024-08-29 View on X
Reuters

A US court rules TikTok must face a lawsuit over a 10-year-old's death and the “blackout challenge”, saying algorithmic curation isn't protected by Section 230

www.supremecourt.gov/DocketPDF/ 21... Daphne Keller / @daphnek.bsky.social : Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Mo...

View original
This issue was fully briefed to the Supreme Court, with approximately infinity amicus briefs covering every possible angle, a little over a year ago.  The Court decided not to decide.  2/  —  www.scotusblog.com/case-files/ c...
2024-08-29 View on X
Reuters

A US court rules TikTok must face a lawsuit over a 10-year-old's death and the “blackout challenge”, saying algorithmic curation isn't protected by Section 230

www.supremecourt.gov/DocketPDF/ 21... Daphne Keller / @daphnek.bsky.social : Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Mo...

View original
I can't express how unutterably tired I feel after reading this absurd 3rd Cir ruling.  It denies TikTok 230 immunity for a claim that is (very thinly) framed as liability based on algorithmic promotion, instead of liability based on user content.  1/  —  cases.justia.com/federal/appe...
2024-08-29 View on X
Reuters

A US court rules TikTok must face a lawsuit over a 10-year-old's death and the “blackout challenge”, saying algorithmic curation isn't protected by Section 230

www.supremecourt.gov/DocketPDF/ 21... Daphne Keller / @daphnek.bsky.social : Now the 3rd Circuit is engaging in the absurd pretense that the Court actually decided this issue in Mo...

View original