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I’ve seen a lot of (private) censorship going on by Facebook, and now it’s hit me right in the nuts. My “posting and replying privileges” were suspended for 24 hours because I made two jokes over the course of thirteen days that “violated community standards.”

Here are my interactions.
Interaction #1, January 19, 2021
If you have access to it, the interaction is here.
RJS: “I have a long list of things I’d like to see improved with the coming administration, but one thing on that list, and I’m not going to say where it falls, is the decriminalization of a certain substance. Can’t. Wait.”
JD: “Okay now for sure if you and I ever both make the insane decision to attend a con in person, and it happens to be the same con at the same time…. Yeah, that.”
Me: “Hippies.”
Calling people hippies is something I’m known to do whenever someone disagrees with me (a la Eric Cartman), but it seemed particularly appropriate here. Continuing . . .
RJS: “Frog enthusiasts.”
This, of course, meant that RJS and JD licked toads. Unfortunately, I had a brain fart and thought he was referring to me as a frog enthusiast, and that I was missing some sort of reference. Mea culpa. So, not knowing what he was talking about, I responded, “Mais je deteste les Francais” (“But I hate the French.”). Get it? The French are frogs. Not my best work, I know, but it was just a goofy response to something I didn’t immediately understand.
That was deemed hate speech. Here’s some discussion on it from a subsequent post, again if you have access.
Interaction #2, January 31, 2021
If you have access to it, the interaction is here.
First concert – Billy Joel
Last concert – 38 Special (with Erik Nowak)
Best Concert – Iron Maiden
Worst concert – Jimmy Buffett
Loudest concert – Iron Maiden (I was on the floor)
Seen the most – Billy Joel (twice)
Most surprising – Cowboy Mouth (soooo good)
Next concert – It’ll be a while. I’m not a huge concertgoer.
Wish I could have seen – Fleetwood Mac, RUSH, Genesis, George Benson
Someone responded “’Last’ sounds so final. Perhaps ‘most recent’?” I replied, “I plan to kill everyone who responds.” I assume that was deemed terroristic threatening.
Basically, Facebook’s algorithm (and apparently the humans that perform the follow up review) can’t distinguish obvious humor from actual hate speech or terrorism. Of course, neither can many people nowadays, so I guess there’s always going to be a market for Facebook’s humorless bubble. However, if you’re in that group, you’re a tiny minority. Most people get it, and the only way Facebook will learn to stop catering to such a small minority is for people to either reduce their presence or leave altogether.
I think I’m going to do my part. I’ve been looking for an excuse to part ways with Facebook, and they just handed me one. My presence is going to be greatly reduced until I settle on another option. I’ll refocus my efforts towards Twitter and my blogs, so if you want to connect on Twitter, just send me a Facebook private message. I have several different handles that deal with different subject matter (geekdom, sports, politics, and law) in order to reduce the noise. As long as I’m still on Facebook, if I see something interesting there, I’ll respond via my Twitter feeds (quick responses) and blog sites (verbose responses). I’ll link to my posts via the Facebook news feed but won’t engage in discussions there, relying only on my posts’ comments sections. I don’t mind discussion on my Facebook wall; I’m just saying I won’t be part of that discussion or even follow it. Will you really miss me though?

This Isn’t the End of the World, but It’s No Small Matter
I’m an attorney. I’m well aware of the distinction between private and public censorship. Private censorship is almost always legal, and public censorship is almost always illegal. Facebook, Twitter, and other “microblogging platforms” are private entities largely permitted to suppress speech, but they’re clearly heading for (if not already there) an oligopoly (i.e., a monopoly, but where there are a tiny number of providers rather than just one), which means antitrust law applies.
While many of you hate the people who joined Parler, don’t you still find it troublesome that, the moment a competitor started to gain a serious foothold in the market, one of Twitter’s companions, Amazon Web Services, effectively bankrupted them by cutting off their access with a 30-hour notice? If MeWe gets too popular, they could be next. Facebook and Twitter could cut out all competition, leaving you no other options, and once that happens, who knows what rules they’ll impose? The fact that one’s access to the primary avenue to communicate with others (i.e., speech), in a pandemic no less, is the precise service being suppressed makes this even more troublesome regardless of whether the government is doing it.
Each of these cases turn on their facts, so I’m not going to condemn or complement the Court’s denial of an injunction in Parler’s suit. Also, this one incident isn’t the end of the world. I’m simply pointing out the immense market power these companies have and how they’re making sure they never lose it. Sooner or later, that will result in an antitrust violation, and the violation will be to everyone’s primary means to connect in the Internet Age. Everyone thinks they’re virtuous, but these giants could easily come for you next. Whether they’re destined to throw you out, or you’re destined to get sick of it and leave by own free will, maybe it’s time to form an exit plan just in case. While doing so, don’t be your own worst enemy by letting these guys off the hook.
My exit plan is under construction. The fact that one is even necessary is evidence advancing my argument.
Follow me on Twitter @gsllc
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