alt Hacker NewsOh is this law’s scope limited to only the world’s largest corporations, and not smaller competitors, new entrants, individual developers, or nonprofits? I didn’t realize that.
Oh is the presentation of text and images not “speech” because it’s “addictive”? I didn’t realize that.
Your strategy with billboards is more clever than I’ve usually seen from you lot; I’ll give you credit for that. A billboard is actually a physical structure. The message on the billboard is the speech. If I stopped here you’d have a “gotcha”; the software must be like the billboard! But no, because first of all, code is speech, and secondly, the layout of items on the screen and how they interact is also just speech. It’s just graphic and UX design! There is no physical structure here. You’re attempting to regulate the presentation of information—design.
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Isn't it fascinating that the people making the most extensive use of infinite feeds and A/B testing for maximum user engagement are also the massive platforms with dominating network effects and captive audiences? It's like _specifically regulating large social media conglomerates with outsized impact, capacity for harm, and demonstrated propensity to maximize user addiction might provide an ideal balance of societal improvement without harming smaller actors_.
Re, source code: you can print out an implementation of your infinite feed and put it on GitHub. Go nuts. That's your freedom of speech. Likewise, I can write DDoS control software and clients. However I can't run said software as a service because that specific act is illegal. Same thing applies to the application feeds we're discussing; hosting content and offering software as a service has different semantics.
If you think that UX is a matter of free speech then I have an illuminated freeway sign running at 3000 nits to sell you.
We can have nice things. We can push corporations to act in pro-social manners. We can put individuals at a better footing with respect to large corporations while ensuring the liberty of individuals and small businesses. This libertarian idea that we cannot constrain obviously harmful behavior from massive corporations without immediately turning into an authoritarian both flies in the face of historical precedent and basic reason.
The 1A jurisprudence, to my understanding, basically results in the courts virtually never finding that the government has a legitimate, competing interest in limiting political speech.
But courts are willing to find that certain speech that is apolitical can be limited (the previous "fire in a crowded theatre" example). Basically the courts have recognized 1A established freedom of speech to protect political dissent and political ideas. Porn, for example, has limitations that would never apply to political ideas.