I think it is rather important. Because once you recognize that this is the legal understanding rather than the text itself a really critical thing emerges. Interpretation has not been the same throughout history. When was the time when our interpretation of the constitution produced optimal social media moderation policy? If it is now, what happens when in the future interpretation of speech rights changes? Or even right now? "Bong hits for Jesus"-kid was punished and that was upheld as consistent with the 1st amendment.
> but I'd sooner that idiocy be exposed and ridiculed than cede control over acceptable speech to ideologically motivated moderators in the inevitable instances where the ethical lines are blurrier.
Great. Will you also be willing to be the person who experiences a torrent of hate speech directed at them? This is not an abstract thing where somebody else can "expose and ridicule" proponents of hate. You need to be willing to have the Nazis literally protest at your home and your job every single day and not leave.
> the odd troll or bigot making racist remarks with 25 followers.
If you think this is an honest portrayal of the state of hate on social media when moderation is reduced to "everything that isn't illegal" then you are grossly mistaken.
The fact that legal interpretation has changed over time is a feature; the essential point is that it is within the democratic institution of the judicial system that the debate over and enforcement of acceptable speech should occur.
Yes, I am committed to backing up my philosophical attachment to free speech at the expense of personal inconvenience. I realize that's an empty statement without actually being subjected to that reality, but that's the best I can do.
If I'm wrong about the extent to which hate speech proliferates in unmoderated spaces (absent the adverse selection effect for sites like 4chan), then that's all the more reason to address that undercurrent of our societies. If anything, I'd argue pushing people off platforms where they might encounter dissenting views exacerbates radicalization.
I don't believe that it is the best you can do. What you can do is become an active ally, through your time or money, for the people who will suffer by having hate invade their spaces.
> but I'd sooner that idiocy be exposed and ridiculed than cede control over acceptable speech to ideologically motivated moderators in the inevitable instances where the ethical lines are blurrier.
Great. Will you also be willing to be the person who experiences a torrent of hate speech directed at them? This is not an abstract thing where somebody else can "expose and ridicule" proponents of hate. You need to be willing to have the Nazis literally protest at your home and your job every single day and not leave.
> the odd troll or bigot making racist remarks with 25 followers.
If you think this is an honest portrayal of the state of hate on social media when moderation is reduced to "everything that isn't illegal" then you are grossly mistaken.