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iamnothere an hour ago

“Shouting fire” was a bad decision denying the right to protest the draft, and it’s since been overturned. (Thankfully, as we may need that right soon!)

The First Amendment is clear: there shall be no law abridging freedom of speech. Courts have bent around that in the past, in earlier eras, but they were wrong to do so. Their mistakes have mostly been corrected although there’s still a few left.

The document that governs this country spells it out: it can’t be done. Public safety be damned. There’s no public safety exemption in the Constitution. If you want it done, pass an amendment. There’s a process for it.

I personally dislike infinite scroll, but I dislike the camel’s nose in the tent even more. No speech laws.

coldbrewed an hour ago | parent [-]

Hang on, let's go back - clarify for me how we're calling an addictive feature in a product built by the wealthiest corporations on the planet a matter of individual free speech? Precisely whose free speech would be harmed here?

Seriously, this diffusion of individual liberties into corporations has no presence in the constitution, and courts have fabricated this wholesale. There is no idea, no concept, no notion that infinite scroll provides. We regulate the size, location, and brightness of billboards; is this also a matter of speech?

iamnothere 40 minutes ago | parent [-]

Oh 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.