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Reinstate Trump? Facebook Oversight Board Set To Rule On Indefinite Ban

Facebook's independent Oversight Board on Wednesday is expected to announce its biggest decision yet: whether to uphold or reverse Facebook's indefinite ban on former President Donald Trump.

The decision to ban Trump from both Facebook and Instagram, which the company owns, came after the Jan. 6 attack on the U.S. Capitol. But it was precipitated by the months that Trump spent on social media both amplifying disinformation and casting doubt on his loss in the presidential election in violation of Facebook's rules.

"We believe the risks of allowing the President to continue to use our service during this period are simply too great," Facebook CEO Mark Zuckerberg wrote at the time.

"We believe we took the right decision. We think it was entirely justified by the unprecedented circumstances on that day," the company's vice president for global affairs and communications, Nick Clegg, later told NPR.

And yet both Zuckerberg and Clegg have expressed concerns about any one company having so much power over online speech — especially when it comes to whether or not an elected leader can reach the social network's billions of users — which is why Facebook has asked the board to weigh in.

Facebook created the Oversight Board a year ago to make final calls on the most difficult decisions the social network makes about what users can post. Each case is decided by five members of the 20-person board. They consider Facebook's rules and international human rights principles and seek out the views of outside experts and members of the public.

In the Trump case, the board received more than 9,000 public comments. The final decision must be approved by a majority of the full board, and Facebook has agreed to abide by its ruling.

The Trump case is the biggest test so far of the board's legitimacy: whether it's seen as independent from the company that created and funds it, or whether it's seen as a cover to let Facebook duck responsibility.

The decision is also expected to set a precedent for how Facebook will treat the accounts of other world leaders and politicians. And it could be a model for other tech platforms grappling with the question of control over free speech.

"We know that they care a lot about international human rights law, and we know that they care a lot about freedom of expression," says Kate Klonick, an assistant professor of law at St. John's University, of the Oversight Board members. "But we don't know how that's going to impact when you have special circumstances like the one that they're dealing with in the Trump case."

Klonick is an expert in internet law and the author of a recent New Yorker article about the making of the Facebook Oversight Board. In an interview that aired Tuesday on NPR's Morning Edition, she said it's hard to know if the board will simply vote up or down to reinstate Trump, or whether it will consider letting him back on the site with some sort of restrictions. But either way, Klonick says, it will be "setting the tone here for what they're going to do going forward — how much power they're going to have."

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by Anonymousreply 54May 7, 2021 5:10 AM

Interview Highlights The independent Oversight Board, this was created through this $130 million investment from Facebook. Who's on the board? How much weight do the board's decisions carry?

The board is comprised right now of 20 people. They are a wide range of experts in freedom of expression and international human rights. And they're everyone from [the] former prime minister of Denmark to the former editor-in-chief of The Guardian to a Nobel Peace Prize winner to former circuit court judges. So it's a really kind of blue-ribbon panel.

So the board has so far reviewed only a handful of cases, overturning four of five Facebook decisions. What do those decisions tell you about the board's potential ruling in a Trump case, if anything?

Yeah, that's a great question. It's pretty much the only thing that we have to go on as to what the decision is going to be [Wednesday] in Trump's suspension. So far, we know that the board cares a lot about what we call in the law proportionality — the proportion of kind of the underlying offense to the punishment that they're going to have from Facebook, from censorship. And we know that they care a lot about international human rights law, and we know that they care a lot about freedom of expression. But we don't know how that's going to impact when you have special circumstances like the one that they're dealing with in the Trump case.

Is the choice just to reinstate or keep the ban? Or does the board have leeway to choose letting Trump back on Facebook, but with some kind of restrictions?

Yeah, that's a really interesting question. And we have no idea. I know it's a very unsatisfying answer, but basically the board is setting the tone here for what they're going to do going forward — how much power they're going to have, how much power they're not going to have, whether they're even going to be constrained by how the question was posed to them with Facebook. And Facebook just spent one $130 million and a year and a half, two years, constructing this board to deal with questions like this independently and reliably and with transparency. And so if they don't pay attention to what the board has to say, it's going to be a very difficult position that they're going to be in.

How might Wednesday's decision create some kind of precedent that other social media platforms would follow?

Yeah, I think that's going to be the most interesting thing, honestly, because you have Twitter, who has decided also to take Trump off the platform, and [Twitter CEO] Jack Dorsey saying that it's going to be a permanent suspension. You have Facebook with their indefinite suspension, and then sending it to the board. But Twitter obviously doesn't have something like the Oversight Board. They've gone a different way. They're working on Birdwatch and other types of ... modifications to their platform to deal with the content moderation problem. And it'll be really interesting to see if Twitter decides to use this as basically a differentiation from Facebook in the marketplace and to basically make a pitch like, "We won't let him back on our platform," or "We will let him back on our platform. We're not going to be like Facebook."

You have spent a lot of time investigating Facebook and the Oversight Board. What's your gut tell you on the decision?

I think that if they decide to go with what I think everyone's expecting, which is an up-or-down decision, they're going to reinstate him. But if they decide to go a little bit bigger, I think this could be a very important procedural case from a legal perspective and one that sets a longer-term tone.

by Anonymousreply 1May 4, 2021 7:10 PM

reinstate his account and he will do it again.

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by Anonymousreply 2May 4, 2021 7:13 PM

He’s learned his lesson

by Anonymousreply 3May 4, 2021 7:16 PM

R2 😂

by Anonymousreply 4May 4, 2021 7:16 PM

Did he post much on facebook?

Wasn't twitter his main venue?

by Anonymousreply 5May 4, 2021 7:21 PM

R5 Twitter was his go-to, but he stirred shit on Facebook too.

by Anonymousreply 6May 4, 2021 7:37 PM

If they reinstate that orange piece of shit I will never go on Facebook again, oh wait, I don't have a Facebook account, well I will never get one.

by Anonymousreply 7May 4, 2021 11:30 PM

R7 I don’t think they will.

by Anonymousreply 8May 5, 2021 1:47 AM

Fuck that board. If their decision applied to all people equally then fine. But do you think you’re going to get a board to reinstate your account when you tell Trump to go fuck himself on day 1? You will not. Trump funneled them a metric shit ton of Russian and Chinese money to put his fat ass back online. And this is just corporate theatrics to keep the stockholders from smelling the outrage of the unwashed masses.

by Anonymousreply 9May 5, 2021 1:53 AM

[quote]And yet both Zuckerberg and Clegg have expressed concerns about any one company having so much power over online speech — especially when it comes to whether or not an elected leader can reach the social network's billions of users — which is why Facebook has asked the board to weigh in.

Shut the fuck up, Zuckerberg. You know perfectly well that no decision made by a privately owned company is a "free speech" issue, and even if it was, you wouldn't give a fuck. Don't hide your desperation for relevance and clicks behind some imaginary concern about the first amendment.

by Anonymousreply 10May 5, 2021 2:09 AM

No fucking way. Never again. Ban Trump for life.

by Anonymousreply 11May 5, 2021 2:59 AM

Imo they should generally not do this, but Trump is really the exception isn't he? Even I, someone very against censorship and cancel culture am 100% ok with Trump remaining GONE.

by Anonymousreply 12May 5, 2021 9:56 AM

They can always ban him again.

by Anonymousreply 13May 5, 2021 10:11 AM

Sigh, FB will probably reinstate him on some 1st amendment bullshit, when it's really all about the $$, but it was nice to be rid of him spewing hatefulness & vile. Yes, there are plenty of other outlets for crazy, but FB is a big one.

by Anonymousreply 14May 5, 2021 10:24 AM

The fact that this is even up for consideration further confirms how fucked up Facebook truly is. I have never been on social media and never will.

by Anonymousreply 15May 5, 2021 10:34 AM

R14 I agree FB knows their ad revenues will rise once he's reinstated, that's their real concern.

by Anonymousreply 16May 5, 2021 10:41 AM

DUMP is an insane sociopath.

NFW he should be reinstated, he doesn't know right from wrong.

by Anonymousreply 17May 5, 2021 10:46 AM

Facebook is on its way out anyway. Letting Trump back in would just hasten the process.

by Anonymousreply 18May 5, 2021 10:54 AM

If Facebook lifts the ban, Trump is just gonna keep lying.

by Anonymousreply 19May 5, 2021 11:01 AM

It sets a bad precedent because it's going to be a MAGA victory lap of "WE HAVE BEEN VINDICATED" when in truth, at the very least, FB could say that the Trump campaign of misinformation & lies resulted in the January 6th coup attempt and for that reason alone, Trump cannot be re-instated. But I am not confident that's the way this is going to play out

by Anonymousreply 20May 5, 2021 11:15 AM

God. Please. No.

by Anonymousreply 21May 5, 2021 11:27 AM

If they lift Trump's ban the DOJ needs to start investigating that company and Zuckerberg like never before. They need to be ruined.

by Anonymousreply 22May 5, 2021 11:33 AM

DUMP DECLINED, bitches!

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by Anonymousreply 23May 5, 2021 1:04 PM

Ban upheld!

by Anonymousreply 24May 5, 2021 1:04 PM

The breathless suspense of waiting until 9AM EST for the dramatic decision is positively Trumpian.

by Anonymousreply 25May 5, 2021 1:07 PM

Ban is not "indefinite." Board punts back to Zuck. Who will relent under pressure.

by Anonymousreply 26May 5, 2021 1:09 PM

Ban maintained.

by Anonymousreply 27May 5, 2021 1:11 PM

Yay!

by Anonymousreply 28May 5, 2021 1:15 PM

[quote] Ban is not "indefinite." Board punts back to Zuck. Who will relent under pressure.

LOL. When trolls try to save face.

by Anonymousreply 29May 5, 2021 1:16 PM

"Facebook will uphold Trump ban but reassess the decision over coming months"

What the fuck does that even mean?

by Anonymousreply 30May 5, 2021 1:18 PM

^ It means they will be put under more pressure to relent in the coming months and let the Rumpster back on.

by Anonymousreply 31May 5, 2021 1:19 PM

That's how I'm understanding it as well.

by Anonymousreply 32May 5, 2021 1:20 PM

There's a 6-month grace period for Zuck to decide what to do to establish more parameters. Board says even Trump can't be banned indefinitely with no criteria for reinstatement.

Trump is off FB for 6 months, so that's something. Let the howling begin!

by Anonymousreply 33May 5, 2021 1:20 PM

Well let's hope the current administration can get them to understand the ramifications if they should at any point decide to let the fat fool back on. I think they need to send a few FBI agents over to talk with Zuckerberg.

by Anonymousreply 34May 5, 2021 1:21 PM

With any luck he'll stroke out by the next evaluation.

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by Anonymousreply 35May 5, 2021 1:22 PM

Facebook has zero moral compass or policies. They are basically reactionary and deal with subjects as part of crisis management responses. The fact that they allowed lies, propaganda and violent threats over their platform for years because it is coming from heads of states of government representatives confirms that any so-called standards are bullshit.

by Anonymousreply 36May 5, 2021 1:22 PM

Every day he goes without a major platform is one day he can't continue to shit on the American democratic tradition.

I'm not willing to look this gift horse in the mouth quite yet.

by Anonymousreply 37May 5, 2021 1:23 PM

[quote] Ban is not "indefinite." Board punts back to Zuck. Who will relent under pressure.

How’s that looking for you right now, chief?

by Anonymousreply 38May 5, 2021 1:25 PM

The only real recourse anyone has is to boycott Facebook if they let him back on. But will anyone do that? People who didn't suffer any real effects from Trump's fascism got addicted to the drama, and they truly don't care if he comes back and causes another attempted coup. Millions have somehow divorced themselves so far from reality that they think anything that doesn't happen to them personally is just, I dunno, a reality show, or maybe didn't really happen.

by Anonymousreply 39May 5, 2021 1:27 PM

r29 yep if they re-instate Trump I am done with FB. #boycottfacebook

by Anonymousreply 40May 5, 2021 1:28 PM

I hope Trump is tied up in litigation in NY, GA & DC so that the last thing on his mind is lying on FB and that his lawyers will tell him to shut up.

by Anonymousreply 41May 5, 2021 1:29 PM

If the media still talks about him inciting hate and being the cause of the Capitol Riot on 01/06 I don't think Zuckerberg will reinstate Trump. Bad optics. Liberal backlash outweighs Deplorable backlash.

by Anonymousreply 42May 5, 2021 1:30 PM

Facebook has become a platform for bullshit and lies. It's a propaganda breeding ground because they allowed it to be and deserves to be recognized as such.

by Anonymousreply 43May 5, 2021 1:33 PM

Facebook didn't reinstate him

by Anonymousreply 44May 5, 2021 1:34 PM

Crazy cunt is still trying to take over the carcass of the GOP from exile ... and it looks like he's winning.

by Anonymousreply 45May 5, 2021 1:36 PM

[quote]Facebook didn't reinstate him

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by Anonymousreply 46May 5, 2021 1:36 PM

Maybe he will be dead by then. 🤞🛐

by Anonymousreply 47May 5, 2021 2:07 PM

[quote]Every day he goes without a major platform is one day he can't continue to shit on the American democratic tradition. I'm not willing to look this gift horse in the mouth quite yet.

Well said; a lot can happen in 6 months or a year - like a major stroke or impending legal action...so enjoy victory today & let Trump & MAGA nation fume over this one

by Anonymousreply 48May 5, 2021 2:25 PM

Has Trump commented yet on his new "platform"?

by Anonymousreply 49May 5, 2021 2:46 PM

super woke repugs keep screaming that his constitutional rights are being violated!!! Facebook and Twitter are privately owned companies and HE INCITED A FUCKIN' RIOT WHICH KILLED FIVE PEOPLE!!!

FUCK YOU, SHITLER!!! YOU GET WHAT YOU DESERVE.

by Anonymousreply 50May 5, 2021 2:57 PM

[quote] Board says even Trump can't be banned indefinitely with no criteria for reinstatement.

Easy: Individuals who have incited or participated in a domestic terrorist attack against our government will be banned permanently.

How’s that criteria for you?

by Anonymousreply 51May 7, 2021 4:35 AM

Their algorithms are locked in to perpetuate outrageous provocative content - which is what his team of shock jocks provide.

If you look at the top promoted content, it always includes Ben ‘my wife has a dry vagina’ Shapiro and Glen ‘I deep throated a gun for angry, sweaty Brazilians’ Greenwald.

Plus, they still aren’t out of the water for Cambridge Analytics and the role Facebook played.

by Anonymousreply 52May 7, 2021 4:44 AM

Isn't Zuck playing with fire? The Republicans created him. Now he wants out of the contract?

There will be hell to pay.

by Anonymousreply 53May 7, 2021 4:55 AM

If FB allowed It back -Please no, we have been traumatized enough-and IT incited violence, and people/someone got hurt or killed, could FB be held liable? I really hope they can be held criminally liable. They know It is a threat with a history of this behavior. I am sure the families of the victims could probably sue FB, but criminally ?

by Anonymousreply 54May 7, 2021 5:10 AM
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