Furthermore, I most emphatically do not agree that “mass murder, faked videos, and pornography should not be broadcast.” It’s not just that they’re overwhelmingly constitutionally-protected speech; it’s that they’re categories that contain immense amounts of valuable and/or harmless material. Would liability for hosting videos of “mass murder” include videos posted by one of the victims or potential victims, or an innocent bystander, or only those posted by the perpetrator? And what about videos of “mass murder” perpetrated by government troops (e.g., a video of the massacre in Tiananmen Square, or the murder of the Rohinga in Burma, or Serbian atrocities in Bosnia, or a police shooting in New York City)? And if, as I suspect is the case, there are some videos documenting murder or other violent crimes that are “OK” and some that are “not OK,” how are we to distinguish between them? And more to the point, how are Youtube or Instagram, with over 100 million uploads a day, to distinguish between them?
And really—pushing “faked videos” off of the Net?! All those gifs of politicians or celebrities spouting idiotic slogans or assuming idiotic positions? All those cats playing the piano? All to be banned? Or, again, only the “bad” ones, and not the “good” ones? And which, exactly, are the bad ones? And gets to decide that?
It seems to me that some people, not anyone in the majority, want to take the constitution of the United States of America and rewrite it as some moral code, like the ten commandments or the five pillars of Islam.