Since the founding of the United States, individuals have been passionate about their rights to speech and expression. This passion is not limited to adults; students of all ages have their own beliefs they have the right to express. But sadly, schools across the nation have attempted to suppress that right. For this reason, in 1969 (Tinker v. Des Moines), the Supreme Court decided that students have First Amendment rights in the classroom. Unfortunately, subsequent cases have tread on this right and limited free speech for students.
Atilla Sulker | United States
With the recent suspending of the accounts of many individuals on social media sites including Twitter, Facebook, and YouTube, people are beginning to question the validity of the move. In fact, some liken it to an attack on free speech and a bold censorship. To the libertarian, this is a major area of concern; before any actions take place, one must evaluate the situation critically.
We must first establish the premise that government tends to gradually prey on our liberties more and more. We are like the frog in the boiling pot, so to speak. If we assign government a small task, the scope of this task becomes larger over time. As a result, we end up with more regulations and fewer liberties. Based on this premise, the goal that the libertarian should be aiming at is to extend free speech as far as possible without violating the non-aggression principle.
The Nature of Rights
It is also important to realize how rights work. Rights are hierarchical, and at the top of the hierarchy is property rights. From property rights stems the freedom of speech and a whole range of other rights. Property rights not only allow the owner of the property to say what he pleases on the property, but also give him the power to use property such as billboards and signs to spread his message. In this way, property rights come before free speech.
You can not come onto my property and say as you wish. I, as the owner, set the limits as to what people can and can’t say. Though I may allow you to say certain things, you have no initial right to speech on my property; I must grant it to you. We can clearly see the superiority of property rights to free speech.
So how does all this apply to the digital paradigm? I will now begin exploring a term I have coined: “digital property rights”.
Rights and Social Media
Many people use the argument that Facebook and Twitter, among other social media sites, are private companies and they hence have the right to pick and choose who can use their site. If one thinks about this, it is similar to businesses in the physical realm. For this analogy, I will be comparing social media sites to giant apartments.
If I were to rent an apartment, I would have access to a certain area of property, but I’d simply be renting it and would still have to live within a certain set of rules that the property owner sets. The apartment owner has laid out his terms in our contract. He could quite possibly charge me fees for various violations of the contract, whether it be a noise violation, a disturbance of peace, etc.
Connecting this to social media, it becomes clear that accounts operate in this same way. The account user is entering the “digital property” of the site owner. The site owner ultimately has the rights to grant or revoke the right of speech to the user. It is his or her “digital property”; hence, he or she sets the rules. We can think of account restrictions and temporary bans as fees charged to the tenant in the apartment for various violations of the contract. We can think of account terminations as the evictions of the digital realm.
So where has this analogy lead us to, and what implications does it have for the libertarian? For one thing, it outlines the importance of the voluntary contract, but beyond this, it shows how fundamental property rights are to the libertarian conscience. It seems that property rights can solve practically any issue, and this is certainly one of them. It can, of course, be applied to areas beyond just social media, including websites and domains.
Now a common objection to the ideas I have laid down would be that these social media sites have conspired with the government to ban certain people, and hence this is not private discrimination, but public discrimination. Though this argument may be convincing, it is important to never lose sight of our goal, which is the diminution of the scope of government. If we were to try and stop social media sites from taking such actions, it would bring in further government intervention, which is not a good means to our desired ends.
Another objection that I have heard is that these various social media sites are “monopolies”. In assessing this claim, it is important to look at monopoly from an Austrian economist’s perspective. To the Austrian, monopoly is not when a certain firm controls the majority of an industry, but when it has the government’s permission and privilege to do so. Luckily, there are still alternative routes to spread ideas on the internet.
The Only Fair Is Laissez-faire
The private industry is very important in protecting one’s freedoms because incentives for profit are directly linked to the satisfaction of the consumer. Some people think that it is wrong to criticize the censorship of certain social media sites, because they are private. However, one can criticize a private company, yet still believe in its sovereignty. After all, the whole point of privatizing is to ensure greater consumer satisfaction.
Laissez-faire capitalism is the only way to increase the amount of choices in an industry to the greatest extent. With the consumer in control, we will ultimately see the fate of sites like Facebook and Twitter. If the consumer does not like their execution of censorship, they may protest the sites and boycott them. These same protocols exist in any industry. The consumer decides the fate of a company, so if a firm is not pleasing the consumer, they will either have to change their ways or liquidate. This is one of the many benefits of capitalism. Vote with your dollar!
Originally published on Lewrockwell.com
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