The Commercial Appeal

Time to end the internet as we know it

This legal change will cause some pain, revise the way journalism operates and eliminate much of the crazy, vindictive garbage on social media sites

- Your Turn Larry Woods Guest columnist Larry Woods is a civil rights attorney and a professor of criminal justice at Tennessee State University.

The Supreme Court stopped in the name of sanity and democracy the state of Texas lawsuit against Wisconsin, Michigan, Pennsylvan­ia and Georgia, which was fueled by multiple false internet statements.

The quality of the lawyering involved by Texas was embarrassi­ng and the Supreme Court should have, and did, dismiss it for lack of standing to sue, lack of justiciabl­e issues and just plain foolishnes­s.

So why then did 126 members of Congress, 18 state Attorney Generals including Tennessee, and thousands of Trump supporters voice their support so loudly? Saying there is a serious IQ deficiency for those public officials is just too easy. Instead the real problem is the internet.

Millions of people believe everything they read and see on the internet. Think of all the garbage and gossip that Facebook, Twitter and other social media promote every day. Millions read it and believe it.

What can we do about this death grip that internet garbage has on the beliefs and attitudes of our voters and Americans? Any policy for censorship triggers numerous other problems. Three different proposals could make a difference in the future.

Some conscience questions

First, maybe we should require social media sites, news agencies, political groups, reporters, publishers, and elected officials to post prominentl­y some obvious questions like “Before you believe everything you read or see on the internet, ask yourself the following”:

1 Who is the source, and do they have any conflicted interests?

2 Where, how, when did they learn this?

3 Are they an expert in this matter – meaning credential­s or relevant experience?

4 Are they providing enough specific details that you can search and verify (or disprove) their details?

Second, require all the internet media and publishers to answer the above questions when they tweet, post, publish, etc.

Repeal ‘actual malice’ standard

Third, change the law by limiting the applicatio­n of New York Times v. Sullivan, Butts v. Curtis Publishing, etc.

These Supreme Court cases hold that news organizati­ons and publishers cannot be sued for making false statements about public officials, public persons and public events unless the injured person can prove “actual malice,” an almost impossible standard to meet in most cases.

Therefore, Fox News, Twitter, Facebook and some news agencies I like can get away with negligent or intentiona­l falsehoods and misleading informatio­n.

Change the law so that the Sullivan rule applies only to government officials – the original ruling – and does not apply to public persons and public events. Then, repeal the legal immunity against lawsuits for websites and internet platforms that Congress created in Section 230 of the Telecommun­ications Act of 1996. The net effect of this legal change will be Twitter, Facebook, newspapers, journalist­s, authors and politician­s will have to be more careful what they say and write when talking about anyone who is not a public official.

Half of Twitter would be gone tomorrow

This legal and constituti­onal change will cause some pain, revise the way journalism operates, and will eliminate much of the crazy, vindictive and evil garbage we have to suffer now on the internet. Half of Twitter would be gone tomorrow. Not bad if that’s the only result.

It would also alter the political calculus for newcomers, who are not yet public officials, when they run against incumbents by ending or at least limiting the use by incumbents of false and misleading attack ads. Maybe it would even increase the respect of the public for news.

 ?? POOL, GETTY IMAGES ?? Twitter CEO Jack Dorsey appears on a monitor behind a stenograph­er as he testifies remotely during the Senate Commerce, Science, and Transporta­tion Committee hearing on Section 230 of the Telecommun­ications Act of 1996.
POOL, GETTY IMAGES Twitter CEO Jack Dorsey appears on a monitor behind a stenograph­er as he testifies remotely during the Senate Commerce, Science, and Transporta­tion Committee hearing on Section 230 of the Telecommun­ications Act of 1996.
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