[Matt Taibbi] If Private Platforms Use Government Guidelines to Police Content, is that State Censorship?

Just under three years ago, Infowars anchor Alex Jones was tossed off Facebook, Apple, YouTube, and Spotify, marking the unofficial launch of the “content moderation” era. The censorship envelope has since widened dramatically via a series of high-profile incidents: Facebook and Twitter suppressing the Hunter Biden laptop story, Donald Trump’s social media suspension, Apple and Amazon’s kneecapping of Parler, the removal of real raw footage from the January 6th riots, and others.

This week’s decision by YouTube to demonetize podcaster Bret Weinstein belongs on that list, and has a case to be put at or near the top, representing a different and perhaps more unnerving speech conundrum than those other episodes.

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There are several factors that make the DarkHorse incident different from other major Silicon Valley moderation decisions, including the fact that the content in question doesn’t involve electoral politics, foreign intervention, or incitement. The main issue is the possible blurring of lines between public and private censorship.

When I contacted YouTube about Weinstein two weeks ago, I was told, “In general, we rely on guidance from local and global health authorities (FDA, CDC, WHO, NHS, etc) in developing our COVID-19 misinformation policies.”

The question is, how active is that “guidance”? Is YouTube acting in consultation with those bodies in developing those moderation policies? As Weinstein notes, an answer in the affirmative would likely make theirs a true First Amendment problem, with an agency like the CDC not only setting public health policy but also effectively setting guidelines for private discussion about those policies. “If it is in consultation with the government,” he says, “it’s an entirely different issue.”