The Case of Trump v. Facebook

Facebook calls in its Oversight Board to rule on the question

Facebook has decided to ask its new, independent Oversight Board to rule on its decision to suspend Donald Trump indefinitely. The Board will be able to make a binding determination regarding Trump, telling Facebook it was right or wrong, and Facebook and Instagram will obey. Trump will be free to submit a statement to the Board within two weeks.

Though the question is specific to Trump, it will undoubtedly have larger impact as other government officials — in Germany, the EU, the UK, and most worryingly Poland — are complaining about platforms being able to take down heads of state. I am equally — no, more — worried about governments thinking they can or should compel anyone, platforms or publishers, to carry their speech.

With this move, Facebook has certainly upped the ante with its Oversight Board. The first cases selected by the Board from users and sent to it by Facebook were, well, obscure. That’s not surprising. All sides of this polygon wanted to test this new institution and see how it would work. But this — the matter of Trump v. Facebook — is the case of cases. Before the Board was fully in operation, back in June, I urged Mark Zuckerberg to call them in on the question of Trump. I’m glad they’re doing it now.

When Facebook folk told me about this move, they said the company believed it did the right thing by taking down Trump. I agree. Then why appeal to the Board? Because, they said, they recognize this is an momentous decision being made inside a private enterprise and they understand the need for more perspective and accountability. Said Facebook’s VP for policy and communication (and former deputy prime minister of the UK) Nick Clegg:

Our decision to suspend then-President Trump’s access was taken in extraordinary circumstances: a U.S. President actively fomenting a violent insurrection designed to thwart the peaceful transition of power; five people killed; legislators fleeing the seat of democracy. This has never happened before – and we hope it will never happen again. It was an unprecedented set of events which called for unprecedented action.

In making our decision, our first priority was to assist in the peaceful transfer…