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Donald Trump was banned from Facebook after his supporters stormed the Capitol. Now the company’s CEO, Mark Zuckerberg, is outsourcing the decision on whether the former president will stay that way. 

Facebook announced Thursday that its “Oversight Board” would make the final call on whether Trump’s suspension from Facebook will be lifted or become permanent. It was originally slated to last through the inauguration of President Joe Biden. 

Until the Board gets around to deliberating the case, Trump’s account will continue to be suspended.

The Oversight Board is an independent body that reviews Facebook’s content moderation decisions when users appeal them. Facebook first announced the creation of the board in 2018, introduced appointees in mid 2020, and revealed the first cases it would take in December 2020. Appointees have impressive resumes (one is a Nobel Prize winner) and have varied ideological viewpoints. 

Independent oversight of Facebook is probably a good thing. But it’s not clear how binding the board’s decisions are. The charter states that Facebook will act on the board’s rulings if they are “technically and operationally feasible.”

Facebook’s creation of the Oversight Board was partly a response to the bad faith and baseless criticism that it “censors conservative voices.” The board will take some of the heat over what it decides, giving Zuckerberg political cover. All without Facebook having to change its platform in any meaningful way.

Perhaps an international body of scholars, experts, and even the former prime minister of Denmark is more qualified than a tech CEO to decide whether Trump deserves to return to Facebook. Either way, Trump’s fate is in their hands, not Mark Zuckerberg’s. Which is just fine with Zuck.

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