When Big Tech and Small Business Collide: Burdett and Son Battles with Instagram Censorship

Article By: James McKissick, Staff Writer | BCS Chronicle

What You Need To Know:

• Burdett and Son Outdoor Adventure Shop has served the BCS area for nearly 40 years.

• Instagram has recently removed two of Burdett and Son’s Instagram accounts, leaving the owners searching for answers.

• Because social media has become so integral to society, over-moderation of content has led to ethical questions as well as claims that platforms are restricting free speech.

• Burdett and Son plans to keep their social media accounts running as long as they can, despite previous account removals.

Located off Texas Avenue across from the lush green landscape of Texas A&M’s campus golf course, sits Burdett and Son Outdoor Adventure Shop. A College Station staple, Burdett and Son has supplied the Brazos Valley’s outdoor adventure needs for nearly 40 years. Started by Dave Burdett in 1982, the store has stayed in the family and is now run by Barry and Sarah Burdett, Dave’s son and daughter-in-law.

While many recognize Burdett and Son from their prominent storefront signage in the Eastgate district next to Torchy’s tacos, to keep up in the information age, Burdett and Son did what virtually all businesses do and initiated its social media presence in 2015 starting with Facebook, a platform that now has just under 2.8 billion users globally according to Statista. This venture into social media paid off in a big way when they uploaded a picture of a custom Cerakote coating Sarah applied to a Glock 42 handgun. The custom design featured sugar skulls reminiscent of those used in the Día de Muertos holiday. This post boosted the page from 200 followers to 25,000 almost overnight, and orders for the custom Glock came in from about 35 different states.

Stunted Growth: 5,000 Followers Gone in a Flash

A few years later, Burdett and Son decided to expand their online presence to Instagram. Within about a year the Burdett and Son Instagram page had grown to about 5,000 followers, and was shut down just as quickly as it had come up.

“[Instagram’s] biggest issue is they think that we're selling regulated goods as an individual,” said Sarah. “I even registered the account as a business, it's linked to our business website, I've uploaded our licenses to prove that we're a business, and it's linked to a Facebook business page. So it's been everything that I can do in our power to prove that we are a legitimate business and, you know, not selling and buying illegally regulated items,” she continued.

While Facebook prohibits using their platform for the sale of firearms between private parties, they do not prohibit licensed firearm retailers from using their platforms for commercial purposes. Instagram’s policy language is less explicit, simply stating that they prohibit the sale of firearms on their platform but do not ban licensed firearm retailers from displaying their inventory on their page. This lack of specificity leaves a lot of interpretation to the individual moderators at Instagram.

Sarah says that while almost all of their Instagram content gets flagged for review, 70% of the content that gets flagged ends up being allowed after requesting a review. This means that even though none of their content explicitly violates Instagram’s community guidelines, 30% of it still gets removed by the platform. Even though this wasn’t the majority of their content, the frequency in which their images were removed was enough to lead to the eventual shutdown of their first Instagram account. Burdett and Son has still been unable to get this original account reinstated. According to Sarah, after filling out a lengthy online form, they were told they would hear back within 30 days, but have yet to receive any response from Instagram.

Not to be deterred by this hurdle, they created another profile. This one grew even quicker than the last, and likewise was shut down in the same manner. Now on their third Instagram page, they’re also starting to have issues with Facebook as well, though not as overt.

“I can't figure out, because I know they're owned by the same people, what the disconnect is and why certain things are happening on one and not the other,” Sarah said, explaining that their “story” on Facebook has stopped showing up unless you click on the page. Recently, their post reach has also been limited. Always one to look on the bright side, she said she was thankful that their Facebook page hasn’t been shut down yet.

Platforms, Politics, and Policy: Questions of Free Speech Arise

Because of the way US law is worded, many argue that social media platforms shouldn’t moderate in this way. In the US, the law makes a distinction between a “publisher” and an “interactive computer service,” commonly referred to as a “platform.” Because of the editorial oversight publishers have, they are liable for what is printed within their publication, but Section 230 of the Communications Decency Act of 1996 states that interactive computer services, which operate somewhat similarly to publishers in that they offer a forum for others’ communication, are not liable for the content posted on their platform. Many, however, still tightly moderate their users’ content, including content that is not illegal. Because the use of social media has become such an integral part of public discourse, this has given rise to a number of ethical questions as well as cries for the reform of Section 230 with some even claiming that it is an abridgment of free speech.

This displeasure with the moderation of social media platforms has also prompted a litany of litigation from disgruntled users that have either been banned or suppressed by the platforms, including the likes of nonprofit organization PragerU and former Democrat presidential hopeful Tulsi Gabbard. But time and again, the federal judges presiding over these cases have reaffirmed that these platforms are private entities and have no legal obligation to host any given user’s content.

With Texas gun sales on the rise coupled with the recent passage of HB 1927, allowing permit-less handgun carry beginning September 1st, there will continue to be a high demand for firearm purchases in the Brazos Valley and all around the Lone Star State. This increase in demand will only make advertising and online marketing more vital for local businesses. The plan for Burdett and Son at this moment is to keep opening Instagram accounts as often as they need, but they are also working to actively update their website in the event that the social media well dries up. After having thrived for the past four decades in the BCS area, including three without a social media presence, they are showing no signs of letting this hinder their mission to supply the BCS area with quality products for years to come.