God bless Texas. A case the state recently won at the circuit level is almost certainly headed to the Supreme Court. The Texas law, upheld, makes it illegal for social media giants to censor, delete, or otherwise interfere with viewpoints, what is known as content discrimination. If the Supreme Court stands with the circuit court decision, that means Twitter (Facebook, YouTube, Insta, et al…) would no longer be able to blanket ban “ideas” such as the Hunter Biden laptop story, or ban users simply because of the point of view they support about vaccinations. The challenges are mighty, but the case is potentially a landmark one for free speech in the 21st century.
The story actually begins in Florida, where the state tried to enact a similar law to Texas’ to protect politicians and journalists (sidestepping the complex question of which users fall into those categories) on social media from corporate censorship. The law, as in Texas, is narrowly focused on content/viewpoint censorship, the worst kind according to Supreme Court precedent. Content discrimination seeks to outlaw speech based on the point of view it holds (“some vaccines are bad,” “Biden is a dangerous president.”) It is particularly injurious to the idea of free speech because it seeks to shut down dissent, to stifle debate, and to prevent things from even entering the marketplace of ideas. The cure for bad speech is more free speech not censorship, the Court has long held, and what social media companies are doing at present is just the opposite. How can an idea be debated if one side is blocked?
The 11th Circuit Court struck down the Florida law, specifically stating tech companies’ moderation decisions are protected by the First Amendment. This is in line with the social media giants’ argument they are best seen as a kind of newspaper, and newspapers of course have editors who decide all the time what articles get printed and which are left in the trash. The 11th Circuit said these decision themselves are protected speech; “we conclude that social media platforms’ content-moderation activities — permitting, removing, prioritizing, and deprioritizing users and posts — constitute ‘speech’ within the meaning of the First Amendment.” Those rights to edit/censor precede any rights owed to the content itself.
And it does not matter if social media qualifies as a common carrier (as Florida claimed) or not. The 11th Circuit in Florida would have nothing of it, saying “Neither law nor logic recognizes government authority to strip an entity of its First Amendment rights merely by labeling it a common carrier.”
As background, the uber-reason the First Amendment does not apply already to social media is of course that it is not run by the government and thus falls outside the 1A; only the government can formally “censor” and only the government is restrained by the 1A from interfering with free speech. Private companies may do what they like, and so when on Facebook you scrolled through and clicked “Accept” to the Terms of Service you circumvented the Constitution.
Common carriers on the other hand are entities in this instance that provide wired and wireless communication services to the general public, like the phone company. Because they are available to anyone to use, the law has long held they are subject to government regulation (something similar separates highly regulated over-the-air broadcast networks from paid cable services, which is why Bill Mahr can cuss on his show and Lester Holt cannot.) Texas law holds Twitter, et al, are akin enough to the phone company that they are subject to government regulation, i.e., a new law that prohibits Twitter from censoring content. No one would stand for a phone company, for example, that kicked users off its platform because they used dirty words in a phone call, or supported one candidate over another (Justice Clarence Thomas has written on the similarities between social media platforms and the phone company.) This side steps the 1A’s limit to government. It is not a new argument and was also made in the Florida law, but…
Texas had its law heard by the more conservative 5th Circuit Court, which among other things reacted more strongly to the concern over viewpoint discrimination, and preserving that marketplace of ideas. “To the extent it [the Texas law] chills anything, it chills censorship,” the court’s opinion reads, emphasis in the original. The section of the Texas law at issue, it continues, “might make censors think twice before removing speech from the Platforms in a viewpoint-discriminatory manner.”
The opinion goes on to say: “We reject the Platforms’ attempt to extract a freewheeling censorship right from the Constitution’s free speech guarantee. The Platforms are not newspapers. Their censorship is not speech. They’re not entitled to preenforcement facial relief. And HB 20 [the Texas law] is constitutional because it neither compels nor obstructs the Platforms’ own speech in any way.” The idea is to compel platforms not to post or delete specific speech per se, but to allow speech.
The 5th Circuit opinion further does away with the argument social media Platforms are like newspapers with their editors. The court explains newspaper editors decide what to include given limited space; Platforms do the opposite, determining only what to not include despite unlimited space. Platforms cannot cite the 1A to grant themselves unqualified license to invalidate laws that hinder them from censoring speech they don’t like, and the censorship of broad ideas (ex. anti-vax) is not the exercise of editorial judgement.
As for the Texas law upheld, it seeks the following: A social media platform may not censor a user, a user’s expression, or a user’s ability to receive the expression of another person based on 1) the viewpoint of the user or another person; 2) the viewpoint represented in the user’s expression or another person’s expression; or 3) a user’s geographic location in this state or any part of this state.
The last point grows out of concern Facebook might block opinions within Texas by region to influence election results. It might be expanded nationally to ensure conservative voices from Texas have as much access to the platform as liberal voices from California as polls are still open across America. The main points of the argument drive home the idea that the stifling of speech in any venue has a deleterious effect on democracy, and that the expression of outrageous ideas should be controlled by the understanding of the audience (“other ideas”), not by corporate intermediaries panicked their platform is being abused by lunatics, Russians, or people they just disagree with.
So where do things stand? The Supreme Court in an emergency declaration has stayed the Texas law given how the Florida law was rejected by the 11th Circuit and then approved for Texas by the 5th Circuit. It is almost certain both cases will be appealed to the Supreme Court, which will combine them, for the final word in whether or not social media can practice viewpoint discrimination. Given the role of social media and its reach into American society, and the polarized opinions on how it should work, it is not beyond possible that the Court’s decision in this future case will stand alongside the other giant First Amendment struggles in determining how Americans may speak to one another in the marketplace of ideas.
Even a negative Supreme Court decision may not be the end of the issue. Almost Candidate Donald Trump said at a rally in Ohio in support of GOP midterm congressional candidates “Another one of our highest priorities under Republican Congress will be to stop left-wing censorship and to restore free speech in America, which we do not have.” There are already 100 bills in state legislatures aimed at regulating social media content moderation policies. There is no question instances like the Hunter Biden laptop incident, and purges of conservative commentators (to include Donald Trump) have driven much of the need to control content moderation which spills over into viewpoint discrimination. This is shameful enough.
What is truly shameful, however, is how progressive voices now relishing the power to censor because the most popular platforms follow their wishes cannot see how quickly things could change and the censor’s aim be redirected at them. In a little-known 2018 case, a lawyer for Twitter even told a judge the company had the right to censor black people and other protected groups. “Does Twitter have the right to take somebody off its platform if it does so because it doesn’t like the fact that the person is a woman? Or gay?” a judge asked a lawyer for the company. “The First Amendment would give Twitter the right,” the lawyer replied.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Nothing would be better than for Elon Musk to buy Twitter and then kill it. Take it off line. Delete it. Make it go away.
What is the point anymore? Like some aged European monarchy, the service has become too inbred to say anything useful. It consists now as a giant push survey, claiming the appearance of action equals action. Even the poltergeist of Twitter, cancelation of people, is like a magic spell that you have to believe in for it to work. Live outside the Twitter demographic and it does not matter. Listening to people talk, you’d think Twitter had the power to raise the dead, or more often, the opposite. Twitter is the physical embodiment of what Glenn Greenwald describes as Democrats criminalizing opposition to their party and ideology. Dissenting ideas are “disinformation” and must be censored. Trump voters are inherently criminal (“insurrectionists”) and should be imprisoned or at least banished for thought crimes.
Recently rewatching Michael Moore’s Fahrenheit 11/9, it is obvious the 2018 film is mainly a screed about all the bad things Trump was going to do as president. Time is a cold witch of a mistress: basically nothing Moore predicted four years ago about what was going to happen actually happened. Moore was wrong about Trump’s ties to Russia, Moore was wrong about Trump being the last elected president because he would seize total power, and Moore was wrong about the lasting impact of the progressive Twitter heroes of the year, the Parkland High School survivors.
You do remember the mass shooting in a Parkland, Florida high school, right? A handful of “survivors” were insta-made into social media sensations by presenting their views on gun control unopposed and uncommented on. In his film Moore portrayed the kids were examples of an anti-Trump force sent by the universe to Tweet as a balancing mechanism, and that the power of their online activism was America’s only chance to remain a democracy free of daily massacres. You can’t do justice to the hyperbole of Moore’s narration in print; you would think by listening these kids had the power to change something simply by amassing RTs on Twitter. A good chunk of the movie is just Moore staring at the kids changing everything fascistic in the world by being online, the filmmaker’s expression somewhere between pedophile on the playground fence and a proud dad.
One can imagine Moore’s reaction if he was still relevant enough to quote to Musk’s impending takeover of Twitter as a twist on the absurd: Musk will have too much power to make Twitter into anything he wants, even a full-on bastion of unfettered speech. Instead of relaying on the Terms of Service to ensure people like the Parkland Kids face no opposition online, Moore might worry just the opposite, that the opposition, left to its own point making, might overwhelm the dumbass ideas that tend to come from 16-year-olds handed a very big microphone with no supervision. For those new here, that is the point, to allow better ideas to overwhelm poor ideas.
Have a look at what Twitter had done in the name of “free speech” and ending “misinformation,” the rallying cries now of so-called progressives. Twitter took an entire subject of critical interest, Hunter Biden, off the media menu and thus out of public viewing just prior to the last presidential election. Twitter silenced the loudest voices of opposition to the Democrats, people like Donald Trump himself and others like Alex Jones and Marjorie Taylor Greene. Call them what you want to, the idea in a free country is you’d have the opportunity to hear what they had to say if you wished to or maybe encounter speech that made you rethink your own views by accident (protip: that’s a cornerstone of Jeffersonian democracy, oh wait, Jefferson is on the outs now, too, sorry.)
Twitter also found cause to black out the satire site Babylon Bee and Libs of TikTok. The Bee’s violation? Naming transperson Rachel Levine its “Man of the Year.” Libs of TikTok only reposted clips from left-wing users on social media, including from drag queens and gay and transgender activists but that too was too much. Things got so stupid that Trump Derangement Post Child Robert Reich in his role as the Rob Reiner of faux-intellectuals tweeted, “When multi-billionaires take control of our most vital platforms for communication, it’s not a win for free speech. It’s a win for oligarchy.”
“We are calling for careful content moderation that balances the important ideals of democracy, free expression, and public health and safety,” said Jessica González, co-CEO of Free Press, a media advocacy organization. Imagine that, a group which says its supports a free press demanding censorship. But why pull punches — Politico wonders “If Musk sticks with his word and removes most of the content moderation rules in place, which could include those that ban hate speech, extremism and vaccine and election misinformation — it may turn into a platform that poses a threat to democracy.”
Irony aside, look what they are afraid of: unfettered free speech brought to you by one of the few men rich enough to pay for it for us.
And that’s why Musk should instead kill off Twitter, and any other social media he can acquire. His legacy would not be to be the oligarch who gave us a smatter of free speech but the oligarch that helped break the grip oligarchs, whether progressive or otherwise, now have on our speech. Burn Twitter to the ground to save it, er, us, from any attempts to adjudicate further what we can read and listen to. If a social media outlet can’t present a democratic platform in a democratic way (i.e., without a rich guy paying our way to freedom like an abolitionists buying slaves only to set them loose) then we should not want it. We’ve gone too far in turning “content moderation” into crude censorship and viewpoint discrimination.
Public forums need to just that, public. You do not achieve free speech via censorship no matter who wields the red pencil. Musk can’t change that we’ve reached a point in democracy’s evolution where some half of us fear free speech, but there it is. His contribution is to kill the beast that Twitter has become, and hope something more democratic rises in its place.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Spotify once took a run at Joe Rogan. YouTube banned Dan Bongino. Twitter permanently suspended Marjorie Taylor Greene. Twitter also famously canceled Donald Trump, and me.
As with the suspension of Trump (and on a much, much lesser scale, me) progressives cheered the deplatformings the way public lynchings used to attract a picnicking crowd. Progressives control social media (as well as most MSM) and so day-by-day their unreal world becomes ethically more cleansed, more free of things they do not like, and with all the bad news (Hunter Biden) made to go away. The world online is the way they want it to be, with the real world held at bay behind the screen. Like living in The Villages in Florida, or maybe in the Matrix.
It is very much the same for what we’ll call social media 3-D, things like renaming high schools or tearing down statues. Those acts are the equivalent of tweets. Nothing changes because of them, but everyone feels more righteous. Might as well send the 45 cents a day to one of those TV charities and think you are solving hunger in Africa. Or posting on Facebook something saying everyone should get vaccinated, or when gays were still performing well as victims, changing your photo to a rainbow flag.
You see it also in the blurred lines between fiction and reality. A touchpoint for understanding Trump was the dismal novel Handmaiden’s Tale. Black empowerment? Wakanda. Economic equality is fictionalized by replacing every white person in a TV commercial with a black actor, and every other Hallmark romance with a same-sex couple. Same thing when our society over-celebrates the first transgender Jeopardy! winner, or another children’s book where the cuddly caterpillar who does good deeds is nonbinary. NYC’s Shakespeare in the Park this year featured Richard III with the lead played by a black woman, no doubt as some imagine the Bard secretly intended.
But this detachment from reality, the appearance of action instead of action, is why progressives continue to have to “raise awareness” for the same old things over and over. In the end, nothing that happens online matters. Online is just propaganda of unknown real-world effectiveness. The left celebrates the deplatforming as ending Marjorie Taylor Greene, forgetting she is still a sitting Congresswoman. Votes count, “likes” do not. Joe Rogan talks to 11 million people a week; Neil Young, his one-time media nemesis, not so many.
The danger of all this, as each purple haired undergrad eventually bumps into the real world and realizes they/them have been played, is it creates learned helplessness at a time when America indeed faces real problems. But I tweeted about that! I posted “I stand with ____” memes for a week! I liked Dr. Fauci’s Insta! And yet you still got the Covid, huh, bro? It’s why we regularly end up with “cosmetically diverse” institutions, rather than anything real that leads to broad social progress.
How does learned helplessness manifest itself? We might ask why with all the emphasis on change and democracy hanging by a thread, even the most contested elections are lucky to lure half the electorate away from their screens long enough to vote. Behind the smokescreen of claims Republicans are trying to disenfranchise black voters lies the reality that the Democrats have never found a way to get their favored voters off the couch to do the one thing that might still matter. I have voted in every election I was eligible for over the last 55 years. I even voted from inside an actual war, writing off for an absentee ballot. I show my ID (and until recently, vax card) to enter a restaurant; it’s not a big hurdle at the voting booth. If the whole voting thing is not yet clear, think on the difference between the purposeless extremism of pink pussy hat cosplay versus sending three judges to the Supreme Court.
Disreality and learned helplessness are at the heart of progressivism, an oddly self-defeating stance. If one accepts the teachings of the 1619 Project and its armed wing, BLM, blacks have been the passive victims of white racism for over 400 years, a racism which has successfully resisted the Civil War and the end of slavery, Constitutional amendments, the Civil Rights Acts, and Barack Obama. The message is pretty clear: black people can’t win. That’s supposed to inspire something? What would happen with less virtue signaling inside a closed loop and more helping people who actually need help?
Same for the Democratic election strategy of pre-declaring all upcoming elections unfair if the other side wins. Pick your channel: the Repubs will miscount the votes, or America’s proportional representation system means one man’s vote does not count because Wyoming has two senators, or the electoral college negates the make-believe victory standard of popular vote. The end result is why bother to vote when some outside thing means your vote will not count anyway. It seems an odd way to drive a party.
We’re in a world now where being a survivor of something and telling strangers about your trauma is a way of life. I confess a naughty pleasure in reading Huffington Post Personal stories. Most of these are anecdotal tales of victimhood, the conclusion of which is usually that life is unfair and there is not much you can do about it besides make crap on Etsy to “honor” other victims. One recent story was about how moving to Britain for free medical care turned out to be unfair because the writer’s transpartner could not get testosterone shots simply based on his declared identity. Lousy NHS! Another was about how Dry January was unfair to people in forever recovery. Lousy non-drinkers! One about a progressive woman who infiltrates a right-wing mom’s group manages to cover both personal victimhood (she felt unsafe there with her, ‘natch, self-diagnosed special needs child) and the end of democracy. The scale changes but the endpoint remains the same: all victims of unfair systems and the best we can do is whine about it on our segregated social media. It is like getting stuck in a elevator with Greta Thunberg.
I’m not sure how you fix a country being distorted by learned helplessness, with victimhood as a virtue, and which is steadily ever more convinced the real stuff of democracy, voting, doesn’t matter. If that described a football team the game would be over before the other side even showed up. Oh, hey, sorry about the sports reference; I should have cited progressive Olympic heroes, celebrated for quitting as victims of stress instead of for their athletic accomplishments.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
After almost a four-year lifetime suspension, Elon Musk let me back on Twitter, with a new account @PeterMVanBuren, and the promise of once again being privy to the world’s opinion. I could again read the “takes” of people smart enough to have a Blue Check (I do not) including those whose points of view I usually don’t share. Here is what I learned.
Progressives are insane. They have lost their minds. They are certain every event which they do not personally support is the End of Times.
I started back on Twitter the week after Justice Alito’s draft opinion overthrowing Roe was leaked, and right away was blasted by Blue Anon stuff like “The Supreme Court is a Tool of Tyrants” or “Time for Canada to Offer Gender Asylum to American Women.” But at least those tweets started life in the actual media, where editors wiped some of the spittle away. Tip to Elon: never mind banning people on Twitter, shut down MSDNC, et al. We’ll be fine without their hemophilia of journalism.
But when I write the collective “we” I must exclude the once-sentient Lawrence Tribe (@tribelaw) who could not be more sure of himself if he saw the code behind the Matrix. He tweeted: “Three-fifths of the Supreme Court justices who joined that Alito abomination were nominated by a serial abuser of women, Donald Trump, who lost the popular vote to Hillary Clinton by 2.9 million votes and were confirmed by Senators representing a minority of the U.S. population.” The Founders must have been drunk when they wrote Article I!
Tribe speaks for his generation, which at least on Twitter has a longing for Hillary that would border further on the creepy only if they started posting Photoshopped images of her in a Princess Leia bikini. Many Twitter celebrities re-cycle memes along the lines of “What if she’d won?” with some clever image of Mrs. Clinton smirking that “I told you so” look that so endeared her to non-deplorable people. She is the behind-the-scenes smiter of Trump in one wrinkled body.
There was no actual Tweet saying President Hillary would have raised Ruth Bader Ginsberg from the dead and reappointed her to the court, but it was implied. David Weissman (@davidmweissman) felt the need to write “Since the Clintons are trending, I will say that after learning the truth about Hillary Clinton and seeing how right she was about everything, I stood with her. Even a few years later, I continue standing with the Clinton family.” Mollie Katzen (@MollieKatzen) “Imagine where we’d be now had more people listened to Anita Hill, Hillary Clinton, and Christine Blasey Ford.”
To be honest, I had to look up that last name. Ford was the woman who testified a clothed Brett Kavanaugh laid on top of her in 1982 and would then go all Handmaiden’s Tale on the Supreme Court because she could just tell. As you read these Tweets, patterns like that emerge. If a handy glossary existed for conservatives, it would include sketch bios of Ford, RGB, and that one woman artist with the unibrow, and entries for popular vote, electoral college (why sucks) and fan fiction about a 45 member Supreme Court to help understand what all the Tweets are about. some topics, like Michael Cohen, need their own glossary for terms like fixer, Fredo, and consigliere.
But things only got worse, much worse, when I got deeper into the personal Twitter accounts of the Blue Checks (the term sounds like a Dr. Who villainous force,) the places where they usually slither about without an editor and say what they really think. What they really think is that America is almost cooked and done. They imagine we just barely survived the Trump years without putting Beelzebub on our coins, and face the likely prospect of Candidate Trump returning to the White House with the anticipation of a colonoscopy done by a doctor nicknamed “knuckles.” Look:
Heidi Przybyla (@HeidiNBC) “Are we up to democracy? …I worry we are entering the darkest period.”
Malcolm Nance (@MalcolmNance) “WARNING: 62 days before 1/6 I warned that Trump would start a political/paramilitary insurgency to seize American democracy. It has begun.”
Rob Reiner (@robreiner) “The reason Republican lawmakers are refusing to cooperate with the Jan. 6 Committee couldn’t be more obvious. They were part of the Seditious Conspiracy to violently overthrow the Government. Period.”
Progressives seem to have their own vocabulary, things like ending an emphatic Tweet with Period. End of Matter. Full stop. They like to say they are standing with someone or something a lot. The only historical events they know are Munich, the Reichstag fire, and Weimer.
Tweetmaster Reiner later managed to get three issues into one Tweet (economy of prose is prized on Twitter and when shouting on a street corner wearing only a shower curtain) saying “There is only one way to save a woman’s right to choose, our Democracy, and our Planet. Vote for Democrats.” He also wrote “You cannot reason with a Trump supporter. They believe a Lying Criminal who doesn’t give a flying f*** about them was sent to them by God. Don’t try to reason. Just Vote. Vote like our Democracy depends on it. Because it does. It couldn’t be more simple. A vote for Republicans is a vote to destroy Democracy.”
But how will Trump pull this off? His last coup resulted in exactly nothing happening except him breaking up with Mike Pence right before prom. Twitter knows:
Ruth Ben-Ghiat (@ruthbenghiat) “I’ve been warning Americans for months that the GOP is replenishing its political ranks with criminals who have the skill set and character to support autocratic rule. Fascists in Italy and Germany brought thugs and murderers into party and state bureaucracy.” Kyle Griffin (@kylegriffin1) has the nuts and bolts figured out “Republicans in Michigan have replaced election officials who certified Joe Biden’s win.” Anyway, you heard it here first, says Mehdi Hasan (@mehdirhasan) “If (when?) Trump steals or tries to steal the 2024 election, don’t say we weren’t given plenty of advance warning that it was coming.”
Spending time on Twitter convinces you journalism today is basically cramped somewhere between bad opinion making and simple propaganda. It mostly fails the most basic test of being interesting. That should finish it off as a profession in a couple of years, and we can all watch it slide into the sea on Twitter.
And then out of nowhere came a moment of clarity from none other than CNN’s master journo Jim Acosta (@Acosta) who for no reason whatsoever felt the need to write “Ran into an Afghan refugee in the elevator today. He was delivering groceries. Didn’t know which buttons to push so I helped. Must have been new. As he got off the elevator, he thanked me and said ‘I am Afghan.’ I said good luck and welcome to America. He smiled. He’s on his way.” So there’s that. Bill Kristol tweeting for blood in what he hopes is the Google dialect of Ukrainian was a close second.
Four years for me without Twitter was a long time. I am glad I am back, and feel smarter already because all of the Tweets above came in only one afternoon. Twitter is once again my guide, and I look forward to sniffing some old airplane glue and joining in.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Dear Elon:
Big fan. I cheered to finally see an African-American like yourself rising to the top, owning one of America’s largest media companies, Twitter. I’m also a big fan of free speech, which is why I am writing to you to ask that my lifetime ban on Twitter be rescinded.
See in August 2018, Twitter banned me for life for a tweet which “harasses, intimidates, or uses fear to silence someone else’s voice.” I was on Twitter telling some journalists they had allowed the government to lie to them about the Iraq war. I said I once worked for the U.S. State Department, and I was one of the ones who lied to them. It was actually part of my job to lie to them, to give them the false impression our reconstruction programs in Iraq were coming along just nicely. I could name several journalists I lied to directly but what’s the point in that? They all still have jobs and Twitter accounts and it’s not exactly a secret what they wrote about the reconstruction programs was false and wrong. I told the truth on Twitter and lost my account.
The truth is one night on Twitter I was explaining about my lies, a kind of atonement, and several journalists ganged up on me to begin criticizing my writing and the work that I have done as a journalist since leaving the government. It was all kind of rude (one said I was a “garbage human being” and another claimed I was a Russian stooge) but within the schoolyard boundaries of the scrappier side of Twitter.
It never occurred to me to report them for harassment or bullying. I happened to have the television on with the Walking Dead playing in the background and I cranked off a tweet, as many of us do, that I’m not particularly proud of. I said to one of the pack “I hope a MAGA zombie eats your face.” You can read all my offending tweets here. Within about five minutes of posting I was given a lifetime ban on Twitter. It says on my Wikipedia page by someone who continually hacks it, that I was removed from Twitter for threatening someone or something along those lines.
Anyway I can’t help but thinking my real lifetime ban had something to do with the fact that I had previously promoted free-speech without boundaries on Twitter and other social media. Yes, yes, I’m aware the First Amendment does not cover social media, that these are private companies, but like you I believe they play such an enormous role in the tapestry of our speech that they deserve the protections of the 1A. I understand Jefferson and Madison wrote the Bill of Rights long before the Internet, and think they would be on board with expanding the 1A to companies that have grown to be more powerful censors than the government ever could be. BTW, that’s U now, LOL.
I hasten to add that there is no such thing as MAGA zombies and so my tweeted threat to have one of them eat someone’s face was actually a bit of a jest. You see since there are no zombies the threat was not real, sarcasm at worst, and so I’m hoping that you can forgive me where are your predecessor @jack was unable to do so. He never even answered my inquiries.
To be fully honest, what bothers me is not the scolding per se, or (most of the time) the inability to tweet. Yeah, I know, it can be a big time sink. I think the thing that bugs me is I feel I was rounded up and sent off because I wrote true things, albeit critical things, about the media on what they consider their turf, your new acquisition, Twitter. I obviously meant no one harm with the silly zombie remark, but it was used as a very thin excuse to send me down the Memory Hole (you remember, from Orwell’s 1984, a place where facts and ideas could be disappeared in service to the powers that be.)
My cancellation took place late on a Friday night, which leads me to wonder how the journalist I was engaging got through to Twitter’s censoring staff so quickly. I certainly don’t have that access. It felt kind of more like a set up than a gatekeeper protecting someone against whatever hate speech is (and you know there is no such crime as hate speech, and whatever people insist on calling “hate speech,” including things like the N-word, is fully protected by the First Amendment.) So what’s up with the lifetime ban for one tweet? It seems pretty heavy. That’s the kind of thing I have in mind when I say it did not feel fair.
I don’t think anyone needs protecting from my ideas, but I guess I can figure out why they’d be frightening to charlatans, pols, and grifters. That’s why I guess a journalist whose livelihood depends on the 1A wrote to you “for democracy to survive, we need more content moderation, not less.” Robert Reich, veteran of the Clinton and Obama administrations, argued you’re putting us on a fast track to fascism. He thinks an uncontrolled Internet is “the dream of every dictator, strongman, demagogue and modern-day robber baron.” On of your other critics nearly exceeded Twitter’s character limit writing “Today on Twitter feels like the last evening in a Berlin nightclub at the twilight of Weimar Germany.” While I am not fully comfortable with billionaires deciding the fate of free speech, they’re downright terrified of you, Elon. If you want to scare them more, reinstating me (and yeah, Trump, too) would be excellent for that purpose.
It’s funny/not funny because I have experienced their version of the Internet. When I was in Iran, the government there blocked Twitter and many other sites, effectively deciding for an entire nation what they cannot read. In America, Twitter decides for an entire nation what they cannot read. It matters little whose hand is on the switch: government or corporate, the end result is the same. This is the America I always feared I’d see, where Americans not just tolerate, but demand censorship.
Now if you really want to shake things up (you’re that kinda guy, right?) just flat-out acknowledge the interplay between the First Amendment and corporations like your Twitter is the most significant challenge to free speech in our lifetimes. Pretending a corporation with the reach to influence elections is just another place that sells stuff is to pretend the role of debate in a free society is outdated. The arrival of global technology controlled by mega-corporations brought first the ability the control speech and soon after the willingness. The rules are their, er, your rules, and so we see the permanent banning of a president for whom some 70 million Americans voted from tweeting to his 88 million followers (ironically the courts earlier claimed it was unconstitutional for the president to block those who wanted to follow him.) Then there was that game-changing ban on news about Hunter Biden just ahead of the election. Let someone take Twitter to the Supreme Court and see if they’ll extend the 1A in some form to the new public square. The ability of a handful of people nobody voted for to control the mass of public discourse has never been clearer. It represents a stunning centralization of power.
Speech in America is an inalienable right, and runs as deep into our free society as any idea can. Thomas Jefferson wrote it flowed directly from his idea of a Creator, which we understand today as less that free speech is heaven-sent so much as it is something that exists above government. And so the argument the First Amendment applies only to the government and not to private platforms like Twitter is both true and irrelevant—and the latter is more important.
So Elon, thank you very much for your consideration. I realize as a billionaire super villain you have many things on your mind but I hope you find time to at least delegate this to someone in hopes that they could reinstate me to Twitter to prove a point. The old Twitter sold censorship as a product, a dissent-free zone for libs. You can do something important freeing ideas, and I’d like to be a part of that.
Love, Peter
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Are you the kind of guy (or gal!) who likes to do things for yourself? You know, like not leave the fighting to soldiers but doing your part for Ukraine by paying higher gas prices? You and your president are already working hand-in-hand, making empty gestures that do nothing to affect things in real life. Why not step it up and give America’s war-weary journalists a break, too? Not all of us can travel to the Ukraine to be photographed in front of a burning tank (Russia Losses Grow) or children playing with matches (Young Ukrainians Make Molotovs for Freedom.) So why not write your own Ukrainian news article? We will show you how.
Rule One is truth is irrelevant. You’re taking a side. And don’t worry if the Ukraine story has jumped the shark by the time you read this. The basics of modern journalism — false basis, exhausting duration, and an inscrutable villian, anything from one man (Putin) to a thing (the virus) to an idea (terrorism) — never change. Teach a man to fish, amiright?
You start with what our “journo” community calls a lede. It is just an opening paragraph, the more dramatic the better. Try “Democracy is at stake, but Ukrainians have its back.” You can go the other way, something in the generic Russia is bad category like “Pure evil Russian conscripts destroy puppies for fun.” If you’re a history buff, try “New fascist Nazis roll across eastern Europe.” It does not matter that it was the Russians rolling west in 1945 that actually destroyed fascism, it just has to evoke all the feels. Ledes used to summarize the story. Now, they just deliver a shock and food pellet. Think of it as Insta in b&w words.
Next, you have your Putin paragraph. Americans are pretty stupid, and certainly cannot understand that as with their own country, other nations have strategic objectives. Americans like to either believe wars are fought for moral reasons (the ones we start) or are the result of some evil madman (the ones they start.) This is called storyfication. So don’t write boring things about NATO expansion or buffer zones — yawn much? Instead, reduce the geo-political calculations of the world’s largest country to the egotistic whims of one man. For the most part you can just call him by the one name, like Bono, Madonna or Elvis.
The important thing is to describe Putin as insane, unpredictable, bonkers, out of control, psychopathic, sociopathic, an enigma, a madman or unhinged. If you run out of ideas, Google old articles about Saddam, Assad, Qaddafi, any Iranian mullah or Kim Jung Un for ideas. Say no one understands him or his motives then go on to psychoanalyze him as if you do as a friendless, desperate loner intent on cosplaying the former Soviet Czarist glory empire. Make death threats, and go for it invoking Qaddafi’s still-celebrated, pointed demise. You can also make homophobic jokes to your heart’s content, the kind of stuff woke culture places off limits everywhere. If you have the stomach for it, Google “trump putin porn” to get started. Tell your shocked IT guy it is for work, thank you. If he say he has to report you to HR, scream “1A, witch!”
Next, do exactly the same thing but in the opposite way for the Ukrainian president. Picture him shirtless astride an aroused unicorn. Use pseudo-Shakespearean words like honor, bravery, and generosity. In the same way you could go full homophobe on Putin, you must suggest everyone in America wants to make warm love with Zelensky, maybe astride a unicorn. But do not for the love of all things holy Google “Zelensky porn” for inspiration. Even the 1A can’t save you there.
Include a line saying Donald Trump started the war. Check your contract; most editors require this, but even if not, it is a best practice to include it. You should at this point have four or five solid paragraphs of emotion-eliciting journalism, all without any context or actual information on what is going on in Ukraine. If you’re writing for television or VICE, you’re done. Good work. However, if you are writing long form you’ll need some more.
You can branch off in two ways. One is a dramatic ode to democracy. The other is where you take all those analytic skills you developed as an on-line virologist these past two years and apply them to being an on-line military expert.
The first branch is the easiest, because no one believes in talking dramatically about democracy more than Americans. Tall about redlines, say this is a 1939 moment, invoke the Founders to characterize Zelensky, call everything a turning point or existential threat or a test of resolve, it doesn’t matter. It can get hard to tell from photos who is who as both sides use the same rusty Soviet hardware, so apply this guide: if the tank is moving it is Russian enroute to shell an orphanage; if the tank is stopped it is Russian bogged down due to lack of fuel, Chinese tires, incompetent leadership, or conscript moral. Remember Russians showing photos of captured Ukrainians is a Geneva Convention war crime while Ukrainians kneecapping bound Russian prisoners is a morale booster, albeit unconfirmed. Be sure to use alternative spellings like Kyiv not Kiev to virtue signal. Every little step counts towards victory!
A few miscellaneous points: Russians earning more than minimum wage are oligarchs. People who disagree with you are Putin lovers and you should ask them online if they’re paid in rubles (never gets old.) Every article must mention social media but don’t bother with sentences, just write social media social media social media. Underage Ukrainians holding rifles bigger than themselves are not child soldiers. A movie star with a political opinion on Twitter is just as quotable as an expert as anyone else on Twitter.
The same cosplaying rednecks in camo body armor you called white supremacists at a MAGA rally are now heroes if they say they’re headed to Ukraine. Putin censors, YouTube removes misinformation. The EU not joining the US in oil sanctions is a “united front.” Your not being able to log on to Facebook is a Russian cyberattack. The official name for the Russian currency is “yacht.” And remember cluster bombing civilians is not always bad — can’t you tell the difference between ousting an evil dictator and invading a neighbor?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
You hear? The emails on Hunter Biden’s laptop are real. No less than the New York Times, the official MSM newspaper of the MSM, agrees. Actually, the FBI agreed first, as they’re in the middle of an ongoing criminal investigation into Hunter’s business and tax activities based on the contents of the laptop. Despite massive coverage of the emails in the non-MSM, it was only the FBI’s use of the laptop which finally forced the Times to admit to this year what it said was bull last year. Politico, based on a book by one of its own writers, now, too, admits the emails are real, not Russian disinformation.
Now that we all agree the emails are real, and we can talk about them in polite company, what’s the big deal? Is this just another case of “buh buh her emails!!!”
Well, yes, sort of. As the media went full-spectrum to hide, diminish, downplay, and muddle the story about Hillary Clinton’s emails, so did they do the same with Hunter’s. In Clinton’s case, knowledgeable people, experts in government classification, were forced to endure months of “news” speculating on whether the Secretary of State’s official correspondence might contain something classified, or about whether running one’s own unsecured email server for official business was some sort of legal violation, and then questions about whether deleting 30,000 pieces of potential evidence was “okay.” Despite failing to kill the story (Hillary’s shifting excuses gave it new life at each turn) the media softened its edges enough that when then-FBI Director James Comey disingenuously proclaimed Hillary innocent the public was ready to move on.
In Hunter’s case the emails were buried, not merely diminished, as the MSM came to better understand its super powers. The hallmark was the interplay among the American intelligence services and the MSM, working for the Democratic Party. That interplay, awkward in 2016 with Comey at center stage, matured in 2020. As the NY Post and others broke the story that a laptop full of Hunter Biden’s files indicated a potential pay-for-play scenario involving then-candidate Joe Biden just ahead of the presidential election, almost in real time more than 50 former senior intelligence officials signed a letter claiming the emails “have all the classic earmarks of a Russian information operation.” With absolutely no evidence, the signers said their national security experience made them “deeply suspicious that the Russian government played a significant role in this case.” “If we are right,” they added, “this is Russia trying to influence how Americans vote in this election, and we believe strongly that Americans need to be aware of this.”
The letter was evil brilliance in that it played off earlier prejudices, from 2016, that the Russians sought to manipulate American elections. In fact, most of the key signatories — James Clapper and John Brennan among them — had played key roles in misdirecting public opinion around the DNC server hack and later the whole of Russiagate. In the hands of the MSM the meme quickly morphed into “the laptop is fake,” a parallel to “but her emails!!!”
Something new was introduced, however, the active blocking of information from a large number of Americans. With the letter as “proof” the laptop was disinformation, social media took the handoff. Twitter locked The New York Post‘s account after the Post refused to obey Twitter’s orders to delete its own reporting. Twitter also blocked all references to the laptop story by all users, even banning links to the story in DMs. Facebook announced no discussion of the issue would be allowed pending a “fact check” which never came. MSM labeled the laptop fake, social media blocked the news, and pretty much the public fell in line and voted for Joe Biden without knowing squat about what he and his son Hunter had been up to.
TAC readers were not included in this seething heap of ignorance. TAC, alongside the NY Post and many other non-MSM outlets, understood the emails were worthy of the public’s attention. In the case of TAC, we published a deep dive into the laptop’s contents online in December 2020, and a deeper dive in our print edition. NY Post readers got much of the same information even before the election. As the contents of the laptop become more widely known, it appears the intelligence community-media-Democratic Party was right to hide them before the presidential election: almost half of Americans believe Trump would have won a second term if the media had fully reported on the laptop’s revelations. Another poll showed enough people in battleground states would have changed their minds had they known about the emails to give Trump the electoral votes needed for reelection. If you’re keeping score, hiding the emails marks the second election controlled by the intelligence community-media-Democratic Party.
Given that for better or worse Joe Biden was elected, and is very unlikely to run for a second term, do Hunter’s emails still matter in 2022? Yes. The laptop still has a lot to tell us.
— The emails matter because their handling exposed (again) the way the intelligence community-media-Democratic Party manipulated your vote. You need to understand their techniques ahead of 2024.
— The emails matter because they are just the tip of the iceberg. We already know Hunter did not report much of the income revealed by the emails, and recently paid one million dollars in back taxes with Federal fraud charges pending. There is more to come which may affect who you vote for in 2024.
— The emails matter because they show Hunter did or was planning to kick in money to his father (“10 percent for the big guy,” read one email.) There was co-mingling of their finances, shared bank accounts, and covering each other’s bills, which need to be investigated. In one message, Hunter revealed he was locked out of a bank account because his father was using it. In a text, Hunter complained that he was required to give his father half of his money for some unspecified task.
— The emails matter because they are primary evidence of possibly criminal actions by Hunter that bump into Joe’s official work first as Obama’s VP and now as president. Hunter Biden had extensive deals working in Ukraine and China that conflict-of-interest laws demand to be investigated. Hunter took large sums of money from businesses in Ukraine that were part of his father’s official portfolio as vice president, and took large sums of money from Chinese shell companies with ties to the Chinese oligarchy. Hunter performed no work in return for the money. In the case of China, he appeared to launder money, taking in six figures, skimming off a percentage, then handing the remainder over to a U.S. corporate entity of the Chinese organization. That got around Chinese government currency export regulations. Only an FBI investigation will show if Joe was involved in any of the same.
— The emails matter because they were blackmail fodder, and the FBI must find out if Hunter was tapped by any foreign intelligence service when his father was VP. On the laptop was evidence of Hunter’s filthy life, actions simply screaming to a foreign intelligence service “Blackmail me!” Hunter’s laptop was chocked with video showing him smoking crack. Hunter spent money on escorts, some $21,000 on cam sites, big plays on all sorts of depravities. There was correspondence referencing Hunter’s affair with his dead brother Beau’s widow.
— The emails matter because if Supreme Court Justice Clarence Thomas’ wife’s politics may rise to the level of his impeachment, then Joe Biden’s son’s action may do so also.
— The emails matter, if you keep score this way, because they show Hunter was doing what so many can only imagine they’ll one day have proof Jared, Don, Jr., Ivanka, and Eric did.
— The emails matter because the President of the United States says they do not matter. Joe Biden’s defense is a sweeping: “My son did nothing wrong.” That makes Joe either too ignorant to hold high office, or an accomplice in a cover-up, both 25th Amendment territory. This is especially important because Joe ran on an anti-corruption platform following the Trump family escapades.
— The emails matter because they are not a smoking gun, but a multi-pronged series of leads and pointers which deserve investigation to see if there is a smoking gun. To dismiss them because they are “incomplete” is to fail to understand the difference between evidence and conclusion. And that makes you look sorta dumb shouting about it on Late Night.
Editor’s Note: Though the full text of the emails are not yet available in full online, you can read TAC’s summary, with specific examples, here.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
March 19 passed without a mention of its ghosts. The day was the 19th anniversary of Iraq War 2.0, the one about Saddam Hussein’s weapons’ of mass destruction. What have we learned over the almost two decades since?
While the actual Gotterdammerung for the new order took place just six months ago in Afghanistan, as the last American troops clambered aboard their transports, abandoning American citizens and a multi-million dollar embassy to the same fate as Saigon, Iraq is so much more the better example. The Afghan War did not begin under false pretenses as much as it began under no pretenses. Americans in 2001 would have supported carpet bombing Santa’s Workshop. Never mind we had been attacked by mostly Saudi operators, the blood letting would start in rural Afghanistan and the goal was some gumbo of revenge, stress relief, hunting down bin Laden in the wrong country, and maybe nation building, it didn’t matter.
But if Afghanistan was a pubescent teenager’s coming to the scene too quickly, Iraq was a seduction. There was no reason to invade it, so one had to be created. The Bush administration tried the generic “Saddam is pure evil” approach, a fixture of every recent American conflict. He gasses his own people (also tried later in Syria with Assad.) Saddam is looking to move on NATO ally Turkey (substitute Poland in 2022.) But none of these stuck with the American public, so a narrative was cut from whole cloth: Saddam had weapons of mass destruction, WMDs, chemical and biological, soon enough nuclear. He was a madman who Had. To. Be. Stopped.
That this was completely untrue mattered not at all. The American MSM took up the story with great energy, first as stenographers for the Bush Administration fed by public statements, and then as amplifiers of the message fed by leaks from senior officials. At the same time, dissenting voices were stifled, including a number of whistleblowers who had been working inside Iraq and knew the weapons claims were a hoax. In an age before social media, the clampdown on other ideas was near total. When their true editor-in-chief George W. Bush stood up, a mix of Ben Bradley and Lou Grant, to proclaim “you were either with us or with the terrorists,” the media stifled dissent in its ranks nearly completely.
It became obvious from the initial days of the invasion there were no WMDs, but that mattered little. The WMDs were only the excuse to start the war. Once underway, the justification changed to regime change, democratization, nation building, and then as America’s own actions spawned an indigenous terrorist movement, fighting the indigenous terrorist movement. When all that devolved into open Sunni-Shia civil was in Iraq, the justification switched to stopping the civil war we had started. It was all a farce, with the media fanning the flames, rewriting its “takes” and creating new heroes (Petraeus) to replace the old heroes they had created who had failed (all the general before Petraeus.) The NYT issued a quiet mea culpa along the way and then like a couple caught having affairs who decided to stay married anyway, vowed never to speak of this again.
That mea culpa is worth a second look in light of Ukraine 2022. The Times wrote its reporting “depended at least in part on information from a circle of Iraqi informants, defectors and exiles bent on regime change in Iraq, people whose credibility has come under increasing public debate.” In other words, sources with a goal of their own are not reliable. The Times noted that information from all sources was “insufficiently qualified or allowed to stand unchallenged. Looking back, we wish we had been more aggressive in re-examining the claims as new evidence emerged — or failed to emerge.” In other words, stenography is not good journalism. A reporter should ask questions, challenge veracity, and especially should do so as new information comes to light. The NYT also said “Articles based on dire claims tended to get prominent display, while follow-up articles that called the original ones into question were sometimes buried. In some cases, there was no follow-up at all.” The memory hole.
Those are of course Journalism 101-level errors admitted to by arguably the most prestigious newspaper in the world. It would be easier to be more generous to the NYT (and of course they are just a placeholder for all MSM who committed the same sins) if they had not gone on to purposefully repeat many of the same crimes reporting on Libya and Syria, Russiagate, the Covid crisis (“two weeks to flatten the curve”) and now, the war in Ukraine.
The big change is that while in its previous abetting of propaganda the Times, et al, took the side of the US government in supporting war, in Ukraine they are working for the Ukrainian government. Almost all of the video and imagery out of Ukraine comes from the government and those anonymous sources of 2003 have been replaced by no real sourcing at all, simply scary pictures and nameless English-speaking peasants somehow conversant in Zelensky’s own talking points.
Here’s eight seconds of a tank blowing up. Where was it shot? When? Was the explosion caused by a mine, a missile, or something internal to the tank? In most cases the media has no idea of the answers. Even if they tumble on to the basic who-what-where, the exploding tank video is devoid of context. Was that the lead tank hit, blunting the Russian advance toward a village? Or was it a Russian tank that lingered in an open field and got picked off in a lucky shot, strategically without much consequence? It is just a little jolt for the viewer. Such videos were immensely popular among terrorists in Iraq; nearly every one captured had inspirational video on his phone of a US vehicle being blown apart by a roadside IED. Now the same thing is on MSNBC for us.
Remember that stalled Russian convoy? The media stumbled on online photos of a Russian convoy some 40 miles long. Within hours those images became a story — the Russians had run out of gas just miles from Kiev, stalling their offensive. That soon led to think pieces claiming this was evidence of Russian military incompetency, corruption, and proof Ukraine would soon win. It all fit with the narrative of plucky, brave Ukrainians standing up to Putin the madman, the deranged psychopath threatening NATO and indeed democracy itself. If only the U.S. would step in an help! The whole of the American media has laid itself available to funnel the Zelensky message westward — go to war with Russia. We’re shown a photo of a destroyed building, maybe from 2016 maybe from yesterday. It soon becomes a hospital bombing by the Russians. A photo of a stationary vehicle is narrativized as the Ukrainians are capturing Russian gear. The media is once again taking whole information provided by sources with an agenda, drawing the US into this war, and reporting it uncritically and unchallenged.
Any information from the Russian side is instantly misinformation, and the pseudo-media of Twitter and Facebook not only call it fake, they make efforts to block it entirely so Americans cannot even view it long enough to make up their own minds. Pro-war journalists in America demand dissenters be investigated as foreign agents. You can’t see Facebook in Moscow and you can’t see RT in America. That’s not the equivalency a democracy should ascribe to.
As with Iraq, the goal is to present a one-sided, coordinated narrative of a complex event with the goal of dragging America into a new war. Will it work again this time?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The whole idea of boycotting Russian vodka reminds too much of “freedom fries” from Gulf War II. It seems stupid and silly until you realize we are stupid and silly and this is how we are led to war.
The tsunami of pro-Ukrainian propaganda is only matched by its transparency. The Ghost of Kiev was crafted out of an aircraft computer game. The Ukrainians on that island who would rather die than surrender surrendered. The supermodels joining the army are holding toy rifles. Zelensky is Where’s Waldo, popping up in undated video with unidentifiable backgrounds, dressed in military cosplay reminiscent of George W. Bush in his flight suit. The simplistic narrative is the same simplistic narrative: plucky freedom fighters against some evil dictator. It’s the same story of the resistance fighters in Syria against Assad, the Kurds against ISIS, the Northern Resistance, the Sunnis who joined our side, the Taliban who Ronald Reagan called the equivalent of our Founding Fathers for their fight against the Red Army.
Putin now is the most evil man on earth, unhinged, mentally unwell. Saddam once was, Assad used to be, and Quaddafi was to the point where America cheered as he was sodomized with a knife on TV. Putin is so unstable we don’t know what he’ll do. Familiar voices are raised: The Brookings Institution’s Ben Wittes demands: “Regime change: Russia.” The Council on Foreign Relations’ Richard Haass roared that “the conversation has shifted to include the possibility of desired regime change in Russia.” One headline wishfully notes “knocking Putin’s teams off the sports stage leaves him exposed to his own people.” No one seems to recall, however, our last attempt at regime change in Russia is what put Putin into power in the first place.
Putin’s goals have gone in a matter of days from sorting out Cold War borders to “the restoration of a triumphalist, imperialistic Russian identity, or another bloodstained nationalistic surge to cover for the criminality of his regime, or whether he just has come egotistically unmoored.” One former Iraqi War cheerleader tells us Ukraine, the “front line between democracy and autocracy, is a core interest of the United States… Ukraine is where the battle for democracy’s survival is most urgent. ”
Others are more direct. Rep. Adam Kinzinger, Senator Roger Wicker, and Zelensky demand a no-fly zone. They have friends; a poll as the invasion began found “52 percent of Americans see the conflict between Russia and Ukraine as a critical threat to US vital interests” with almost no partisan division. No polling on what those vital interests might be. Rep. Eric Swalwell and Rep. Ruben Gallego want all Russians deported from the US. As if preparing for war, the U.S. has already closed its embassies in Ukraine and Belarus, and placed Embassy Moscow on “Authorized Departure” status for non-emergency staff and family members. On the other end of the government, the CIA is training Ukrainians for an insurgency. You know, like with the mujahedeen in Afghanistan years ago. Lawmakers at a congressional hearing discussed having American intelligence provide more direct assistance to Ukraine, including ground operatives.
No dissent is allowed. You are either “with us or against us.” The homogeneity of our social and MSM is terrifying. Censorship is in full fury; the fact checkers are hands off even the most outrageous claims (the Ukrainians have trained cats to spot Russian laser sights) and Twitter calls out Russian sources but not pro-Ukrainian ones. Facebook and YouTube post Ukrainian propaganda made in violation of the Geneva Convention. Google News will not include anything from Russian state media. The NYT is running anonymously-sourced tales claiming the Russians are deserting or sabotaging their own vehicles. Rolling Stone is naming “the American right-wingers covering for Putin as Russia invades Ukraine,” currently Tucker Carlson, Alex Jones, J.D. Vance, and Tulsi Gabbard. The worst of all of course is Trump, whom Liz Cheney claims “aids our enemies” and whose “interests don’t seem to align with the interests of the United States.” When he proposed Congress vote on military escalations by the US in Ukraine, Senator Mike Lee was quickly called “Moscow Mike.”
If all that isn’t laying the ground work for a fight, it has been an awful lot of work for nothing.
We’ve been here before when everything was the same but not the same. Following Putin’s 2014 seizure of Crimea, and feints toward Ukraine, then-President Barack Obama said Ukraine is a core Russian interest but not an American one, so Russia will always be able to maintain escalatory dominance there. “The fact is that Ukraine, which is a non-NATO country, is going to be vulnerable to military domination by Russia no matter what we do.” Obama showed the same realism in 2013 when in the face of war-mongering over Assad “gassing his own people in Syria” he backed away from widening the war (if only Obama had been equally pragmatic over Libya.)
But Biden is not Obama. Biden, due to age and background, is not a strong man. Unlike Obama, he does not see himself awash in the stream of history, but more as a caretaker until the Democratic Party can regroup, the Gerald Ford of his era. Biden is a weak man who will come under increasing pressure to “do something” as it becomes apparent the newest layer of sanctions against Russia accomplishes as little as the last layer of sanctions. The previous sanctions, among other things, did not stop Putin from invading Ukraine.
But more than anything else, Joe Biden is a Cold Warrior, burdened fully with a world view Obama was not. That world view says the role of the United States is to create a global system and enforce its rules. We can invade nations that did not attack us and demand regime change but you cannot. We decide which nations have nuclear weapons and which can not. We can walk our NATO-alliance right to your border but you cannot do the same with yours. We decide what systems control international commerce and who can participate in them. It is right and just for us to talk about crippling an economy, but not you. It was all best expressed by Condoleezza Rice, who commented with a straight face on Putin’s invasion of Ukraine “When you invade a sovereign nation, that is a war crime.”
This world view says the United States can empower former Soviet satellites and grow American influence by expanding NATO eastward (Lithuania, Latvia, Estonia, Poland, and Romania formally joined the alliance, East Germany by default) and to do this while taking the nuclear weapons away from those states so that none of them would become a threat or rival in Europe. It was American policy to have weak but not too weak states between Russia and the “good” part of Europe, dependent on America for defense.
As the Soviet Union collapsed, borders were redrawn to match the West’s needs (the same mistake was made earlier by the British post-WWI in the Middle East.) The reality of 2022 is Putin is seeking to redraw borders. Ukraine as a possible NATO member is a threat to Putin and he is now taking care of that. Americans live in a country that has no border threats and fails to understand the mindset time after time; imagine Mexico joining the Warsaw Pact in 1970.
We were warned. After the Senate ratified NATO expansion in 1998 despite the collapse of the Soviet Union, Ambassador George Kennan stated “I think it is the beginning of a new cold war. I think the Russians will gradually react quite adversely. I think it is a tragic mistake. No one was threatening anybody else. We have signed up to protect a whole series of countries, even though we have neither the resources nor the intention to do so in any serious way.”
That’s the circa-1998 trap Joe Biden is being lured back into. Only months after the America collapse and retreat from Afghanistan, Biden learned nothing. Our defeat did not teach us humility and restraint. It did not school us that America can no longer dictate global rules, sitting as judge while an ally invades a neighbor and then turning to hurl lightening bolts when an enemy invades one. It did not budge us a hair away from the destructive moral certainty that fuels our foreign policy. All that’s missing now is for someone to claim Russia and China are a new Axis of Evil.
Putin invaded Ukraine because, unlike Biden, he understands the new, new world order has different rules. Joe Biden, not always a quick study, has two choices. He can give in to the voices for war and try and prop up the myth of World’s Policemen for another round, or he can understand the consistent failures of American crusades and the global Pax Americana since WWII, especially those in the Middle East of the past two decades, plus the rise of multipolar economic powers to include China, have changed the rules. Negotiation is no longer appeasement. We aren’t in control anymore, and despite Iraq and Afghanistan, Biden may seek another bloody confirmation of that. Or he can understand America’s core interests are not in Ukraine and keep the peace.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
It’s bad enough when someone actually thinks reposting a “I Stand With…” meme is an act of woke resistance. But when the problem is enlarged to societal-scale, it hurts us all. Nothing actually broken actually gets fixed, and a deep sense of cynicism is injected into the souls of once-believers when they realize they’ve been conned. We live in an age where the appearance of action is mistaken for action.
So we are left to wonder about the point, other than setting the stage for more future cynicism, of the Google “doodle” this past Veteran’s Day. The illustration showed various vets, all appropriately racially ratioed, drawn half in uniform and half in civilian garb. One’s a painter, one’s a baker, and the Marine is shown as trans. The figure has a man’s face but half his body is in dress blue and half in a civvie dress. We’re left to wonder what the point is. Are Americans more sensitive now to the needs of male Marines who wear women’s clothing? Or is the illustration just a naughty stunt like a gay kiss on The Simpsons, a way of angering some made-up version of a conservative who was never invited to the barbeque in the first place?
The same question begs with TV commercials, seemingly all of which now feature either black actors alone, or as part of interracial LGBTQBLT couples. Just like white folks used to, they suffer from bloating and tsk tsk over which paper towel picks up better. Google and Apple don’t seem to even let old people use their products anymore. It’s all very hip youngers with I-didn’t-comb-it hair skateboarding or creating or influencing. Movies and streaming series’ are exclusively about people struggling with coming out, going out, or staying in. Every POC who has ever suffered has had his/her/their story made into a mini-series with the tag line “Against all odds…” As time goes by, perhaps more older movies can be remade with black actors digitally replacing white performers, like colorizing old B&W movies.
All the bad statues have been torn down. All the bad high schools have been renamed. Most Americans now know Thomas Jefferson was little more than a rapist, albeit with a way with words we will not longer talk about. All the bad companies we were asked to boycott on Twitter for donating to the wrong candidates or promoting transphobia are out of business. No one ever shops at the Home Depot or Chik-a-Filet or purchases racist bed pillows. And Dems, kudos. You got more women, like Kristen Smyrna, into office. In each election the media tally the faux progress telling us how many whites were replaced with POC, how many female Asians bested men, and so forth towards a mythical Übermensch trans black disabled left-hander who refuses to speak English, the language of the patriarchy.
But what happens when an entire generation realizes one day it is full of baloney, that none of that changes anything? What happens when people realize after a summer of BLM violence Minnesota did not defund its police, and rising crime in New York lead to bringing back an anti-gun task force once disbanded as a racist tool? When people realize the Glasgow climate conference wrapped up with no real plan to reduce fossil fuels?
Yet people still too deep into the con to see the con cheer openly for awareness being raised, conversations being started, dialogues opened, and all that as it it mattered. Black Lives Matter took over the hivemind of American media and academia. Major corporate institutions fell over themselves to “go black,” assuring Colin Kaepernick will never have to work a day again in his life. BLM became a third rail — criticize it and lose your platform, your job, maybe your freedom. But not much changed for the good and if you’re counting black-on-black gun violence things got a whole lot worse. Black men are systemically shot and killed in, for example, New York City, and no one seems to care because the triggers aren’t pulled by cops. New York saw its bloodiest week in late April, with a 300 percent surge in shooting incidents from the same week in 2020. About the only thing left for the movement is to arrange the lynching of white supremacy poster child Kyle Rittenhouse.
Same with climate change. Delegates from around the world, including President George H.W. Bush, met in Rio de Janeiro in 1992 for a first “Earth Summit,” promising to stop wrecking the planet. A new global treaty was made, the United Nations Framework Convention on Climate Change. And yet… And yet Glasgow is the 26th time delegates from around the world met to again discuss change, without change. About the only thing left in the movement is to arrange the symbolic coronation of climate change poster child Greta Thunberg.
It is important to understand these movements did not fail. They were never intended to succeed in the sense of actually ending racism or changing the climate. They were designed as political stunts, fund raising slams, a way to promote some person into celebrity status with the help of a compliant media. That’s the flim flam being pulled.
We live ever deeper in a fantasy world where progressives convince themselves destroying old symbols, or creating new ones like Greta, will change real life. They have convinced themselves maintaining white supremacy requires having a statue of Teddy Roosevelt in front of the courthouse and expect somehow with the statue gone so are all the problems. Way back when an old girlfriend did me wrong I threw out all the photos I had of us together. I felt better in the moment but learned a hard lesson: symbols are not real life. Getting rid of them does not fix things.
The failure of peace, love, drugs, and rock and roll to change the world in the 1960s eventually gave us the cynical and self-centered “Me Generation” of the 1980s. That era’s deeply embedded sense of greed and bland acceptance scarred us as a society. It is no surprise then mired in cynicism pretending to be resistance a generation today defines people like AOC and her squad as a success. In their terms of office they have passed no legislation or done much of anything but self-promotion and fund-raising; AOC voted against her party’s infrastructure bill to make some vague political feel good point instead of helping her constituents. Attention is treated as political currency when it’s just narcissism. Welcome to America, where everything ends up a grift.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
These are bad times for the First Amendment.
The very big picture is bad. Progressives woke up one morning to realize they controlled the media. People who thought like them made our movies, TV shows, and most importantly, owned the greatest propaganda tool ever invented, social media. They could significantly influence not only which breakfast cereal America liked best, but also which candidate America should vote for.
And none of it fell under the First Amendment. That old saw only protects people from government censorship, not corporate censorship or propaganda. The Founders never conceived we the people would want to have our media censored, or that companies would grow more powerful than the government to be able to do so, or that the age-old remedy for misinformation – truth – would become so reviled and feared. Of all the Founders’ omissions of issues unimaginable in the 18th century, this is the one which may prove fatal to the Republic.
The big picture is bad. Thanks to legal razzle-dazzle aimed at limiting corporate liability for the garbage they publish, Section 230 of the Communication Act was born. This removed the threat of libel to allow social media to become an even more powerful influence in our lives. They could shove anything up America’s nose or down the memory hole penalty free.
The law reads “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what is on their platforms. So if Twitter wants to only include false happy news about Hunter Biden, it can. If Twitter wants to enable those who spew out out-and-out lies about Trump, it can. They ran amok with Trump and Russia, willfully promoting lies that were part of a professional disinformation campaign Goebbels would have looked at in awe.
The Founders envisioned media as an essential element of democracy, affording it unique status in the Bill of Rights to inform the people. Social media repurposed that grace into an anti-democratic tool which works like this: a journalist “publishes” a falsehood on social media. The mainstream media then does a story about that tweet, cleverly using Twitter as the quoted source to cover themselves from any claims of libel or obligation to the truth. They are just reporting what was already on Twitter.
This legal and moral sleight of hand allows places like the NYT to whore out their credibility to front page the most atrocious gossip – see, we’re not saying it’s true, only that it was on Twitter. The power of the 1A protects the NYT, which becomes a front for the partisan work of so-called non-publishers on social media. Think of it as an 1A reach-around.
This willful journalistic malfeasance could not exist without the collaboration of the search engines to hide the truth. Search engines have become of the most politicized interactions of anyone’s day, shoving information and denying it in equal amounts, all driven by the views of, well, someone, no one is really sure who anymore.
What we do know for sure is in the end the massive global media infrastructure was recruited to drive Trump from office. Where the effort failed with Russia, Ukraine, January 6, and all the sideshow acts of Emoluments and Stormy Daniels, it finally got enough traction to matter with Covid. Trump killed your grandma. Today the guns are all reloaded, and the media is already declaring 2024 stolen if Trump wins.
The small picture is also bad. Journalists, who depend on the 1A for their jobs, no longer believe in its most foundational tenet: informing the public to enable them to participate more fully in our democracy. On a small scale, journalism is now a weapon to take 1A rights away from those deemed politically unsuitable. Here’s one case study to spoil breakfast.
I don’t know Shawn McCaffrey or Christopher Mathias. I do know both of them believe in ideological purity. But one’s a threat to the 1A and one just likes to hear himself talk.
Shawn belonged to Identity Evropa, which among other things played a role in the 2017 “Unite The Right” rally in Charlottesville. Chris meanwhile identifies as a journalist for Huffington Post and covers “far right, disinformation, and hate.” He believes Identity Evropa Shawn is dangerous because he is “racist, homophobic and hosts an anti-Semitic podcast.”
Chris believes Shawn is so dangerous he devoted his own First Amendment rights as a journalist to stomp the wind out of Shawn’s First Amendment right to say hateful things, to the point where Chris and HuffPo stalked Shawn to discover he had enlisted in the Air Force. They turned over their 1A-protected “journalism” to a progressive-aggressive Congresswoman for weaponization, not unlike the two-step practiced by place like NYT and Twitter. The Congresswoman made the Air Force throw Shawn out.
Why did Chris, HuffPo, and the Congresswoman go so far out of their way to get Shawn out of the Air Force? Because they believe people like Shawn join the military not to serve their country, but “to receive combat training they can use to inflict violence on civilian targets and can recruit other servicemen and servicewomen to their cause.” Journo Chris adds this is “a problem brought into focus by the prevalence of current and former military personnel taking part in the storming of the U.S. Capitol on January 6.” At worst only 15 percent of those arrested had some vague “tie” to military service.
This game is not new for Chris and HuffPo. They got an elementary school teacher fired for writing things on “extremist” sites they did not agree with. The teacher also wrote for The Atlantic, Vice, The Daily Caller, and The Weekly Standard, the latter two Chris tells us “let him make his racist sympathies clear in print.” In 2019 Chris and HuffPo “exposed” 11 racist servicemen. Evidence HuffPo amassed included a Facebook posting by one who wrote he likes “Tennessee because it is conservative and Christian, implicitly white.” That’s not even true; the state is almost 17 percent black but whatever.
Chris the journalist also believes without evidence “many nameless fascists today lead double lives, hiding behind avatars to promote their noxious beliefs online while holding down respectable day jobs in education, military, law enforcement, medicine or government.” He works with whatever the hell the Anonymous Comrades Collective is “to expose Nazis, racists and fascists.”
By the way, in case you haven’t guessed, paranoid Journo Chris is the threat and Racist Shawn is the one who just likes to hear himself talk.
When so-called journalists judge ideological purism, we see in practice the same hatred and bigotry, backed up by self-granted righteousness, they claim to oppose. Shawn blathering out of his basement about how gays aren’t suitable for the military is no different than Chris standing atop HuffPo’s platform and saying people like Shawn aren’t suitable for the military.
Like any good National Socialist of old, Chris is certain what he is doing protects the country in what he wrote is a moment of moral emergency. He and HuffPo are nasty ideologues who believe their ends – ideologically cleansing America – justify the means. Right now that cleansing is a version of cancellation but really, why stop there? Go full Inglorious Basterds and really take out some Nazis as a final solution to free speech, the threat to democracy that keeps electing Republicans.
Things have moved beyond journalists sniping at each other in print, or even partisan reporting. The case with Chris and Shawn is repugnant because it involves a journalist who finds someone else’s exercise of a Constitutional right so distasteful that he used the full power of an international media organization protected by that same First Amendment to destroy the speaker. That’s far more distasteful than anything out of Shawn’s potty mouth. And, biggest picture of all, that’s what is left of journalism at this point.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Just as a marker on the road to the complete loss of freedom of speech as well as losing my mind, here is my full post Facebook deleted.
Their anonymous censors stated the post below violates “community standards” and because of that I was forbidden from posting or commenting for 24 hours.
Since anyone reading this is part of my “community,” I leave it here for you to judge.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The interplay between the First Amendment and corporations like Twitter, Google, Amazon, Apple and Facebook is the most significant challenge to free speech in our lifetimes. Pretending a corporation with the reach to influence elections is just another place that sells stuff is to pretend the role of debate in a free society is outdated.
From the day the Founders wrote the 1A until very recently no entity existed that could censor at scale other than the government. It was difficult for one company, never mind one man, to silence an idea or promote a false story in America, never mind the entire world. That was the stuff of Bond villains.
The arrival of global technology controlled by mega-corporations like Twitter brought first the ability the control speech and soon after the willingness. The rules are their rules, so we see the permanent banning of a president for whom some 70 million Americans voted from tweeting to his 88 million followers (ironically the courts earlier claimed it was unconstitutional for the president to block those who wanted to follow him.) Meanwhile the same censors allowed the Iranian and Chinese governments (along with the president’s critics) to speak freely. For these companies violence in one form is a threat to democracy while similar violence is valorized under a different color flag.
The year 2020 also saw the arrival of a new tactic by global media, sending a story down the memory hole to influence an election. The contents of Hunter Biden’s laptop, which strongly suggest illegal behavior on his part and unethical behavior by his father the president, were purposefully and effectively kept from the majority of voters. It was no longer for a voter to agree or disagree, it was now know and judge yourself or remain ignorant and just vote anyway.
Try an experiment. Google “Peter Van Buren” with the quotes. Most of you will see on the first page of results articles I wrote four years ago for outlets like The Nation and Salon. Almost none of you will see the scores of columns I wrote for The American Conservative over the past four years. Google buries them.
The ability of a handful of people nobody voted for to control the mass of public discourse has never been clearer. It represents a stunning centralization of power. It is this power which negates the argument of “why not start your own web forum.” Someone did until Amazon withdrew its server support, and Apple and Google banned the Parler app.
The same thing happened to The Daily Stormer, driven offline through a coordinated effort by tech companies, and 8Chan, deplatformed by Cloudflare. Amazon partner GoDaddy deplatformed the world’s largest gun forum AR15. Tech giants have also killed off local newspapers and other forums by gobbling up ad revenues. The companies are not, in @jack’s words, “one small part of the larger public conversation.”
The tech companies’ logic in destroying Parler was particularly evil – either start censoring like we do (“moderation”) or we shut you down. Parler allowing ideas and people banned by the others is what brought its demise. Amazon, et al, brought their power to censor to another company. The tech companies also said while Section 230 says we are not publishers, we just provide the platform, if Parler did not exercise editorial control to tech’s satisfaction it was finished. Even if Parler comes back online it will live only at the pleasure of the powerful.
Since democracy was created it has required a public forum, from the Acropolis to the town square on down. That place exists today, for better or worse, across global media. It is this seriousness of the threat to free speech that requires us to move beyond platitudes like “it’s not a violation of free speech, just a breach of the terms of service!” People once said “I’d like to help you vote ladies, but the Constitution specifically refers to men, my hands are tied.” That’s the side of history some are standing on.
This new reality must be the starting point, not the end point of discussions on the First Amendment and global media. Facebook, et al, have evolved into something new which can reach beyond their own corporate borders, beyond the idea of a company that just sells soap or cereal. Never mind being beyond the vision of the Founders when they wrote the 1A, it is hard to imagine Thomas Jefferson endorsing having a college dropout determine what the president can say to millions of Americans. The magic game play of words – it’s a company so it does not matter – is no longer enough to save us from drowning.
Tech companies currently work in casual consultation with one another, taking turns being the first to ban something so the others can follow. The next step is when a decision by one company ripples instantly across to the others, and then down to their contractors and supplies as a requirement to continue business. The decision by AirBnB to ban users for their political stance could cross platforms automatically so that same person could not fly, use a credit card, etc., essentially a non-person unable to participate in society beyond taking a walk. And why not fully automate the task, destroying people who use a certain hashtag, or like an offending tweet? Perhaps create a youth organization called Twitter Jugend to watch over media 24/7 and report dangerous ideas? A nation of high school hall monitors.
Consider linkages to the surveillance technology we idolize when it helps arrest the “right” people. So with the Capitol riots we fetishize how cell phone data was used to place people on site, coupled with facial recognition run against images pulled off social media. Throw in the calls from the media for people to turn in friends and neighbors to the FBI, alongside amateur efforts across Twitter and even Bumble to “out” participants. The goal was to jail people if possible, but most loyalists seemed equally satisfied if they could cause someone to lose their job. Tech is blithely providing these tools to users it approves of, knowing full well how they will be used. Orwellian? Orwell was an amateur.
There are legal arguments to extend limited 1A protections to social media. Section 230 could be amended. However, given Democrats benefit disproportionately from corporate censorship and current Democratic control of the government, no legislative solution appears likely. Those people care far more for the rights of some of its citizens (trans people seem popular now, it used to be disabled folks) then the most basic right for all the people.
They rely on the fact it is professional suicide today to defend all speech on principle. It is easy in divided America to claim the struggle against fascism (racism, misogyny, white supremacy, whatever) overrules the old norms. And they think they can control the beast.
But imagine someone’s views, which today match @jack and Zuck’s, change. Imagine Zuck finds religion and uses all of his resources to ban legal abortion. Consider a change of technology which allows a different company, run by someone who thinks like the MyPillow Guy, replacing Google in dictating what you can read. As one former ACLU director explained “Speech restrictions are like poison gas. They seem like they’re a great weapon when you’ve got your target in sight. But then the wind shifts.”
The election of 2020, when they hid the story of Hunter Biden’s laptop from voters, and the election’s aftermath, when they banned the president and other conservative voices, was the coming-of-age moment, the proof of concept for media giants that they could operate behind the illusion of democracy.
Hope rests with the Supreme Court expanding the First Amendment to social media, as it did when it grew the 1A to cover all levels of government, down to the hometown mayor, even though the Constitution specifically only mentions Congress. The Court has long acknowledged the flexibility of the 1A in general, expanding it over the years to acts of “speech” as disparate as nudity and advertising. But don’t expect much change any time soon. Landmark decisions on speech, like those on other civil rights, tend to be more evolutionary in line with society’s changes than revolutionary.
It is sad that many of the same people who quoted that “First they came for…” poem over Trump’s Muslim Ban are now gleefully supporting social media’s censorship of conservative voices. The funny part is both Trump and Twitter claim what they did was for peoples safety. One day people will wake up and realize it doesn’t matter who is doing the censoring, the government or Amazon. It’s all just censoring.
What a sad little argument “But you violated the terms of service nyah nyah!” is going to be then.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
It makes sense for them to unabashedly mainstream unthought and censorship Because Trump. Never before have a large number of Americans feared a politician more. Trump isn’t just against what you are for, he is someone literally out to kill you, via COVID, via some war, your life is in danger. He is not just bad, he is a pure strain of evil without goodness, like a pedophile.
Google first introduced censorship in the most well-intentioned way: to stop child predators. The Internet giant tweaked its search results to block sites it believed linked to child porn. It went on to do the same for terrorist sites, and sites that encouraged suicide. But Google can skew search results any way it wants. It knows the higher an item appears on a list of search results, the more users will click on it. In a test, placing links for one candidate above another in a rigged search increased the undecided voters who chose that candidate by 12 percent. Burying an idea can have a similar effect; 21st century free speech is as much about finding an audience as it is about finding a place to speak. Censorship in the 21st century targets both speakers (example: Twitter blocks someone) and listeners (Google hides that person’s articles). There will soon be no fear anyone will lock up dissident thinkers in some old-timey prison to silence them; impose a new Terms of Service and they are effectively dead. As are their ideas.
The argument Twitter, Facebook, and Google are private companies, that no one forces you to use their services, and in fact you are free to switch to MySpace, is an out-of-date attempt to justify end runs around the First Amendment. Platforms like Twitter are the public squares of the 21st century (seven of 10 American adults use a social media site), and should be governed by the same principles, or the First Amendment will become in practical terms irrelevant.
Pretending a corporation with the reach to influence elections is just another company that sells stuff is to pretend the role of unfettered debate in a free society is outdated. These corporations understand their power to influence. They feel morally required in using it for partisan goals. They have exercised it for Joe Biden. When that happens, elections can be stolen in real time. Just watch.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Facebook banned “any mention” of the alleged Trump administration whistleblower’s name on its network, including links to legitimate news articles which could indicate the whistleblower’s identity.
After Breitbart News had several social media posts about the whistleblower pulled from Facebook this week, the network announced, “Any mention of the potential whistleblower’s name violates our coordinating harm policy, which prohibits content ‘outing of witness, informant, or activist.’ We are removing any and all mentions of the potential whistleblower’s name and will revisit this decision should their name be widely published in the media or used by public figures in debate.”
The idea is, seriously, that by mentioning the whistleblower’s name, some random person on Facebook will expose the guy to death like he’s Jeffrey Epstein or something. The Facebook people seriously think someone will hunt the whistleblower down and murder him, and needs a mention on Facebook as the final clue to his identity. Now of course one can Google the name, or just type in “Who Is The Whistleblower” and the name and photo pop up. The name also appears in the Mueller report (p. 283) and in Ambassador Bill Taylor’s impeachment testimony.
But maybe things went too far. The graphics should tell the story of my now taken-down Facebook post. The text reads:
“Please meet my doggy. She is a rescue and has been with us about two years. Dumb as a rock, but very sweet.
Her new name is Eric Ciaramella. This may also be the name of the alleged whistleblower, but it is also my doggy’s name. Facebook has banned mention of the whistleblower’s name, but I hope they do not ban my sweet doggy.
Anyone who wants to say ‘Hi Eric Ciaramella’ in the comments, below, please feel free to do so. For each such greeting I’ll give Eric a Scooby treat. If Facebook bans me or takes down this post, I will take away Eric’s favorite chew toy.
The blood will be on your hands, Zuckerberg.”
About twenty people said “Hi” to my dog Eric before Facebook did indeed take down the post. Their note read that I had violated community standards on “coordinating harm and promoting crime… We have these standards to prevent and disrupt offline harm.”
Bad dog, Facebook! Bad dog!
Also, the alleged whistleblower’s last name begins with his actual place of alleged actual employment, CIAramella. Whoa!!!!!!!!
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
In an age of deplatforming and amid howls for censorship, the viability of free speech is at stake. Antitrust laws to break up the tech giants may be the last, best hope in this ideological war.
The First Amendment doesn’t restrain censorship by private social media companies. Progressives today revel in their new-found power to enforce their own opinions through deplatforming. That only works because the platforms matter as near-monopolies; no one cares who gets kicked off MySpace. If you end the monopolies, you defang deplatforming. Trump is preparing to unleash the Department of Justice and the Federal Trade Commission as antitrust warriors against the tech giants. That just might save the ability to hear ideas outside of echo chambers of bullied consensus.
For much of American history media published things (on paper, then on radio, movies, TV, art shows, the Internet, etc.) and the First Amendment as law and as a cultural touchstone protected political thought. Nice thoughts you and your grandma agreed with and vile thoughts from ideologies your grandpa fought against. As in “I disagree with what you say, but will fight for your right to defend it.”
Then social media hit some kind of cultural saturation point around the 2016 election. People couldn’t produce and consume enough opinion, and even traditional media dumped old-timey reporting in favor of doing stories based on what others posted online. It was a mighty climax for the Great Experiment in Free Speech, no filters, no barriers, a global audience up for grabs. Say something interesting and you went viral, your thoughts forever alongside Edward R. Murrow’s, Rachael Maddow’s, and the candidate herself.
Donald Trump then did away with near-universal agreement over the right to speak, driven by a false belief too much free speech helped him get unjustly elected. Americans began not just to tolerate, but to demand, censorship to protect them. First they came for Russian media outlets RT and Sputnik, and few shed a tear. When Twitter initially dragged its feet banning Alex Jones, a “journalist” from CNN helpfully dug through Jones’ tweets to find examples of where he broke the rules. Free speech had been weaponized, using platforms like YouTube to put Alex Jones’ thoughts alongside Edward R. Murrow’s, Rachael Maddow’s, and the candidate herself.
Jones (and soon Milo Yiannopoulos, Richard Spencer, Ann Coulter on campus, et al) had few friends outside his own supporters, so it was easy to condone his deplatforming. But that was only round one. Progressives discovered those first deplatformed voices were just the tip of a white supremacist iceberg, a legion of hate that sought to stomp out immigrants, people of color, the 50% of the population who were women, all shades of LGBT, and perhaps democracy itself. And what was fueling this dirty fire, allowing these men to organize (what the Bill of Rights calls “freedom of assembly” the deplatforming community calls “coordinative power”), raise money, and spread their bile (deplatformers call it red pilling)? Social media. Someone needed to do something about all this free speech before it was too late and America (re-)elected the wrong president again.
Somewhere along the way progressives realized people who largely thought like them controlled key platforms in America. Offline that included college campuses. Jeff Bezos could simply buy the Washington Post to silence some voices and amplify others. Advertisers could shift corporate funds to put political thought they disliked out of business. Authors could have books pulled and lose long-standing contracts. And none were bound by the 1A. But social media was where the real action was. Twitter, with a tweet, could silence what once were inalienable rights. The sparse haiku clarity of the First Amendment was replaced with groaning Terms of Service that meant whatever the mob wanted them to mean. The freedom to speak on social media no longer existed independent of the content of speech. And thus the once loathed Heckler’s Veto, the shout-down, was reimagined as the righteousness of deplatforming, the online equivalent of actually punching Nazis to silence them. And the 1A bullies were thirsty.
So there was nothing to prevent deplatforming journalist Steven Crowder for calling Vox writer Carlos Maza a “lispy queer Latin” on YouTube. In fact, Maza successfully campaigned across social media to get YouTube to demonetize the other journalist when the site initially hesitated. YouTube then announced an update to its hate speech policy broadly prohibiting “videos alleging a group is superior in order to justify discrimination, segregation or exclusion” and deleted the classic documentary studied in every film school, Leni Riefenstahl’s 1935 Triumph of the Will. YouTube also deplatformed history teachers for uploading archive material related to Adolf Hitler, saying they breached the new guidelines banning hate speech.
The site previously sent entire genres down the Memory Hole, banning “videos promoting or glorifying racism and discrimination.” That purge deplatformed News2Share, a site which covered everything from pro-Assange protests to 2A supporters rumbling with Antifa. YouTube proudly asserts since 2017 it has reduced views of “supremacist” videos by 80%.
Gab was threatened by Microsoft with the cancellation of its web domain because of two “offensive” posts made by a minor Republican candidate. Facebook/Instagram banned “white nationalist and separatist” content, including at one point documentaries from Prager University. It also deleted posts from veteran journalist Tim Shorrock criticizing the New York Times’ coverup of American support for previous South Korean dictatorships. Facebook allegedly now has an office dedicated to watching what its users do outside of Facebook, looking at their work as journalists, what they say off-line, what tattoos they have, to determine whether they should be allowed to participate on Facebook. Pintrest deplatformed groups and messed with searches involving anti-abortion content. Twitter in turn suspended the accounts of those who blew the whistle on Pinterest in retaliation.
Google refused ads for a gala featuring Secretary of State Mike Pompeo, something they claimed was in violation of their policy on “race and ethnicity in personalized advertising.” Google company sees itself at the nexus of ideological war, declaring, “Although people have long been racist, sexist, and hateful in many other ways, they weren’t empowered by the Internet to recklessly express their views with abandon.”
Google might soon add its terms of service to the First Amendment. A leaked document from the tech giant argues that because of a variety of factors, including the election of Donald Trump, what we call the “American tradition” of free speech may no longer be viable. The report lays out how Google can serve as the world’s “Good Censor,” a stern hall monitor figure protecting us from harmful content and, by extension, dangerous behavior, like electing the wrong president again. And all this comes not a moment too soon — the Southern Poverty Law Center claims it has taken “blood in the streets for tech companies to take action.” More simply put, the group just says “tech supports hate.” There are many more examples of those deplatformed.
But why wait for someone to commit hate speech when technology allows deletion when hate is largely still a thought crime? Google developed a tool called Perspective which aims to root out “hate speech” before it spreads. The software uses machine learning to spot “toxic” content in online conversations to preemptively redirect their trajectory. The tool, designed to monitor comments section, could also be deployed against content creation in real time. As you type.
Websites too right of center have serially lost their web hosts and gone dark. Website security company Cloudflare “woke up … in a bad mood and decided to kick [a hate site] off the Internet.” On another site, parents who started a petition questioning their local school’s transgender policy were deplatformed. I was deplatformed by Twitter. There are many more examples. Mashable claimed overall 2018 was the year “we cleaned up the Internet,” while Vice announced deplatforming “works” and celebrated censorship of fellow journalists.
A version of deplatforming has moved off-line as well. The ACLU — the ACLU which once stood by actual Nazis because the beautiful concept of free speech was so much more important than whatever dumb stuff those Nazis said in Skokie which no one remembers anyway– started applying an ideological/political litmus test to which free speech cases it would support following Charlottesville. Some people are now deplatformed out of the justice system.
Though the bulk of deplatforming is aimed at right of center voices, there are examples from the left, often cited as “good news” that “see, this isn’t a progressive jeramaid.” But in fact more censorship is not a good thing for free speech, however equally distributed. And this is not as much a slippery slope question as it is ideological warfare. Progressives want to eliminate the opposing ideas. They have no problem with free speech that, for example, criticizes religion, or sends drag queens to read to children in public libraries. Flag burners are welcome! Conservatives, not so much.
Two visions of free speech have overtaken America. One is now widely dismissed as dangerous because it fought for a marketplace of ideas that could include hate speech, while another danced a jig because America’s new censors are ideologically sympathetic corporations currently supporting the progressive agenda. The latter group is comprised of people (some 69% of American college students believe intentionally offensive language should be banned) seemingly unable to project a future where those corporate censors’ might support a different set of views. Instead, as a mob today they gleefully point to a viewpoint as “hate speech” and let @jack purify it away.
It is very important to underline there is no law against hate speech. Hate speech is an umbrella term used by censorship advocates to describe anything they don’t want others to be able to listen to or watch. It is very flexible and thus very dangerous. As during the McCarthy-era in the 1950s when one needed only to label something “communist” to have it banned, so it is today with the new mark of “hate speech.” The upshot is that apart from some very narrow definitions of violence-inducing words, the obligation exists to the concept of free speech independent of the content of that speech. This is also one of the most fundamental precepts of free speech in a democracy. There need be no protections for saying things that people agree with, things that are not challenging or debatable or offensive; free speech is not really needed for the weather and sports parts of the news. Instead, free speech is there to allow for the most rude, offensive, hateful, challenging stuff you (or your neighbor, your political party, your government) can imagine.
The Founding Fathers, themselves now seen as misogynist slave owners except the scrubbed version of Hamilton, had left a ticking time bomb inside the Bill of Rights. You in fact could not punch nazis to silence them without going to jail. The 1A protected hate speech! There is no justification for restricting speech so that people are not offended. Speech may offend, indeed that may be its point, but bad ideas are then defeated by better ideas. Yet today Google (and Facebook, Twitter, and their successors) seem to perceive these old ideas as more outmoded than the powdered wigs the Founders wore when they wrote them.
What to do? Efforts to extend the First Amendment to entities like Facebook, arguing they are the new public squares (seven of 10 American adults use a social media site), have been unsuccessful.
Trying to classify social media companies as “publishers” has also been unsuccessful. They insist they are “platforms.” They say they are like the phone company, which lets you talk to a friend but exercises zero control over what you say.
Being a platform is desirable for Facebook and the others as they have no responsibility for the content they print, no need to create transparent rules or appeals processes for deplatforming, and users have no legal recourse. Publishers,on the other hand, are responsible for what they print, and can be taken to court if they print something libelous or maliciously false.
Social media’s claim to be a platform and not a publisher is based on Section 230 of the Communications Decency Act. That section however was predicated on social media companies being neutral public forums in return for offering them legal protections against being sued over content they present. Companies like Twitter now want it both ways – they want the protection being a platform like the phone company offers but after the 2016 election they also want to ideologically manipulate their content as publishers do.
Breaking through the platform-publisher question will require years of court battles. The growth of much of the web is driven by the lack of responsibility for the content third parties chuck online. It is a complex situation when applied to everything from knitting site hosts to Nazi forums, and across international borders.
Yet social media entities’ control over speech is so significant a more immediate solution is demanded. Google owns 90% of the search market, three quarters of mobile and 70% of desktop browsing, and along with Facebook, 50% of online ads. YouTube dominates video. Facebook makes up two-thirds of all social media, with Twitter holding down most of the rest. Large enough on their own, the platforms also work in concert. One bans say Alex Jones, most of the others follow and then whomever is last to act is chided into action by the mob and threatened with advertiser boycotts. Eventually (as with Jones) Venmo and Paypal also cut them off.
With legal and legislative solutions ineffectual for preserving free speech online, enter the major antitrust enforcement agencies of the executive branch. The Department of Justice is preparing to investigate Google’s parent company Alphabet, while the Federal Trade Commission is doing the same for Facebook. The goal may be to break the tech giants into multiple smaller companies, as was done at the dawn of mass electronic communication in America.
Monopolies on speech first appeared as national media appeared, in the form of radio stations linked into networks. For the first time, an opinion expressed on air in New York was broadcast everywhere. The once-mighty Mutual Broadcasting System successfully filed a complaint which led to a Supreme Court battle claiming NBC and CBS controlled the national market. NBC was ultimately forced to split into two networks, Red and Blue. Regulation followed. The 1934 Communications Act required broadcast licensees to operate in the “public interest, convenience, and necessity.” This translated into things like the Fairness Doctrine, which requires broadcasters to cover politically important issues, ensuring various points of views are given equal time. The public-interest obligation also protects against one company controlling all the stations in a market.
The end of social media mega-companies, with none big enough to silence effectively any significant amount of free speech, would be a clumsy fix for a problem the Founders never imagined – citizens demanding corporate censorship because they didn’t like the results of the last election. It is nowhere near the comprehensive solution of an expanded First Amendment a democracy should grant itself, but in a world where progressives fail to understand the value of free speech it may provide enough of a dike against censorship to hold the waters back until reason again takes hold.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
(I fully support a woman’s right to abortion. The following is about how power works.)
Repubs: We installed two Supreme Court judges, and Ginsberg won’t live forever. We have 2-6 more years to get a third on the court.
Dems: We cosplay Handmaiden Tale costumes. You can buy them on Amazon. And the rat in the Arthur cartoon is gay, major victory for LGBT rights, yes.
Repubs: During the Obama terms, we won back 1,000 state seats (including governorships) that have allowed for abortion bans to be enacted in multiple states. At the beginning of Obama’s term, you Dems controlled 59% of state legislatures, while now it’s only 31%, the lowest percentage for the party since the turn of the 20th century. Same for governorships: when Obama took office Dems held 29 governor’s offices and now have only 16, the party’s lowest number since 1920.
Dems: Obama was the first black president you know.
Repubs: We passed legislation in Alabama and other states in line with our goals.
Dems: Didn’t you see Left Twitter erupted over that? Late night tore Alabama apart. Did you see Sam Bee’s fierce rejoinder?
Repubs: We won important races in Georgia and Florida.
Dems: We protested on social media how that was unfair.
Repubs: We held the line on gun control for our base.
Dems: The Parkland Kids were on the cover of Time magazine in the dentist’s office.
Repubs: You guys are all about checking boxes — first black this, first openly gay that, and calling those achievements. OK, they are, in a way, but they are often empty in the long run if they don’t produce actual legislative change alongside symbolic change. Obama, in one example, did too much by executive action and altering the ways rules are interpreted inside the bureaucracy. As with DACA, it was all too easily unwound as soon as he left office. Power works in certain ways, under certain systems. In the U.S., getting laws passed means understanding where action resides to get something changed, and securing that seat or office. Dems have for too long relied on the deus ex machina of the Supreme Court to impose from above what is often opposed, or at least not broadly supported, from below. This creates a reverse wave of anxiety, which will find its outlet in events like the election of a guy like Trump.
Dems: We made same-sex marriage the law of the land whether you pigs like it or not. We’re gonna force open borders, too.
Repubs: People are anxious over immigration. They worry about jobs, and they worry about societal change being forced on them. They worry the government has no policy on all this, and these things are just left to happen to them.
Dems: Abolish ICE. Anyone who doesn’t support open borders is a racist fascist hater. We don’t need them in our party.
Repubs: Trump’s gonna run on his record you know, strong economic growth —
Dems: Obama did that.
Repubs: — got the wall, lots of things his supporters like. You’re scaring more voters away than influencing them by prioritizing legislated social change too fast over kitchen table economic issues —
Dems: Trans rights are human rights, you pig.
Repubs: — You’re alienating members within your own party with crazy ideological and race hate memes. You’re telling white people they are unwanted. You’re throwing away too many potential voters in swing states.
Dems: We’re not done fighting over 2016 yet so don’t talk about swing states. Trump is now obstructing the investigation into the last time he obstructed! We’re going to arrest Bill Barr! Just ask AOC!
Repubs: You let the media choose the face of your party, and so you end up with people who talk and look “right” but accomplish little — Linda Sansour, AOC, Beto, Mayor Pete. There’s a new one all the time. It’s hard to take you seriously.
Dems: Um, Biden.
BONUS ADVICE
Dems must create — quickly — a broadly supported, positive agenda, something people can vote for, get excited about, rally around. A negative agenda, essentially destroy Trump or elect whichever old white guy they throw up as the nominee who is not Trump, divides the party and is uninspiring to voters. The certainty Trump is guilty of something (obstruction, tax things, whatever) is not shared across the country, and the clarity of evil the media sees in the Mueller report does not exist for many purple state voters. The Obama lesson (lost on Hillary) was inspire or retire.
Biden, running on nothing but he’s not Trump, does not inspire. Bernie is Bernie, looking kind of goofy and sounding repetitive when in 2016 he looked fresh and inspiring. The rest are flashes in the pan, media-made K-Pop wanna be’s, or at best immature and reaching too high too soon and should be running for Senate seats.
The Dems seem to be betting the house on impeachment even as the number of Americans who say Trump should be impeached is at 45%. Some 42% said Trump should not be impeached.
But at the same time, 57% said multiple congressional probes of Trump interfered with important government business, according to a Reuters/Ipsos poll. That 57% included about half of all Democrats and three-quarters of all Republicans.
Do Dems really want to bet those odds against the economy? There have been more job openings than job seekers for 13 straight months. Workers without college degrees have seen significant gains in their wages. Productivity growth is up, unusual at this point in an almost decade-long expansion. There are no obvious bubbles in tech, real estate or other industries, and the stock market has mostly recovered from last year, and last week.
The reality is captured in a NYT headline The Economy That Wasn’t Supposed to Happen. Unemployment is 3.6%, a 50-year low. Average hourly earnings are up 3.2% over last year. Inflation is a low 1.6%.
The standard drone of the media/Dems Trump would crash the economy, or that any positives only the few, or that gains would not last, or that all credit is due to Obama have proven weak. About as weak as claiming, still, post-Mueller, Trump won because of Russia and still needs to be impeached for, well, something, just wait, we’ll find it.
But don’t leave out the ultimate Dem kamikaze ticket, where Hillary is called in from the cheap seats at the convention when no vote can chose a winner. Biden slides right into his traditional VP slot beside her. They’ll make a nice couple at Trump’s third and fourth inauguration.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
We live in an age when one’s past is dragged up by those with ill intent to confront one’s integrity in the present.
If you worked in Asia in the 1980s or earlier, you likely remember a popular toothpaste called, sadly, Darkie. It featured a caricature of a black-faced minstrel performer on the label, with shining white, white teeth.
I have an old Polaroid photo of a very young American diplomat from that era, now a senior official, dressed as that logo, complete with blackface and a top hat, from a long-ago Halloween party. Others present were dressed as local characters, logos, kind of a theme. One person was done up as the Frito Bandito, a caricatured portrayal of Mexicans. The black-faced diplomat was not a racist then and is not now, actually has done some important things for the State Department at some personal risk in terms of getting it to treat its people better. Most today would describe him as “woke.”
Yet I am sure the NYT, or if not them, TMZ, would rush to publish the photo and the diplomat would be pressed to resign. His career would be impacted, his decent work stopped, and none of that would have a whit of any effect on racism in America. Unspoken is the idea that the same guy who wore blackface then is the same guy who is doing good things today. You just know something more about one evening long ago that now seems to matter so much when it doesn’t matter at all.
I have no intention of revealing the photo from three decades ago. But we live in miserable times for this kind of thing when judging someone based on 30 years of their life seems to make less sense than picking something from 30 years ago and ignoring everything else since.
Our society’s current solution is to selectively allow offenders to apologize, often accompanied by a sizable donation to some appropriate charity. Kevin Hart was offered the chance with hosting the Oscars as his prize, Louis C.K., not so much. Al Franken’s time came too soon; today he’d likely be let off by the mob with a heartfelt mea culpa; one can see the tears behind those smug glasses.
But overall the idea of apologizing as a work-around is a bit of a strawman, a cheap trick to somehow drag the discrete events of the past into the present day — well, he did XYZ in 1984, but he continued not to apologize for the last 35 years! And it offers the mob another chance to judge; see, it’s about something happening today (the apology) and not an event from when TV was in black and white! Yet in one case it was presented as enough to derail a Supreme Court nomination and in another it is dismissed as a political smear.
Anybody can say they’re sorry, especially under the gun of the social media-regular media mob that passes judgement on these things. What might make more sense is to look for are amends, what someone has done with their life since some bad thing. Are you a better person? Are you still espousing racism? What have you done with the years? Oh, but that’s complicated. Easier to snarl at a old photo and tweet.
Inside the world of security clearances, where practicality often still overrules mob shoutdowns, standards have evolved. When I joined the State Department during the Reagan era, you could not get a clearance if you admitted to smoking a joint, and you certainly could not be cleared if you admitted to being gay. Same for holding significant debt, which supposedly made you vulnerable to Russian spy payoffs. Heavy drinking? Well, that was almost part of the job description and was generally overlooked. It got to the ridiculous point where only good liars, people from strict religious backgrounds, and folks who could hold their liquor could pass.
If today was debt was a show stopper the vast majority of young applicants, with their massive student loans, would be denied clearances. Limited illegal drug use in the past is not a problem in most cases, and we all know of the 180 degree change on LGBT status. There are still showstoppers in the clearance process (having relatives in “bad” countries is a huge issue as more and more first generation Americans, some with critical language skills, seek clearances,) but the emphasis is now on holism, a long view of a person’s life that looks for trends and patterns instead of hyper-focusing on singularities.
Few claim Northam in blackface is a good thing. The real question is at what point do we judge, a single point in the past or the sum of a man’s life. I don’t know much about his work in the last 35 years, but that seems a more reliable indicator of how he’ll serve as governor (the actual issue) than a photo from whenever. Northam resigning does not erase racism of the past, and it does nothing practical about racism today. He just joins the crowd of those sacrificed at the altar of identity politics, a feel-good to the many who only seem to have realized these issues exist since Trump was elected.
See, it is not like this issue of how the past affects the present is new; we’ve just resolved it more practicaly in other iterations. How many states are seeking to allow felons to vote again? Parole, expungement, time served — people who have committed actual crimes, even murder, get to a point where they can move on.
Our tolerance for illegal drugs has followed a similar path. Decades ago, Bill Clinton was confronted with accusations he smoked marijuana. To save himself, he came up with the line that while he may have once held a joint to his lips, he never actually inhaled (Clinton would employ similar word play later in his career over whether a blow job constitued sex.) Fast-forward to candidate Barack Obama, who early on casually admitted to smoking weed, and even experimenting with other drugs. The public response? Meh. People grow, people change, that was then.
The alternative is to allow the mob greater control. With Facebook turning 15 years old today, politicians on the rise will find more and more of their pre-celebrity lives documented. Will we band together online to hunt down every person who ever did anything wrong and drive them out of home and job in some Great Cleansing? What happens when definitions of “wrong” morph? Is such a mob vetting likely to bring better people into government, or send them running?
Unspoken is the idea the same guy who wore blackface then is the same guy who was elected by the people of Virginia now and, until about a week ago, apparently well-thought of by them. We all just know something more about his past that powerful forces are seeking to drag forward into the present and claim represents a different man. We live in the age when one’s past is dragged up to confront one’s integrity in the present.
We don’t want to talk about Brett Kavanaugh, but there are elements that awkwardly pair with the Northarm story. What really happened decades ago? Are we learning about those events now accurately and unemotionally, or are they being spoon-fed through a ready tablodized media for partisan political ends?
How were the Kavanaugh accusations, uncorroborated and in some instances refuted by other witnesses, more in line with #BelieveWomen than those now directed by a woman at the Virginia Lieutenant Governor but labeled as a political smear by his supporters? Yet in one case it was presented as enough to derail a Supreme Court nomination and in another it is dismissed as a political smear, spiked by a partisan Washington Post who basically said to the victim “Honey, time to take one for the team, we’re not running this an causing a Democrat to lose this election. Now, did Judge Kavanaugh ever lay a hand on you?”
And not a single 2020 Democrat has commented on Fairfax, though pretty much all have condemned Northam. Meanwhile, in the hearings to replace Kavanaugh in his old job, Democrats hyperfocus not on the nominee’s years on the bench, but on her now-politically incorrect articles written by the nominee in the 1990s, containing what they label as anti-feminist advice such as “a man who rapes a drunk girl should be prosecuted. At the same time, a good way to avoid a potential date rape is to stay reasonably sober.” We’ll leave judging the actual usefulness of such advice to those with daughters reading this.
Now imagine the potential for what we awkwardly call blackmail should an unscrupulous lobbyist confront a politician with some old photos, asking for a political favor. Need we demand candidates hand over their yearbooks along with their old tax forms as a bulwark against social media mob justice?
This is about the future, not Ralph Northam. How did the very serious business of #MeToo end up a political tool? How did we get to a place where old yearbook photos may overturn an election? Why are we accepting this as the way we’re conducting our democracy?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
A court just came close to acknowledging the First Amendment applies to social media. But there is still a lot of ground to cover to protect our free speech rights online.
In Davison v Randall, a local government official blocked a constituent from an “official” Facebook page. The court held this to be viewpoint discrimination, a 1A violation in a long-recognized category of unconstitutional speech restraint. Advocates like the ACLU and Knight Institute supported the case to bolster the argument Trump cannot block people on his Twitter feed; lower courts have agreed it is unconstitutional under the 1A for Trump to silence his critics this way. The Department of Justice is appealing, and the ACLU is happy to build precedent with smaller cases like Davison v Randall, as the Trump case almost certainly will wind its way to the Supreme Court.
The ACLU is likely to continue to prevail against Trump. The problem is while narrowly focusing on an individual politician’s responsibility not to block users with unpopular opinions, the courts continue to allow Facebook, et al, to do exactly the same thing on a much larger scale.
In the age of Trump, social media companies’ suspensions skew against conservative and libertarian commentators (I am permanently banned from Twitter) but Facebook could just as easily block all Sanders supporters, or anyone left handed for that matter. Despite this, and driven in part by the ACLU’s apparent desire to only disadvantage Trump and not enlarge 1A protections in ways that might empower his critics, the broader issues are being bypassed in favor of a narrower one.
The struggle to grow the 1A to cover social media has a history of piecemeal progress. One victory confirmed the status of social media, when the Supreme Court struck down a law making it a crime for registered sex offenders to use Facebook. Justice Kennedy wrote in Packingham v North Carolina social media is now part of “the modern public square.” Denying access violated the First Amendment.
But the decision made clear unconstitutional denial still has to come from the government. Facebook and others may deny those speech rights any time they want. The argument only the government is covered by the 1A seems to have reached its limit with technology that so grossly delineates whose literal finger clicks the mouse when the results and implications for free speech in our society are exactly the same.
Technology and market dominance complicate the 1A environment by giving greater power to a handful of global companies (currently all American but imagine the successor to Twitter based in Hong Kong with Chinese censors at the helm) even as the law seeks to crave the simplicity of the 19th century. That way of thinking requires willful ignorance that Facebook would never act as a proxy for the government, unconstitutionally barring viewpoints on behalf of a politician who would not be allowed to do it themselves.
Except it already happened. Following a hazy intelligence community assessment accusing the Russians of influencing the 2016 presidential election, Twitter and Facebook punished Russian media RT and Sputnik by banning their advertising in line with the government’s position the two did not deserve the protections of the 1A. Senator Chris Murphy got it. He demanded social media censor more aggressively for the “survival of our democracy,” with companies acting as proxies for those still held back by the First Amendment.
It may even seem to some a valid argument in the realm of social media. But when the same proxy idea appears in the flesh, the underpinning seems less acceptable. It is easy to see how the government using federal law enforcement to bar entry to opposition supporters at a town hall meeting held at some theater is unconstitutional. It is equally easy to see the president’s best friend hiring private security guards to do exactly the same thing would not pass a court challenge, yet that is basically what is currently allowed online.
The sub-argument the theater is private property and thus outside the 1A (just like Twitter!) does not hold up. The Supreme Court recognizes two categories of public fora: traditional and limited public forums. Traditional public forums are places like streets, sidewalks, and parks. Limited public forums are not traditionally public, but ones the government has purposefully opened to some segment of the public for “expressive activity.” Like that town hall meeting held in a private theater.
By inviting the public to Facebook for comment, the government transforms a private place into a limited public forum covered by the 1A. The Court only requires a “forum” for 1A purposes “to be private property dedicated to public use” or when the government “retains substantial control over the private property.” Like how the government cannot censor public library books even if the library is located in a private storefront. Like a Facebook page set up and administered by the government.
The most analogous example of how shallow the debate is comes from a technology of the 1980s, one originally expected to change the nature of debate: public access television. Before the Internet, it was envisioned privately-owned cable TV companies would make air time available to the public as “the video equivalent of the speaker’s soapbox.” Even though the channel and equipment used to produce the programming was privately owned, the programming fell under the 1A. The Court concluded “public access channels constituted a public forum, notwithstanding that they were operated by a private company,” the dead solid perfect equivalent of social media.
The faux public-private argument is being double-plus used as a work-around to prohibit disagreeable speech, say by labeling a conservative viewpoint as hate speech and letting @jack banish it. Millennials who celebrate Twitter not being held back by the 1A believe that power will always be used in their favor. But back to the law, which sees further than the millennial obsession with Trump. In City of Lakewood v Plain Dealer the Court held all that power was itself a 1A problem: “The mere existence of the licensor’s unfettered discretion, coupled with the power of prior restraint, intimidates parties into censoring their own speech, even if the discretion and power are never actually abused.”
The once-upon-a-time solution was to take one’s free speech business elsewhere. The 2019 problem is the scale of the most popular social media platforms, near global monopolies all. Pretending Facebook, which claims it influences elections, is just another company is to pretend the role of unfettered debate in a free society is outdated. Technology changed the nature of censorship so free speech is as much about finding an audience as it is about having some place to speak. In 1776 you went to the town square. In 2019 that’s on popular social media. Your unknown blog is as free, and irrelevant, as a Colonist making an impassioned speech alone in his barn.
Asking for the 1A to reach now to social media is in line with the flexibility and expansion the 1A has shown historically. For example, it wasn’t until the post-Civil War incorporation doctrine that the 1A applied equally to the states and not just the federal government. Some private institutions accepting federal funding are already covered by the 1A. The Supreme Court has regularly extended 1A protection to new and non-traditional speech, including nudity and advertising.
Facebook and others like it have become the censors the Founding Fathers feared. The problem is the ACLU and other advocates today apply political litmus tests to what speech they will defend. And so they aggressively seek to force the 1A into social media to prevent Trump from blocking users he dislikes, but they have not taken on cases which would force the 1A into social media to prevent Facebook and Twitter from blocking users whose conservative and libertarian ideas upset their own viewpoints.
The greater First Amendment challenge is thus stymied by politics, even while the problem only grows with the greater impact of social media. Yet the cornerstone of free speech, the critical need to have all views represented in a marketplace of ideas, has not changed. One hopes these core elements of our democracy will collide inside the Supreme Court in the near future. If not, the dangers of narrow, short term thinking, that Trump is the problem, not the one of access to free speech, will become more obvious.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Google might soon add its Terms of Service to the First Amendment.
A leaked document written by Google argues because of a variety of factors, including the election of Donald Trump, what they call the “American tradition” of free speech may no longer be viable. The document lays out how the company can act as the world’s “Good Censor,” protecting us from harmful content and, by extension, harmful acts like electing the wrong president again.
The document, which Google has officially characterized as research, is infuriatingly vague about whether the company has made any decisions or taken any action. So think of all this as a guidepost, like the Ghost of Christmas Future showing us the worst case scenario.
The company is talking about changing the rules so the freedom to speak will no longer exist independent of the content of speech. What you can say could depend on Google’s opinion of whether or not it will negatively affect others. To Google, the personal liberty of freedom of speech might need to be balanced against collective well-being. The company acknowledges for the first time it has the responsibility and power to unilaterally adjudicate this battle between “free-for-all and civil-for-most” versions of society.
We probably should be paying more attention to how they plan to do this, but because the document leaked on Breitbart, and because the initial rounds of censorship have impacted right of center, it has received little critical attention. But the significance of Google’s plans extends beyond the left-right fight; which content is censored is easily changed. If this plan is implemented, everything you will ever read online will be judged before it reaches you. Or doesn’t reach you.
The old ideas seem as archaic to Google (Facebook, Twitter, and their successors) as the powdered wigs the Founders wore when they wrote them. People should be free to say nearly anything they want. In the marketplace of ideas good will overpower bad. If we block one person’s speech, we can soon block others, right up to when it comes to us. The collective right to free speech is more important than an individual’s reaction to that speech. There is an uncomfortable duty to protect speech irrespective of its content.
Jefferson had a good run. Then the election of Donald Trump scared the free speech ideal out of Google. Could they have been… responsible… for helping elect a threat to democracy, the last president, someone who would shape-shift into a dictator? Should they have tried to stop him? Wouldn’t you have killed baby Hitler if you could have?
Under such circumstances, free speech is reimagined by many as a liability which bad actors will exploit judo-style, the tools of democracy used to destroy democracy. The Google document warns “online manipulation and disinformation influenced elections in more than 18 countries, including the U.S. [as] free speech becomes a social, economic and political weapon.”
The irony is the Internet was supposed to be, and maybe briefly was, the highest expression of what is now the legacy definition of unfettered speech. Anyone could start a website to stand alongside the .govs. One voice was as loud as anyone else’s, and search engines were the democratizing connective tissue. Google was created to organize the world’s knowledge, not help control it. Free speech flourished online. Government censors had real restrictions; we know them as borders.
Not so for global entities like Google. What doesn’t pass through their search engines or social media travels through their servers and cloud storage. There is no more pretending any but a minority of users can use another tool, or ignore the web, and still functionally live in the real world. Google sees itself at the nexus of this historic change, saying “Although people have long been racist, sexist, and hateful in many other ways, they weren’t empowered by the Internet to recklessly express their views with abandon.” We apparently can’t handle that, and Google is, for the first time in human history, in a position to do something about it. After all, they acknowledge they “now control the majority of our online conversations” so the Internet is mostly whatever they say it is.
At that point, Google worries, the “we’re not responsible for what happens on our platforms” defense crumbles. How much the last election was influenced doesn’t matter as much as the realization the tools are in place to do it more effectively next time. Existing laws can limit foreigners buying political ads stuffed with controversial news, but if Americans want to do the same thing laws not only don’t limit them, the legacy version of the 1A demands they be allowed to blast out hate speech and gendered bigotry. Something has to be done. Google’s document says they as the apex predator can now create online “well-ordered spaces for safety and civility.”
There is no one to stop them. It is very clear what private companies can do vis-a-vis speech; the argument is over what they should do. Thanks to Section 230 of the Communications Decency Act, Google is shielded from traditional publishers’ liability and responsibility. The 1A does not apply. No one at Google stands for election. Users matter only in the aggregate of millions of clicks. Google as the Good Censor would be accountable to pretty much no one (though the Supreme Court last week agreed to hear a long-shot case that could determine whether users can challenge social media companies on free speech grounds.)
As proof-of-concept – what they are capable of doing – the Google document cites Charlottesville. Following racial violence, Google, GoDaddy, and Cloudflare quietly ganged up to end their relationships with The Daily Stormer, “effectively booting it off the Internet.” Google noted “While some free speech advocates were troubled by the idea that ‘a voice’ could be silenced at its source, others were encouraged by the united front the tech firms put up.” Same with Alex Jones, as corporations serially kicked him off their sites. Facebook and Twitter also actively censor, with Facebook removing over 800 political pages for “coordinated inauthentic behavior,” an Orwellian term Facebook claims means they were not forums for “legitimate political debate.”
Google and the others aren’t acting in a vacuum. Some 69% of American college students believe intentionally offensive language should be banned. The ACLU now applies a litmus test to cases it defends, weighing their impact on other rights (for example, the right to say the N-word versus the rights of POC not to hear it), declaring free speech can be secondary to other political goals. As Google suggests, censorship has a place, per the ACLU, if it serves a greater good.
The document makes clear Google understands current censorship efforts have fallen short. Decisions have been imprecise, biased, and influenced by shares and likes. Yet while acknowledging they never will please everyone, Google is emphatic it can’t escape “its responsibility for how society functions and progresses.” So the document is rich in words like transparency and fairness as it wrestles with the complexity of the task, with Google envisioning itself as more an imperfect but benign curator than Big Brother. But like a bad horror movie, you can see the ending from miles away.
Eliminating voices to “not influence” an election is influencing an election. Once one starts deleting hate speech, there is no bottom to the list of things offensive to someone. Once you set your goal as manipulating thought via controlling information, the temptation to use that tool will prove great. Why not manipulate stock prices to fund “good” nonprofits and harm bad ones? Who should be elected in Guatemala? What’s the Google solution for that land dispute in St. Louis? It is so easy. Just placing links for one candidate above another in a test search increased the number of undecided voters who chose that candidate by 12%.
The cornerstone of free speech – the absolute right to speak remaining independent of the content of the speech – is now in the hands of corporate monopolies, waiting for them to decide whether or not to use the power. Where the Supreme Court refused to prohibit hate speech, Google can do so. Where the 1A kept the government from choosing what is and isn’t called true, Google may decide. Journalists can take a first pass at writing news, but Google is the one positioned to determine if anyone sees it. Like some TV murder mystery, Google is perched on the edge of a terrible decision, having tested opportunity, means, and method. All that’s left is the decision to pull the trigger.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
While Democrats refight the 2016 election, Republicans confirmed their second Supreme Court judge.
The soiled Kavanaugh confirmation process put Democratic strategy for the 2018 midterms in plain view. The question is will what hasn’t worked to date do any better for the Dems a month from now?
This week’s FBI investigation was never going to turn up much beyond incomplete recollections. Apart from liberal Twitter, all of whom are apparently trauma memory experts (last week they were scholars of perjury law), most people in Normal America have a hard time conjuring up long ago details. It is even harder to remember things that never happened. The FBI had done background investigations six times on Kavanaugh over a period of decades without uncovering any of what people said this week, so in reality, the investigation lasted 30 years. Democrats knew unless the FBI miraculously turned up a blue dress with semen stains on it, the facts by themselves were never going to be enough.
The investigation, like Trump’s taxes and Russiagate, was really just a way to turn a scar into a scab to pick at, enough of something to propel the story into another week. Then if no new smoking gun-let drops into the media’s lap, the script says claim the process itself was unfair – Putin stole the election, gerrymandering cheated the vote, the FBI wasn’t allowed to interview enough witnesses.
The real plan was always to force the confirmation into the mold Democrats think will win them the House, the same gambit they thought would deliver a landslide in 2016. And so Kavanaugh’s complex judicial record was discarded in favor of Clinton-esque, er, progressive, talking points: the election, um, sorry, the confirmation is all about respect for women, fighting misogyny, defeating privilege, too many White Men, Trump is evil, we can’t have an accused rapist in the White House, sorry, on the Supreme Court! Disqualification via demonization. The Kavanaugh hearings were an updated version of what was supposed to be the 2016 game-changer, the “pussy grabbing tape.” The Dems would give America another shot at having had it with the patriarchy.
It didn’t work. Despite endless bleating the hearings were a “job interview” (imagine the lawsuit after a Microsoft hiring manager pivoted from coding skills to accusing someone of being a drunk) the hashtags were not enough. Judicial temperament problems? The issue never came up in Kavanaugh’s long career. Even so, few courtroom situations turn a judge into a Senators’ punching bag; maybe a little righteous anger was called for? Some may even remember how Democratic voters abandoned presidential candidate Mike Dukakis when he was too dispassionate in his reaction to a question about someone assaulting his wife.
Things devolved too quickly from concern over Roe v. Wade to an attempt to catch Kavanaugh out on yearbook nomenclature. Dems convinced themselves it was conclusive when Maddow labeled Kavanaugh a liar over what “Devil’s Triangle” really meant in a suburban Maryland boy’s school in 1982. They imagined people would believe wrongly stating the drinking age in Maryland decades ago was perjury and not just a mistake. They thought people would care more if the pool of “victims” (i.e., anyone who saw Kavanaugh with a brewski) increased exponentially. Most everything serious was lost in a cloud of stupid.
It is a hard ask to get people concerned about health care as a life-or-death issue to take you seriously as a party when all you seem to care about is high school butt sex. Jester Michael Avenatti pushed things further into farce with an “accuser” whose credibility failed sitcom standards. Susan Collins specifically cited Avenatti’s actions as part of her decision to vote yes on Kavanaugh. Yet Democrats still see Avenatti as a useful idiot, a kamikaze working alongside them, without understanding he demeans the seriousness of everything he touches as a tabloid Midas.
It was little surprise the absurdity of it all was missed by the Dems. One Democratic strategist stated “identity politics has really become the ecology you’re operating in. Economics aren’t as dispositive as they used to be.” That makes sense only to a party banking its midterm strategy on voters not noticing the economy is doing pretty well. It follows pretending constant predictions of trade wars and real wars haven’t all turned out to be crying wolf. It starts to make sense America would go along with the idea a guy claiming he wasn’t a drunk in college means he’s a liar unfit to serve on the Supreme Court.
There were issues in Kavanaugh’s judicial history worth debating. Concern over Roe runs deep. But the Democrats spent little thought on that, failing to grasp while American demographics may be changing, they haven’t yet changed.
The only constituency re-energized over Kavanaugh is suburban liberal white women (accuser Ford could not have been more a Clintonite if Murphy Brown was reanimated out of the 1980s via a horcrux from Hillary herself), a group favoring the Democrats anyway. Apparently this group can also be counted on to ignore the likelihood a Democrat Senator outed Ford when she wanted to remain anonymous, and to overlook attempts to slut-shame high school girl Renate Schroeder on the grounds that if she was a pass-around then Kavanaugh was a non-virgin who screwed tramps like that. Same for the tsunami of criticism directed at Susan Collins, labeled a traitor to her gender to the point where people are donating money to her unknown opponent of the future. No one on CNN praised her as a courageous woman who made a thoughtful decision.
There seems little inside the Kavanaugh fight to specifically drive minorities, already understood as reluctant voters, to the polls. Millennial voters share a low historic turnout rate. If you can’t get a lot more than 1 out of 4 in a demographic to show up things are unlikely to work out (71% of Americans over 65 vote, skewing Republican, and the Kavanaugh saga could easily energize them into an even higher turnout). There seems little-to-no Democratic plan to shift these historical trends other than Trump rage, and the warm feelings of consensual hallucination embodied in social media aside, that failed again this week to affect a #RealWorld event.
“Purple” men moving to the Democrat side? One of the things which damaged the women’s movement in the 1980s and helped the Equal Rights Amendment (ERA; remember that?) to fail was an overemphasis on men as the enemy, a feature of the Kavanaugh process. Many women walked away from the feminist groups supporting the ERA, knowing the mantras “all men are rapists” and “Republicans hate women” just weren’t true.
This is what is happening now, when people who support Trump based on economics end up labeled fascists, people who support Kavanaugh based on his judicial history are rape apologists (or traitors), and people who support free speech are Nazis. Same as post-Parkland, when people who support the 2A were slandered as child killers. It’s deplorable. No one supports rapists or child killers. But few voters are willing to trust Democrats that see them as people who do.
The point of politics is to change people’s minds, not declare them unfit to walk among decent folk. Kavanaugh proved the Democrats (and their partnered media) are still unaware while this may be the year of #MeToo in Washington, New York, and Hollywood, it’s still just 2018 in West Virginia.
The Democrats failed in 2016 when they tried to make the election a referendum on Trump’s behavior. They failed again this week with the same strategy, even after elevating Kavanaugh to a psychopathic POTUS mini-me. With no tailwind from Russiagate, Democrats move toward November with little more than more of the same, throwing in some mumbled threats to impeach Kavanaugh off the Supreme Court (will that be before or after they impeach Trump?) if they take the House.
It’s bad enough to pick the wrong hill to die on. Even worse to do it three times.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
A leaky little “bird” inside Twitter tells me these are the tweets that got me banned for life.
I have no way of verifying this; official Twitter will not respond to my inquiries. I stand accused of dehumanizing several reporters (“targeted abuse”), using words to offend them into silence. It seems now you can judge for yourself, as it should be.
This whole series of threads started when Trump accused the press of being “enemies of the people,” followed by Glenn Greenwald reminding us how the media enables America’s wars.
The tweets about Sulome Anderson’s father, Terry Anderson, were cited as particularly offensive. If you don’t know his story, he was a journalist held hostage in Lebanon in the 1980s by Hezbollah. Sulome was in first grade when he was released.
It’s hard to avoid editorializing here, but I do want to point out how quickly the offended journalists and their friends tried to shift my words into “picking on women” and similar inaccurate accusations of misogyny. I’ll also point out Twitter allowed the journalists to freely dehumanize and insult me. Note also how these journalists react to a whistleblower confronting them with the admission government officials lie, and that they accept the lies. One of the journalists who attacked me, below, once even used me as a truth-telling source during the Iraq War. Oh well.
Click on each tweet to enlarge it.
NOTE: Blah blah, only part of the story, if those tweets are real, whatever. I’ll be happy to publish any official response from Twitter, any evidenced unofficial response, any evidence of altered tweets, and any additional tweets anyone can send me that enhance, enlarge, or refute the story. Your ball, push PLAY and go, or shut up.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
When I was in Iran earlier this year, the government there blocked Twitter, deciding for a whole nation what they can not see. In America, Twitter purges users, deciding for a whole nation what they can not see. It matters little whose hand is on the switch, the end result is the same. This is the America I always feared I’d see.
Speech in America is an unalienable right, and goes as deep into the concept of a free society as any idea can. Thomas Jefferson wrote of the right flowing from his notion of a Creator, not from government. Jefferson’s 18th century invocation is understood now as less that free speech is heaven-sent and more that it is something existing above government. And so the argument the First Amendment applies only to government and not to all public speaking (including private platforms like Twitter) is thus both true and irrelevant, and the latter is more important.
The government remains a terrifying threat to free speech. An Espionage Act prosecution against Wikileaks’ Julian Assange will create precedent for use against any mainstream journalist. The war on whistleblowers which started under Obama continues under Trump. Media are forced to register as propaganda agents. Universities restrict controversial speakers. The Trump administration no doubt will break the record (77%) for redacting or denying access to government files under the Freedom of Information Act.
But there is another threat to freedom of speech now, corporate censorship. It is often dressed up with NewSpeak terms like deplatforming, restricting hate speech, or simply applying Terms of Service. Corporations always did what they wanted with speech. Our protection against corporate overreach used to rely on an idea Americans once held dear, enshrined as “I disapprove of what you say, but I will defend your right to say it.” The concept was core to a democracy: everyone supports the right of others to throw ideas into the marketplace independent. An informed people would sort through it all, and bad ideas would be pushed away by better ones. That system more or less worked for 240 years.
For lack of a more precise starting point, the election of Donald Trump did away with near-universal agreement on defending the right to speak without defending the content, driven by a belief too much free speech helped Trump get elected. Large numbers of Americans began not just to tolerate, but to demand censorship. They wanted universities to deplatform speakers they did not agree with, giggling over the fact the old-timey 1A didn’t apply and there was nothing “conservatives” could do. They expressed themselves in violence, demanding censorship by “punching Nazis.” Such brownshirt-like violence was endorsed by The Nation, once America’s clearest voice for freedom. The most startling change came within the American Civil Liberties Union, who enshrined the “defend the right, not the speech” concept in the 1970s when it defended the free speech rights of Nazis, and went on to defend the speech rights of white supremacists in Charlottesville.
Not so much anymore. The ACLU now applies a test to the free speech cases it will defend, weighing their impact on other rights (for example, the right to say the N-word versus the rights of POC.) The ACLU in 2018 is siding with those who believe speech can be secondary to other political goals. Censorship has a place, says the ACLU, when it serves what they believe is a greater good.
A growing segment of public opinion isn’t just in favor of this, it demands it. So when years-old tweets clash with 2018 definitions of racism and sexism, companies fire employees. Under public pressure, Amazon removed “Nazi paraphernalia and other far-right junk” from its online store. It was actually just some nasty Halloween gear and Confederate flag merch, but the issue is not the value of the products — that’s part of any free speech debate — it’s corporate censorship being used to stifle debate by literally in this case pulling things out of the marketplace.
Alex Jones’ InfoWars was deplatformed off download sites where it has been available for years, including Apple, YouTube (owned by Google), Spotify, and Amazon, for promoting “hate speech.” Huffington Post wondered why more platforms, such as Instagram, haven’t done away with Jones and his hate speech.
That term, hate speech, clearly not prohibited by the Supreme Court, is an umbrella word now used by censorship advocates for, well, basically anything they don’t want others to be able to listen to or watch. It is very flexible and thus very dangerous. As during the McCarthy-era in the 1950s when one needed only to label something “Communist” to have it banned, so it is today with the new mark of “hate speech.” The parallels are chilling — it was in the McCarthy-era Hollywood created its infamous blacklists, actors and writers who could not work because of their political beliefs.
Twitter is perhaps the most infamous platform to censor its content. The site bans advertising from Russian media outlets RT and Sputnik. Twitter suspends the accounts of those who promote (what it defines as) hate and violence, “shadow bans” others to limit their audience, and tweaks its trending topics to push certain political ideas and downplay others. It regularly purges users and bans “hateful symbols.” There are near-daily demands by increasingly organized groups calling on Twitter to censor specific users, with Trump at the top of that list. The point is always the same: to limit what ideas you can be exposed to and narrow debate.
Part of the 2018 problem is the trust people place in “good companies” like Amazon, Facebook, and Twitter. Anthropomorphizing them as Jeff, and Zuck, and @jack is popular, along with a focus on their “values.” It seems to make sense, especially now when many of the people making decisions on corporate censorship are the same age and hold the same political views as those demanding they do it.
Of course people age, values shift, what seems good to block today might change. But the main problem is companies exist to make money and will do what they need to do to make money. You can’t count on them past that. Handing over free speech rights to an entity whose core purpose has nothing to do with free speech means they will quash ideas when they conflict with what they are really about. People who gleefully celebrate the fact that @jack who runs Twitter is not held back by the 1A and can censor at will seem to believe he will always yield his power in the way they want him to.
Google has a slogan reading “do no evil.” Yet in China Google will soon deploy Dragonfly, a version of its search engine that will meet Beijing’s demands for censorship by blocking websites on command. Of course in China they don’t call it hate speech, they call it anti-societal speech, and the propaganda Google will block isn’t from Russian bots but from respected global media. In the U.S. Google blocks users from their own documents saved in Drive if the service feels the documents are “abusive.” Backin China Apple removes apps from its store on command of the government in return for market access. Amazon, who agreed to remove hateful merch from its store in the U.S., the same week confirmed it is “unwaveringly committed to the U.S. government and the governments we work with around the world” using its AI and facial recognition technology to spy on their own people. Faced with the loss of billions of dollars, as was the case for Google and Apple in China, what will corporations do in America?
Once upon a time an easy solution to corporate censorship was to take one’s business elsewhere. The 2018 problem is with the scale of platforms like Amazon, near global monopolies all. Pretending Amazon, which owns the Washington Post, and with the reach to influence elections, is just another company that sells things is to pretend the role of unfettered debate in a free society is outdated. Yeah, you can for now still go through hoops to download stuff outside the Apple store or Google Play, but those platforms more realistically control access to your device. Censored on Twitter? No problem big guy, go try Myspace, and maybe Bing will notice you. Technology and market dominance changed the nature of censorship so free speech is as much about finding an audience as it is about finding a place to speak. Corporate censorship is at the cutting edge of a reality targeting both speakers (Twitter suspends someone) and listeners (Apple won’t post that person’s videos made off-platform). Ideas need to be discoverable to enter the debate; in 1776 you went to the town square. In 2018 it’s Twitter.
In the run up to the midterm elections, Senator Chris Murphy, ironically in a tweet, demanded social media censor more aggressively for the “survival of our democracy,” implying those companies can act as proxies for those still held back by the First Amendment. We already know the companies involved can censor. The debate is over what happens when they do.
A PERSONAL NOTE: Some readers are aware I have been permanently suspended from Twitter as @wemeantwell. This followed exchanges with several mainstream journalists over their support for America’s wars and unwillingness to challenge government lies. Twitter sent an auto-response saying what I wrote “harasses, intimidates, or uses fear to silence someone else’s voice.” I don’t think I did any of that, and I wish you didn’t have to accept my word on it. I wish instead you could read what I wrote and decide for yourself. But Twitter won’t allow it. Twitter says you cannot read and make up your own mind. They have in fact eliminated all the things I have ever written there over seven years, disappeared me down the Memory Hole. That’s why all censorship is wrong; it takes the power to decide what is right and wrong away from you and gives it to someone else.
I lost my career at the State Department because I spoke out as a whistleblower against the Iraq War. I’ve now been silenced, again, for speaking out, this time by a corporation. I am living in the America I always feared.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
More than a few people have cited the exchange above as justification for my forever trip down the Memory Hole, my ban from Twitter. I used to be there as @wemeantwell.
My bad zombie joke about #MAGA, or anything else I wrote that was flippant, is not writing I’m proud of. But ask yourself if indeed what I was doing, in the words of Twitter’s auto-response to me, “harasses, intimidates, or uses fear to silence someone else’s voice,” or if I was just being rude and childish. Ask yourself if whatever I did means you can never read anything I’ve written on Twitter over the past seven years, if it means I should never be allowed to write there again.
Does it justify censorship?
Before you say yes, keep in mind that Twitter allows you to block me, mute me, never see me again. That’s your decision, and good for you, and good riddance to me. But censorship takes that decision out of your hands, and allows Twitter to make it on behalf of literally the entire planet.
Though the “he called me human garbage first” excuse is pretty weak, it is useful to show the context of my allegedly game-changing Tweet. I think anyone who has dipped into the sticky waters of Twitter, or lived as an adult on earth, has heard much worse. I think also my line about a MAGA guy eating someone’s face can be seen by reasonable people as a rhetorical slap, not a literal invitation to zombie attack.
Think of it like people saying “Go kiss my ass!,” or “F*ck yourself.” I don’t think in those instances anyone expects you to contort and smooch the buttocks or to perform a unilateral sex act. There’s a difference between saying “Go jump in a lake” to end an argument and an invitation to go swimming.
But corporate censorship needs only the finest of hooks. Twitter is happy to allow calls for white genocide by New York Times editorial board member @SarahJeong, “understanding” they are not literal, while being shocked — Shocked! — to see me invoke a scene from Fear the Walking Dead.
And anyone who thinks I was banned for simply being rude on Twitter does not understand much about the point of censorship.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Some readers are aware I have been permanently suspended from Twitter as @wemeantwell.
This followed exchanges with several mainstream journalists over their support for America’s wars and unwillingness to challenge the lies of government. After two days of silence, Twitter sent me an auto-response saying what I wrote “harasses, intimidates, or uses fear to silence someone else’s voice.”
I don’t think I did any of that, and I wish you didn’t have to accept my word on it. I wish instead you could read what I wrote and decide for yourself. But Twitter won’t allow that. Twitter says you cannot read and make up your own mind. They have in fact eliminated all the things I have ever written there over seven years, disappeared me down the Memory Hole. That’s what censorship does; it takes the power to decide what is right and wrong away from you and gives it to someone else.
Hate what I write, hate me, block me, don’t buy my books, but please don’t celebrate handing over those choices to some company.
I lost my career at the State Department because I spoke out as a whistleblower against the Iraq War. I’ve now been silenced, again, for speaking, this time by a corporation. I am living in the America I always feared.
UPDATE: I’ve made a mistake. I was wrong to criticize the government, wrong to criticize journalists, wrong to oppose war. In fact, after much reflection, I have come to understand that I Love Big Brother.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The United States government seems to have a real thing for social media and terrorism, stoutly believing if only they could “take out” Twitter the global jihadi movement would collapse. Or something like that. Maybe it’s Instagram?
Social Media vs. Jihad
But while Trump talks the talk, Obama walked the walk.
You may not know it, but since December the United States quietly changed the standard online entry form (ESTA) used by U.S. Customs and Border Protection, a part of your neighborhood Department of Homeland Security.
The question added is “Please enter information associated with your online presence — Provider/Platform — Social media identifier.” The question is for all foreign travelers’ who use the visa waiver (visa-free) system for admission into the U.S. The form is not used for American citizens.
The form also asks for info on citizenship, passport data, and contact information in the U.S., along with hilarious questions inquiring if the traveler is coming to the U.S. to commit espionage, sabotage or terrorism (seriously; see here). Not so many people answer Yes.
The entry process for all foreigners already includes fingerprinting, photographing, an in-person interview, and numerous database checks.
The U.S. government had 77.5 million foreign visitors in 2015. Collecting social media accounts for all visitors is producing one of the largest government-controlled databases of its kind.
And even though the social media question is voluntary, apparently most travelers have been filling in the blank out of fear of calling attention to themselves and prompting further attention at the border.
As a reminder to all those who bark fascism at every turn: this change went into effect by order of the Obama administration, not Trump’s.
And who is having their social media examined? Citizens from the visa-waiver countries. No, no, not those naughty people from the Seven Banned Muslims nations, but American allies like Japan, the UK, Germany and the like. And guess what? There’s not been a word of protest, not a single court challenge. It’s almost as if people paid no attention to any of this before Trump came long.
Mohammed Atta on Twitter?
According to the rules, the new info “will be an optional data field to request social media identifiers to be used for vetting purposes, as well as applicant contact information. Collecting social media data will enhance the existing investigative process and provide DHS greater clarity and visibility to possible nefarious activity and connections by providing an additional tool set which analysts and investigators may use to better analyze and investigate the case.”
So the concept is that Mohammed Atta (for example) rolls up to the Customs checkpoint at the airport, and jots down his Twitter handle as @terrorist911 and then enters the U.S. to resume his flight lessons. Someone from Customs later trolls Atta’s account to discover “Shout out to all the brothers, gonna lay down some whoop ass on Septemb–” Ah poo, only 140 characters, now we’ll never know.
Image Courtesy of Edward Snowden
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
So what better use of taxpayer money and time than for your State Department to make idiotic holiday videos?
Acting like an asshat is something of a State tradition year-round, but these annual videos seek to memorialize it. The very broad theory is that these things “humanize” American foreign policy in a way drones do not, and because they get lots of “clicks,” prove those foreigners really do love us after all. Of course, lots of people slow down for gory car wrecks, too.
A theme this year is American Embassy staff acting wacky and speaking their host country’s languages poorly, and thinking that is hilarious. Why, those goofy foreign words! Good thing everybody overseas speak English, amiright? Can anyone imagine a foreign ambassador in the United States going on YouTube and speaking sad, broken English like he’s Sasha Baron Cohen? Hah, the comedy Christmas Americanski joking time!
Anyway, it’s social media and that’s a good thing, right?
Those who are worried about the loss of respect for America under the coming administration should console themselves knowing there is little left to lose.
The loquacious American ambassador in Seoul:
Tokyo, featuring the ambassador dressed as Santa:
And here’s the U.S. Embassy crowd in Manila (skip ahead to about 1:00 for wacky funs)
Maybe Norway:
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Did you see what Trump just tweeted out? Buzzfeed’s got it, and some guy over at Daily Kos is totally losing his mind replying. It’s Donald Trump’s Internet, and we’re allowed to watch. And retweet.
Trump has done more than become the most prolific social media communicator in political history. He has discovered the Holy Grail of presidential-media relations: the ability to ignore the whole damn Fourth Estate. This is a new paradigm for political power, one that at a minimum pushes the media another circulation drop closer to irrelevancy. Oh well, they’ll always have the weather and sports to report. Craigslist already took the classifieds away.
The latest online thrust by Trump has been a series of tweets directed personally against a reporter who said the president-elect claimed without evidence his popular vote total suffered because of extensive voter fraud. Jeff Zeleny, CNN’s chief Washington correspondent, said Trump was a “sore winner,” adding the president-elect had “zero evidence” to back his claim he won the popular vote. Commentators agreed with Zeleny, saying Trump’s ego couldn’t accept the insult of losing the popular vote.
Trump responded with a series of tweets and retweets condemning Zeleny. All of the tweets saw “likes” in the tens of thousands, and endless websites excerpted and embedded them out to an even larger audience. Just another episode in the Trump reality show, right?
Wrong.
As the media missed the overall populist appeal of Trump right up until election night, so are they missing the populist power he is wielding and likely will continue wield via social media for the next four years.
While Obama claimed the title of first “Internet president” by virtue of his online fundraising, brilliant datamining, and seeding of the 24-hour news cycle, the bulk of his efforts were essentially repurposing technology to do the traditional things politicians have always done, albeit faster and better. Evolution, not revolution.
Trump has discovered something much, much bigger: he does not need to depend on the media to communicate to the electorate. As the once-upstarts such as HuffPo, Buzzfeed, and the Daily Beast pushed the TV networks into the background, so now is social media Trump-style stepping forward.
Sure, OK, the Internet is a powerful tool for global communication, social media blah blah blah, Kanye something something Instagram, this stuff’s taught now in Communications 101: The Modern Age at community college.
But social media for Trump is not simply a display board to pin policy statements to as Obama has used it. Social media is a tool that first allows Trump to bypass everything and speak to individual citizens/voters, and then force the traditional media to amplify what he says as part of its own thirst for “content.” There really isn’t any news anymore when Trump has it on Twitter as his own scoop. Ignore the tweets so as to starve the beast? The worry is more that the audience will ignore you because they can read the tweets themselves.
Every president who’s left a record has expressed some level of disdain for the media of his day, and a desire to circumvent it. But no president could afford to ignore them, or to truly anger them. Influence them, of course: presidents would leak juicy stuff to one reporter, cut off another, but at the end of the day media and the president needed each other to do their respective jobs. A president would once upon a time have had to be careful chiding a columnist for the New York Times to her face for fear of being slaughtered on the editorial page. President Lyndon Johnson, after hearing CBS anchorman Walter Cronkite had spoken out against the War in Vietnam, famously said, “If I’ve lost Cronkite, I’ve lost the country.”
Access now only has to be courted one way. Trump can afford to insult reporters because he no longer has any real need for them, except perhaps as foils for his anti-establishment rhetoric. He treats them with contempt because in his mind, all they really do is retweet him. Who cares what CNN’s Jeff Zeleny, thinks of you? How many followers on Twitter does he have anyway? Zeleny = 135k. Trump = 16.3 million.
Trump has also mastered, via social media, the art of Internet logic. His tweets often read like the “Comments” section on some political blog. Make a bold statement unsupported by facts. When challenged, demand the challenger provide proof you’re wrong (often meaning to prove the negative) and then mock them if they don’t respond. Dispute sources, not facts — X can’t be true because it was reported by a media outlet that favored Clinton. Attack ad hominem, and goad others into doing the same. The enemy isn’t just CNN, it is Jeff Zeleny himself. Then stand back and disavow what happens, up to and including death threats. And, for the triple score, issue an appeal for calm with a conspiratorial wink.
Social media Trump-style also offers the unprecedented ability to control the agenda. Should a troublesome story appear, a handful of bombastic tweets changes the conversation. If no one seems to be listening after some rude remarks about the musical Hamilton run their course, just yell louder — flag burners should lose their citizenship! All in real, real time; Trump is no stranger to sending out 140 characters of white noise at 3 am.
With its reliance on “friends” and “followers,” social media also creates a personal bond between Trump and individual Americans not really experienced since Franklin Delano Roosevelt’s Depression-era fireside chats. As those radio broadcasts brought Roosevelt into the living room, Trump’s tweets put his policies, opinions and rants into the same feeds as Aunt Sally talking about Christmas plans. It creates intimacy, and by association (who doesn’t like Aunt Sally), may increase trust.
And make no mistake about it; unlike most politicians’ social media, which sounds like robotic ad-speak, Trump’s tweets come from Trump. It’s him talking to you. Look at many of the responses to Trump on social media; people are writing back to him in the first person, using the informal language of the web. This is a personal connection. He is part of your world and part of your day. And unlike TV, you can speak back to him, and maybe get an answer of sorts; Trump has been known to retweet messages from his followers.
While many will advise him to tone it down, or perhaps switch his Twitter to a more “presidential model,” it seems unlikely Trump would set the whole thing aside when the clock strikes midnight on inauguration day. These are very powerful tools. They played a significant role in electing Trump. They will allow him for four years to pick and choose how and when, or if, he wants to engage with the traditional media. With that on one side of the scale, and with Trump being both the president, and, well, being Trump, who is going to make the argument that pulling back is in Trump’s interest?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Now if we can just stop them from blowing stuff up all the time, this thing is in the bag.
Social Media Uber Alles
Despite the reality that propaganda in wartime is as old as dirt, America collectively is freaking out because a lot of ISIS’ takes place on social media. The elderly and feeble who run our government do not understand The Online gizmos and thus are terrified of them and declare they must be turned off with a big switch somewhere.
The young who serve them and understand little outside their own online bubbly life, all want to get ahead and so are eager to “engage” in online warfare with ISIS as if it was all just a cooler version of Pokemon Go.
So it was without meaning or surprise that the Obama Administration announced that Twitter traffic to pro-ISIS accounts has fallen 45 percent in the past two years.
American Strikes Back in the Twitter Wars
See, two years ago the administration put together an international coalition that’s mostly just America to fight ISIS, with one of the goals being to discourage the popularity of the group online. The “coalition” has been unsuccessful, making “gaffes” that seem, um, amateur. For example, a lot of the content was written solely in English, which sort of didn’t help in that a lot of ISIS people read only Arabic or whatever Chechens speak.
The State Department, who is in charge of all this media-ing, also spent $1.5 million of your taxpayer money earlier this year making a TV drama for Afghans saying ISIS is bad. Silicon Valley executives even met with top government officials to “game out” strategies to counter Islamic State online.
There’s been ever so much “messaging” over the last two years. One example is that in honor of #HumanRightsDay 2015, the State Department’s “Think Again Turn Away” program Twittered and Facebooked out the message of Ayaan Hirsi Ali, a discredited Islamophobe who says things like Islam itself is a death cult. In 2007, she called for the west to destroy Islam using military force.
Also, in a whole-of-government effort, everyone calls ISIS “Daesh,” which supposedly is a meany word in Arabic. I guess the idea is that in a war for minds, sending every ISIS fighter to bed angry at being called a name by the Secretary of State is a thing.
But It’s All Better Now
According to an Administration spokesperson, the coalition now uses “memes” — like a teddy bear that says ISIS “slaughters childhood” — written in Arabic. And Anonymous declared war on ISIS with, most recently, a member shaming ISIS by hacking their accounts and posting sexy photos of women. The same group once hacked an ISIS web site and replaced it with a Viagra ad. Laffs!
The only problem of course is that ISIS seems to have no problem recruiting people to replace those killed by the “coalition.” Could it be… that U.S. actions on the ground stomping on Muslims, and U.S. actions from the air droning women and children, and U.S. actions garrisoning Muslim lands, could possibly play more of a role in ISIS recruitment than 140 characters on Twitter?
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