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First Amendment rights general freedom social media

The Big Ask

With Twitter in the news, and revelation after revelation coming out about how governments and politicians used the social media giant to skew public opinion with algorithmic fiddling and outright bans, let’s not forget Facebook.

Adam Schiff hasn’t.

Last week, the Democrat Congressman from California, together with Senator Sheldon Whitehouse (D‑R.I.), sent what amounts to an open letter to Meta’s President of Global Affairs, Nicholas Clegg, urging Meta to maintain its commitment to keeping dangerous election denial content off its platform.

These Democrats worry that Facebook — Meta’s most successful product — might “alter or roll back certain misinformation policies, because they are temporary and specific to the election season,” say Schiff and Whitehouse.

Rollbacks on censorship, they say, “would be a tragic mistake. Meta must commit to strong election misinformation policies year-​round, as we are still witnessing falsehoods about voting and the prior elections spreading on your platform.”

Why “must” Facebook continue to patrol its platform, striking down or underplaying “unfounded election denial content”?

Schiff and Whitehouse assert that Donald J. Trump spreads “the Big Lie” and it would be a huge mistake to allow that lie to air on their platform. They don’t want Trump allowed back on Facebook.

It’s been just weeks since Trump was permitted back on Twitter, where he has not taken up his old hyper-​posting habits. Trump’s so far confining himself to his own “Truth Social” platform.

But as far as “the Big Lie” goes, would Schiff & Co. argue that The Epoch Times should also be censored? After all, in its coverage of this issue, by Frank Fang, the concluding section of the article was devoted to showing that Trump’s “Lie” might be in parts, uh, true.

Would Democrats ask Meta to suppress The Epoch Times, too?

Censorship is a hard habit to break.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

Rumble and FIRE

Federal officials feel entitled to demand the censorship of persons uttering renegade opinions about pandemics and elections. Local police officers feel entitled to arrest persons who commit parody against them.

And New York State officials now feel entitled to compel social-​media companies to restrict speech that the officials dislike.

The video-​sharing platform Rumble, dedicated to making the Internet “free and open once again,” is teaming up with the Foundation for Individual Rights and Expression (FIRE) in a lawsuit to stop the New York law.

The goal of AB A7865A is to force social media networks “to provide and maintain mechanisms for reporting hateful conduct on their platform.”

“Hateful conduct” is speech that some people dislike. Of course, even the most acidulous asseverations are protected by the First Amendment if they don’t entail actual violations of anyone’s rights. Gangsters and terrorists are not legally entitled to use speech, or anything else, to commit robbery or murder — certainly not on the specious grounds that they have rights to freedom of speech or to bear arms.

The new law is not about such things. Under it, if social-​media companies fail to provide ways for users to complain about “hateful” comments, they could be fined up to $1,000 per violation and investigated by the state attorney general.

Clearly, the law would institute a massive incentive to bury social platforms in fines and investigations if they permit the “wrong” kind of speech. The number of those easily offended by others is infinite.

Also infinite? Excuses for those in power to stomp on opposition speech.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

Minority Medical Opinion Squelched

The Bill of Rights was originally understood as curbing the power only of the federal government.

This began to change with the Fourteenth Amendment, which prohibits states from depriving persons “of life, liberty, or property, without due process of law.” Thanks to the “incorporation doctrine” interpretation of this amendment, provisions like the First Amendment now apply as much to state and local governments as to the federal government.

Except that many officials, disdaining these protections, simply ignore them.

So although obliged to make no law “abridging the freedom of speech,” California’s government is abridging the freedom of speech of doctors. A new law authorizes state medical boards to penalize doctors who utter speech contradicting “contemporary scientific consensus” about COVID-19.

Doctors are suing the Newsom administration to block the law from taking effect. According to their complaint, this anti-“misinformation” law would impede their ability to communicate with patients.

The doctors argue that the First Amendment protection of freedom of speech applies to expression of minority views as well as majority views; indeed, that minority views “particularly need protection from government censorship.”

Also that nobody can ever know “the ‘consensus’ of doctors and scientists on various matters related to prevention and treatment of COVID-19.”

Of course, free speech rights should protect even persons who say the moon is made of green cheese, let alone of those who disagree with official pronouncements about a vexing new virus and what to do about it.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights government transparency

Cough It All Up

The state attorneys general of Missouri and Louisiana sued the Biden administration for censorship. Thanks to the lawsuit, we’re learning more and more about how federal officials have pressed Big Tech social media companies to muzzle users who dissent from the Official Narrative about the pandemic.

Much of the evidence coughed up as a result of the litigation has taken the form of email exchanges. An official might email a social-​media rep something like: “We find this post disturbing. Can you do something about? Like maybe censor it?” The rep might double-​quick reply: “Done! Anything else I can do today to secretly help the government circumvent the First Amendment?”

Certain officials have been particularly central in the saga, including eight persons that a judge is now letting plaintiffs depose: Anthony Fauci, former press secretary Jennifer Psaki, FBI agent Elvis Chan, Surgeon General Vivek Murthy, Carol Crawford of the CDC, Daniel Kimmage of the State Department, and a couple of others.

During her tenure Psaki spoke openly about the Biden administration’s demand for more censorship of “misinformation,” which is the new code word for disagreement. So it’ll be hard to deny that she said that stuff.

Crawford is in charge of the CDC’s digital media activities, activities that included regular meetings with staff of social-​media companies.

Among other subjects, plaintiffs will be asking Anthony Fauci about an email exchange with Francis Collins discussing a “takedown” of the Great Barrington Declaration, which opposed lockdown policies.

I’m all ears.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights national politics & policies

Public-​Private Censorship Partnership

When government pays people to help censor critics of its policies and talking points, this makes it even more obvious that it’s acting to repress speech and violate the First Amendment.

Thanks to a recent lawsuit against the Biden administration, we have been seeing emails confirming that government officials routinely ask Big Tech to censor this and that.

Now, Just the News reports that government agencies and liberal groups such as Common Cause and the Democratic National Committee worked with a consortium of private groups — the Election Integrity Partnership — during the 2020 election season to target and censor social media posts.

The EIP “set up a concierge-​like service in 2020 that allowed federal agencies like Homeland’s Cybersecurity Infrastructure Security Agency and State’s Global Engagement Center to file ‘tickets’ requesting that online story links and social media posts be censored or flagged by Big Tech.”

About 35 percent of the many posts EIP flagged in 2020 were sanctioned in some way by Big Tech.

Millions of tax dollars have been funneled to consortium members to fund these efforts to censor “misinformation,” i.e., speech that government officials disapprove of.

The EIP remains active in 2022.

Of course, politically controversial speech is just the kind of speech that the Founders were concerned to protect. Madison and Mason didn’t expect that the ability to publicly debate whether Bach is better than Beethoven or the best way to shingle a roof would ever be in great jeopardy.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Internet controversy social media

Collusion!

Yes. Active collaboration every step of the way.

Material produced during the discovery phase of a lawsuit accusing the Biden administration of censorship is confirming what was already obvious: Big Tech’s ongoing censorship of social-​media opinion about the pandemic has been undertaken largely at the behest of government.

A few of the emails confirming this:

  • April 16, 2021. Twitter emails White House officials about briefing them on “vaccine misinformation.”
  • July 16, 2021. Facebook emails the surgeon general that “our teams met today to better understand the scope of what the White House expects from us on misinformation going forward.”
  • July 23, 2021. The Facebook official tells HHS how Facebook will be “increasing the strength of our demotions for COVID and vaccine-​related content that third party fact-​checkers rate as ‘partly false’ or ‘missing context.’ ”

There’s mucho mas where that came from.

The public does not yet possess the requested documents from the Department of Justice of communications between DOJ officials and social-​media officials. Getting those has been like pulling teeth. Why? Chances are 99.999 percent that they’ll only further confirm our thesis that over the last few years (at least) the federal government has been routinely violating the freedom of speech protected by the First Amendment. 

To do so, it delegates the job of gagging people to private firms in order to pretend that the coercive power of government is not itself being used to gag people. 

But marching orders are marching orders.

This is Common Sense. I’m Paul Jacob.


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