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First Amendment rights Internet controversy regulation

Hating X: The Naked Truth

Why do so many U.S. Democrats, like some Europeans, want to outlaw X?

The current stage of the U.S. assault on the social media platform formerly known as Twitter takes the form of senatorial demands that X be removed from iOS and Android app stores.

Why the enmity? 

Well, under the ownership of Elon Musk, X lets people say and write stuff that Democrats dislike. Such as criticism of Democratic policies and politicians, just the kind of speech the First Amendment was drafted to protect. (Criticism of Republican, Libertarian, communist, and anarchist policies and politicians? Also protected.)

The rationalization for the proposed ban is that X’s AI software, Grok, can generate pictures of nude or nearly nude people.

The ability to generate such images is hardly unique to this particular chatbot. If X is to be banned from app stores because of the possibility that users may post generated nudes on the platform, many more social media platforms would, logically, also have to be snared by the censorship net.

Yet, reports Reclaim the Net, the letter sent to the CEOs of Apple and Google “by Senators Ron Wyden, Ben Ray Luján, and Ed Markey asked the tech giants only about X and demanded that the companies remove X from their app stores entirely.”

Unsurprisingly, X has announced that the nude-​ifying feature of Grok has been limited. I asked Grok, and it said that “there is now a taboo/​restriction on generating or editing nudes (or near-​nudes/​revealing attire) of real, existing people from photos. It will refuse prompts to digitally ‘undress’ or sexualize identifiable real individuals. Attempts often result in refusal, blurring, or error messages.”

Fixed?

This is Common Sense. I’m Paul Jacob.


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First Amendment rights international affairs social media

Don’t Pay, Don’t Play

The European Commission is fining the X platform 120 million euros (140 million dollars), for “transparency failures”: not sharing advertising and user data with the EU and not making it easy to censor account holders.

As Reclaim the Net reports, the European Union wants platforms to open themselves to what it calls “independent research.” In practice, this means that “academics and NGOs, often with pro-​censorship political affiliations” get special access to the data, “exactly the kind of surveillance the [Digital Services Act] claims to prevent.… The EU is angry that X is not policing speech the way it wants.”

My advice to Elon Musk is to shut down X (formerly Twitter) throughout the EU. And refuse to pay the fine.

X’s departure from the EU wouldn’t need to be permanent. For the censors would then have not only X and its uncooperative CEO to contend with; suddenly, a pro‑X lobby of millions of Twitterers would be putting pressure on the censors.

The chances of unilateral surrender by the EU? Pretty high. And that’s the only kind of surrender Musk should accept.

If he agrees to even a little EU repression in return for lifting of the fine, that could lead to a total loss for the freedom-​of-​speech side; the bureaucrats, spies, and busybodies would likely take that seemingly marginal concession and relentlessly work to enlarge it.

Accept only total victory. And be ready to again leave the EU the instant the EU-​crats resume their attacks.

This is Common Sense. I’m Paul Jacob.


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Germany Versus X

The question is freedom of speech. Many German officials are opposed. Twitter‑X, or X, is in favor.

As Reclaim the Net summarizes the case, “German prosecutors are testing whether the reach of their censorship laws can outstrip the guardrails of international treaties.”

These prosecutors have been going after three X managers for alleged “obstruction of justice.” This obstruction consisted of refusing to immediately give prosecutors data on users who utter government-​disapproved speech.

The X managers have been adhering to the provisions of a bilateral treaty, the Mutual Legal Assistance Treaty, under which the German requests are to be reviewed in U.S. legal channels before X can be forced to comply. Which increases the chances that X will not be forced to comply.

The prosecutors regard the managers’ refusals as a form of criminal interference. The legal and constitutional issues are now being battled over in German courts.

This is the German government which has been in the news for raiding the homes of people who post sentiments online of which the government disapproves.

That X is not meekly obeying orders to violate the trust of account holders and turn over their private information has upset German advocates of censorship. One MP, Anna Lührmann of the Green Party, says that X’s resistance to censorship is a “scandal” that “goes against fair competition and puts our democracy at risk.”

I don’t think, though, that democracies fail to be robust as they become more like dictatorships. Germany has it all inverted.

This is Common Sense. I’m Paul Jacob.


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X Marks the Censor

The European Union’s censors are outraged that Elon Musk’s social media platform, Twitter‑X, flouts their demands to gag users.

So they’re gearing up to fine X more than a billion dollars. The EU will also be demanding “product changes.”

Another EU investigation reported by The New York Times “is broader and … could lead to further penalties,” but amounts to the same thing: punishing Musk’s free-​speech company for disobeying orders to prevent and punish speech.

All this is rationalized by a new EU law to compel social media platforms to police users. One would be hard put to find a clearer case of governmental censorship-​by-​delegation. It’s not even taking place behind closed doors, as was the case regarding the U.S. Government and Twitter before Mr. Musk bought the platform. 

These European censors brag about it.

X says it will do its best to “protect freedom of speech in Europe.”

If push comes to shove and EU goons do not back down, what X should do has been indicated by the smaller platforms social media platforms Gab and Kiwi Farms.

First, refuse to pay a penny of any imposed fine. 

Second, block access to X within the European Union, advising all account holders who try to log on why having an EU IP address is now a bad idea and why using a good virtual private network (VPN) to access X is now a good idea.

By disguising point of origin and encrypting traffic, a good VPN can help people living under tyrannical regimes like the European Union to evade censorship.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights national politics & policies

Say No to Reich-​Harris Reich

Freedom of speech is constantly embattled.

Just one example: government-​instigated stomping on social-​media speech in recent years, proof of which has been revealed thanks to litigation, freedom of information requests, and the purchase of Twitter by a friend of free speech.

But the embarrassing revelations have not caused our censors to retreat.

They’re not trying to censor people, they suggest, just trying to stop lies, hate, misinformation. And now Robert Reich, former Secretary of Labor, wants to arrest Elon Musk for resisting censorship as Twitter’s new owner.

Reich says: “Regulators around the world should threaten Musk with arrest if he doesn’t stop disseminating lies and hate on X.”

Reich has also said that we must regulate speech to “direct people’s attention … to a healthy public conversation that is most participatory.” As Jonathan Turley observes, “the ‘healthy public conversation’ with Robert Reich increasingly appears to be his talking and the rest of us listening.”

Would “regulators around the world” include U.S. regulators? Since the First Amendment has yet to be rescinded, perhaps Reich would prefer other countries to handle imprisoning Elon Musk for letting people speak “too” freely. But I’m guessing Reich would be fine with a U.S. arrest.

Reich would fit right in with a Harris administration, if we get one, led by a woman who calls the First Amendment a “privilege” and has lamented that social media sites are “directly speaking to millions and millions of people without any level of oversight and regulation.” Which, she declares, “has to stop.”

Something has to stop.

This is Common Sense. I’m Paul Jacob.


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ideological culture Internet controversy social media

Die, Disney, Die!

Disney is taking big financial losses, after a series of bombs on the silver screen and on its own channel, including a billion on last year’s four film fiascos.

Why?

The company went super-​woke. And could, therefore, go broke.

Or, says Patrick Ben David, become a “zombie company,” unable to make profits, kept alive only by low interest rates and the hope that Apple will buy it.

Nevertheless, Disney joined a group of major players pulling their advertising off Twitter, er, X.

Why?

Because X’s new owner, Elon Musk, favorably forwarded a tweet about anti-​white racism that was said, by many, to be antisemitic.

It’s the rage, now, not only to support Hamas’s terrorism but to excoriate Israel, Zionism, and even Jews in general, yet it was Musk’s forwarded tweet about how Jewish intellectuals and organizations too often support anti-​white rhetoric that panicked the big companies, including Bob Iger-​headed Disney.

Andrew Ross Sorkin, in an on-​stage New York Times interview, asked Mr. Musk to respond to all this. “I hope they stop,” Musk said. “Don’t advertise.”

Musk went on: “If somebody’s going to try to blackmail me, with advertising — blackmail me with money? — ‘go f**k yourself.’”

Then Musk repeated that command, using hand signals. 

“Is that clear? I hope it is.” Smiling, he added, “Hey Bob … if you’re in the audience.”

Mr. Sorkin pressed X’s owner on the consequences.

“What this advertising boycott is going to do is kill the company,” said Musk, amidst his usual stutters. “And the whole world will know that those advertisers killed the company — and we will document it in great detail.”

“But those advertisers are going to say, ‘we didn’t kill the company.’”

“Oh, yeah? Tell it to Earth.”

Musk explained that both he and the boycotters will make their cases, “and we’ll see what the outcome is.”

The idea is to take the culture war outside educational institutions, the news media, and government bodies, and to shove it into boardrooms everywhere. It’s a great game of chicken, buck buck buck. And, unlike Gale Wynand in The Fountainhead, Musk appears more than willing to lose his investment in X just to prove the point.

An interesting place we’ve come to. The insider elites, and the ideological left, seek to advance woke ideology even if it ruins their own companies, such as Disney, and squelch free speech, even if it means betraying every last principle of American liberty.

So, in this war with other people’s fortunes, take sides: die, Disney, die — before X, let’s hope.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights general freedom social media

Must Known Musk

Enthusiasts for prohibiting political dissent must know that the First Amendment protects the right to utter controversial speech.

They must know that there’s no constitutional loophole for speech that they disagree with. 

Another “must know”? That calling the public statements of political opponents “misinformation,” “disinformation,” “hate speech,” etc. is no substitute for open discussion.

They just don’t care. 

They just know that if they keep plugging away, struggling to muzzle the badspeech, they’re more likely to get their way than playing by the rules of free speech and open debate.

Their determination is well shown in a new California law, AB587, passed about a year ago. The law compels social media companies to institute moderation policies to squelch “hate speech,” “extremism,” “disinformation,” “misinformation,” “radicalization,” etc.

Although AB587 is anti-​transparently called a “transparency measure,” main author Assemblyman Jesse Gabriel admits the point: to force social media companies to “moderate or remove hateful or incendiary content on their platforms,” like “hate speech and disinformation.”

Since Elon Musk’s Twitter is affected by the new law, Musk is suing to block it.

According to his lawsuit, AB587 “compels companies like X Corp. [Twitter] to engage in speech against their will, impermissibly interferes with [their] constitutionally protected editorial judgments” and “has both the purpose and likely effect of pressuring companies … to remove, demonetize, or deprioritize constitutionally protected speech that the State deems undesirable or harmful.”

Politically, Mr. Musk has emerged as one of the country’s most frustratingly contradictory figures, often doing great things, sometimes very bad ones. With this lawsuit, even his enemies must know he is in the right.

This is Common Sense. I’m Paul Jacob.


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