Category Archives: Free Speech

Free Speech For Me But Not For Thee….


Back in the early 1990s, Nat Hentoff wrote a book titled “Free Speech For Me But Not For Thee.” I loved it. 

Hentoff’s point was a popularized version of Law 101: liberty is indivisible.  If the government gets to decide who has a right, it isn’t a right at all–it’s a privilege that can be withdrawn. We all have freedom of speech–even despicable people voicing horrible opinions–or no one really does. (Someone should mention this to Ron DeSantis...)

Hentoff pointed out that those on the political Right–rabid as they are– aren’t the only would-be censors. He pointed to the anti-porn feminists who were active at the time, gays who supported blacklisting Anita Bryant, and various other enforcers of political correctness. When it came to college campuses, he endorsed a comment made by Clark Kerr when he was president of the University of California; Kerr said “The purpose of a university is to make students safe for ideas–not ideas safe for students.”

What triggered my recollection of Hentoff’s rigorous and intellectually-honest approach to free speech was the recent (mis)behavior of Elon Musk. Musk, a strikingly un-self-aware narcissist who likes to style himself a free speech purist, has demonstrated an understanding of free speech principles roughly on par with his understanding of how to manage a social network–that is to say, very little.

As the Daily Beast–among many others— reported, 

Self-described free speech maven Elon Musk discovered a new limit to his principles this week, after a Twitter employee publicly rebutted the billionaire’s explanation for slow app performance in many countries.

“He’s fired,” Musk declared on Monday morning.

According to The New York Times, 

Mr. Musk’s team was asked to comb through messages in Twitter’s internal chat platform and make a list of employees who were insubordinate, people briefed on the plan said. They also sorted through employees’ tweets, looking for criticism. Those deemed rule breakers received emails around 1:30 a.m. Pacific time on Tuesday, notifying them that they were fired, according to emails viewed by The Times…

Elon Musk says he wants free speech, but his track record suggests otherwise
Musk’s free speech advocacy seems to apply mostly to his own speech or that of his fans and promoters.

The firings of critics who made the mistake of exercising what they believed to be their freedom of speech followed significant cuts to Twitter’s contract work force–cuts that followed the wholesale firings upon completion of Musks 44 Billion dollar acquisition of Twitter, and preceded the recent mass resignations.  Many of the contractors who were terminated over the weekend worked on content moderation and data science and were let go without notice.

Pass the popcorn…

The obvious hypocrisy of a thin-skinned, self-styled free speech protector’s devotion to the First Amendment evaporating when someone dares to criticize him prompts a lot of schadenfreude as yet another narcissistic buffoon discovers that he doesn’t know half as much as he thinks he does.

Clearly, some men believe that being rich means they are smarter than everyone else about everything. (America watched for four years while Donald Trump–who has a lot in common with Elon Musk–demonstrated daily that he didn’t know diddly-squat about government and how it worked. ) Now we are watching Musk create chaos with his new toy–for which he vastly overpaid–as he learns the hard way that management of a social media platform involves skills beyond those needed to compose and send a tweet–not to mention compliance with legal regulations of which he was obviously unaware.

I don’t know how Musk came up with an offer of 44 Billion dollars for a platform that had rarely been profitable, but under his management, its finances have already gotten appreciably worse. Thanks to his boneheaded “blue check charge,” imposters have had a field day, and important advertisers have “paused” their spending. (That includes local giant Eli Lilly, after phony Lilly tweets promising free insulin were left up for hours.) Others who aren’t currently advertising on the platform include Macy’s and General Motors. Omnicom Media Group, composed of agencies representing companies like PepsiCo and McDonald’s, urged its clients to halt activity on Twitter. Omicron warns that risks have “risen sharply to a level most would find unacceptable.”

Meanwhile, Musk’s increasingly frantic efforts to avoid bankruptcy and the effective destruction of Twitter are all playing out in public–and it is the public humiliation he is trying to avoid (or at least moderate) by firing employees who dare to criticize or disagree with him.

Too bad Nat Hentoff died in 2017. He’d have had some pretty pithy observations about Elon Musk’s version of free speech. He’d probably even share my popcorn.  

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The New Gatekeepers?

Speaking of media and information failures…

Any competent historian will confirm that propaganda and misinformation have always been with us. (Opponents of Thomas Jefferson warned that bibles would be burned if he were elected). The difference between that history and the world we now occupy is, of course, the Internet, and its ability to spread mis- and disinformation worldwide with the click of a computer key.

As a recent column in the New York Times put it, the Internet has caused misinformation to metastasize.

The column noted that on July 8, Trump had taken to Truth Social, his pathetic social media platform, to claim that he had really won the 2020 presidential vote in Wisconsin, despite all evidence to the contrary. Barely 8000 people shared that “Truth.” And yet 

Within 48 hours of Mr. Trump’s post, more than one million people saw his claim on at least dozen other sites. It appeared on Facebook and Twitter, from which he has been banished, but also YouTube, Gab, Parler and Telegram, according to an analysis by The New York Times.

The spread of Mr. Trump’s claim illustrates how, ahead of this year’s midterm elections, disinformation has metastasized since experts began raising alarms about the threat. Despite years of efforts by the media, by academics and even by social media companies themselves to address the problem, it is arguably more pervasive and widespread today.

It isn’t just Facebook and Twitter. The number of platforms has proliferated. Some 69 million people have joined those like Parler, Gab, Truth Social, Gettr and Rumble, sites that brag about being “conservative alternatives” to Big Tech.  And even though many of those who have flocked to such platforms have been banned from larger sites, “they continue to spread their views, which often appear in screen shots posted on the sites that barred them.”

When the Internet was in its infancy, I was among those who celebrated the diminished–actually, the obliterated–role of the gatekeeper. Previously, editors at traditional news sources–our local newspapers and television news stations–had decided what was newsworthy, what their audiences needed to know, and imposed certain rules that dictated whether even those chosen stories could be reported. The most important of those rules was verification; could the reporter confirm the accuracy of whatever was being alleged? 

True, the requirement that news be verified slowed down reporting, and often prevented an arguably important story from being published at all. Much depended upon the doggedness of the reporter. But professional journalists– purveyors of that much derided “lame stream” journalism–were gatekeepers preventing the widespread dissemination of unsubstantiated rumors, conspiracies and outright lies.

Today, anyone with a computer and the time to use it can spread a story, whether that story is verifiable or an outright invention. We no longer have gatekeepers. Even the larger and presumably more responsible platforms are intent upon generating “clicks” and increasing “engagement,” the time users spend on their sites. Accuracy is a minor concern, if it is a concern at all.

The Wild West of today’s information environment is enormously dangerous to civil society and democratic self-government. But now, an even more ominous threat looms: Billionaires are buying social media platforms. Elon Musk, currently the world’s richest man, now owns Twitter, “a social media network imbued with so much political capital it could fracture nations.”

It’s a trend years in the making. From the political largess of former Facebook executives like Sheryl Sandberg and Joel Kaplan to the metapolitics of Peter Thiel, tech titans have long adopted an inside/outside playbook for conducting politics by other means.

 But recent developments, including Donald Trump’s investment in Twitter clone Truth Social and Kanye West’s supposed agreement to buy the ailing social network Parler, illustrate how crucial these new technologies have become in politics. More than just communication tools, platforms have become the stage on which politics is played.

The linked article was written by Joan Donovan, research director of Harvard Kennedy School’s Shorenstein Center on Media, Politics and Public Policy, and it details the multiple ways in which these billionaires can deploy the power of social media to the detriment of American democracy. As she concludes:

In many ways, the infamous provocateur journalist Andrew Breitbart was right: politics are downstream of culture. To this I’d add that culture is downstream of infrastructure. The politics we get are the ones that sprout from our technology, so we should cultivate a digital public infrastructure that does not rely on the whims of billionaires. If we do not invest in building an online public commons, our speech will only be as free as our hopefully benevolent dictators say it is.

A world in which Peter Thiel and Elon Musk are informational gatekeepers is a dystopian world I don’t want to inhabit.

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The Library And The Culture War

Over the years, I have come to admire two professions above most others: social workers and librarians. The social workers I’ve come to know are simply wonderful human beings–compassionate, caring and non-judgmental. (If we admire traits we personally lack, that would explain my awe about that “non-judgmental” thing…) The librarians I know are dedicated protectors of the First Amendment, and absolutely fearless defenders of our right as individuals to access whatever information interests us.

The traits of both professions are obviously anathema to the White Christian Nationalists who control today’s GOP . Those culture warriors are especially intent upon controlling what other people can read, and that single-minded devotion to cultural control brings them into fairly regular conflict with librarians and the mission of the nation’s libraries, so I suppose I shouldn’t have been shocked by a recent headline from The Guardian: US library defunded after refusing to censor LGBTQ authors: ‘We will not ban the books.’

A small-town library is at risk of shutting down after residents of Jamestown, Michigan, voted to defund it rather than tolerate certain LGBTQ+-themed books.

Residents voted on Tuesday to block a renewal of funds tied to property taxes, Bridge Michigan reported.

 The vote leaves the library with funds through the first quarter of next year. Once a reserve fund is used up, it would be forced to close, Larry Walton, the library board’s president, told Bridge Michigan – harming not just readers but the community at large. Beyond books, residents visit the library for its wifi, he said, and it houses the very room where the vote took place.

“Our libraries are places to read, places to gather, places to socialize, places to study, places to learn. I mean, they’re the heart of every community,” Deborah Mikula, executive director of the Michigan Library Association, told the Guardian. “So how can you lose that?”

What was the library’s sin? It refused to remove materials about sexual orientation from its shelves–materials that the residents asserted were “grooming” children to adopt a “gay lifestyle.”

The controversy in Jamestown began with a complaint about a memoir by a nonbinary writer, but it soon spiraled into a campaign against Patmos Library itself. After a parent complained about Gender Queer: a Memoir, by Maia Kobabe, a graphic novel about the author’s experience coming out as nonbinary, dozens showed up at library board meetings, demanding the institution drop the book. (The book, which includes depictions of sex, was in the adult section of the library.) Complaints began to target other books with LGBTQ+ themes.

One library director resigned, telling Bridge she had been harassed and accused of indoctrinating kids; her successor, Matt Lawrence, also left the job. Though the library put Kobabe’s book behind the counter rather than on the shelves, the volumes remained available.

“We, the board, will not ban the books,” Walton told Associated Press on Thursday….

The library’s refusal to submit to the demands led to a campaign urging residents to vote against renewed funding for the library. A group calling itself Jamestown Conservatives handed out flyers condemning Gender Queer for showing “extremely graphic sexual illustrations of two people of the same gender”, criticizing a library director who “promoted the LGBTQ ideology” and calling for making the library “a safe and neutral place for our kids”. On Facebook, the group says it exists to “keep our children safe, and protect their purity, as well as to keep the nuclear family intact as God designed”.

I’m sure the person who wrote that had spoken to God personally about the threat. (That’s sarcasm. I admitted I’m judgmental…)

Apparently, libraries across the country are facing a surge in similar demands to ban books. The American Library Association has identified 729 challenges to “library, school and university materials and services” just in the last year–and an estimated 1,600 challenges or removals of individual books. That figure was up from 273 books the year before.

“We’re seeing what appears to be a campaign to remove books, particularly books dealing with LGBTQIA themes and books dealing with racism,” Deborah Caldwell-Stone, head of the ALA’s office for intellectual freedom, told the Guardian last year.

There is certainly “grooming” going on, but those responsible aren’t trying to sell small children on the glories of homosexuality, or destroy what’s left of the nuclear family. The real “grooming” has been done by hate-mongers like Alex Jones, the late and non-lamented Rush Limbaugh, Tucker Carlson and his fellow-travelers on Fox News–aided and abetted by fundamentalist churches and  various Rightwing organizations.

The GOP’s groomers play to the racism, misogyny and homophobia of their White Christian Nationalist base, encouraging them to direct their hysterical fear of cultural change at the nation’s libraries.

In this fight, my money is on the librarians.

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What Can We Do About Fox?

I subscribe to a newsletter from Tom Nichols, a non-crazy conservative who writes for the Atlantic, among other outlets. Nichols recently addressed a problem that pretty much everyone who isn’t crazy recognizes: Fox “News.”

Nichols taught at the Naval War College for 25 years; he worked closely with many American military officers, and he has become increasingly worried about the danger of extremism in the ranks–a situation made worse, in his view, by the fact that Fox is the “default channel in so many military installations.

The overlap between Fox and even more-extreme outlets such as Newsmax and One America News Network, a slew of right-wing internet sites, and talk radio is part of a closed information ecosystem that affects the military no less than it does American society at large. Many years ago, I defended the emergence of Fox as an antidote to the politically homogeneous center-left tilt of the established American media. (Please spare me too much caviling here about media bias back in the Good Old Days; it was less of a menace than conservatives depicted it, but more of a reality than liberals were sometimes willing to admit.)

But things change: Fox is no longer an additional source of news and opinion. It is, instead, a steady stream of conspiracy theories and rage-bait, especially in prime time.

As Nichols explains, there is a significant and important difference between different views held by people who have reached opposing conclusions about various issues and people whose opinions aren’t derived from anything that might remotely be considered evidence or fact.

I am increasingly concerned, however, that what comes from Fox and similar outlets these days is not a “view” so much as an attack on reality itself. As Russian dissident Garry Kasparov has noted, modern propaganda isn’t designed “only to misinform or push an agenda”; it is meant to “exhaust your critical thinking, to annihilate truth,” a good description of how Fox and similar outlets now present their programming… …To watch Fox for an extended amount of time is to go on an excursion into an alternate reality of paranoia and fury, to plunge into a hurricane of anger that shapes views by defying logic and evidence.

I agree. So–I repeat the question with which I’ve been approaching most of the issues of our day: what can/should we do?

Nichols’ response echoes generations of First Amendment case law: the answer to bad speech is more and better speech. More openness, not censorship. Nichols insists that the  answer to an authoritarian challenge cannot be more authoritarianism. (He also dismisses the predictable calls to bring back the Fairness Doctrine–calls from people who clearly don’t understand what that doctrine did and didn’t do. The Fairness Doctrine was a  1949 rule, finally discarded in 1987, that applied ONLY to broadcast channels owned by the government. Ownership allowed government to attach conditions to the lease of those airwaves–attempting to apply it to cable or other privately owned means of communication would violate the First Amendment.)

I used to share with students something I called my “refrigerator theory of Free Speech”–like the forgotten leftover in the back of your refrigerator now covered in green fuzz, suppressed ideas will eventually smell the place up. Put those same leftovers in bright sunlight, and their stench is baked out.  The marketplace of ideas can’t function properly unless there’s verbal sunlight, and freedom of speech requires that We the People participate in that marketplace and produce that sunlight–in this case, more and better speech.

As Nichols says,

No matter how much you don’t like it, you cannot ban, censor, or silence Fox. It’s that simple. You can choose not to watch it and encourage others to do likewise—which can have more impact than you might think. Another possibility is for businesses and institutions to choose neutral programming in common areas such as sports or weather, as military exchanges (stores for military personnel) did in 2019.

He is absolutely right–and that’s what’s so incredibly frustrating. Bottom line, rescuing our democracy necessarily depends upon the efforts of millions of reasonable Americans to combat the hatreds, fears and racial grievances that motivate the members of today’s GOP cult and provide the content of its propaganda arms.

Ultimately, America’s survival as a democratic republic will come down to whether good people–including genuine conservatives–outnumber, outvote and occasionally out-yell the White Nationalists, theocrats and other angry, frightened people who are the target audience of outlets like Fox “News.”

There’s no guarantee those good people will prevail…..and that’s what is so terrifying….

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That Misunderstood First Amendment

I know that my constant yammering about the importance of civic education can seem pretty tiresome –especially in the abstract–so I was initially gratified to read a Brookings Institution article focusing on a very tangible example.

Emerging research confirms the damage being done by misinformation being disseminated by social media, and that research has led to a sometimes acrimonious debate over what can be done to ameliorate the problem. One especially troubling argument has been over content that isn’t, as the article recognizes, “per se illegal” but nevertheless likely to cause significant. harm.

Many on the left insist digital platforms haven’t done enough to combat hate speech, misinformation, and other potentially harmful material, while many on the right argue that platforms are doing far too much—to the point where “Big Tech” is censoring legitimate speech and effectively infringing on Americans’ fundamental rights.

There is considerable pressure on policymakers to pass laws addressing the ways in which social media platforms operate–and especially how those platforms moderate incendiary posts. As the article notes,  the electorate’s incorrect beliefs about the First Amendment add to “the political and economic challenges of building better online speech governance.”

What far too many Americans don’t understand about freedom of speech–and for that matter, not only the First Amendment but the entire Bill of Rights–is that the liberties being protected are freedom from government action. If the government isn’t involved, neither is the Constitution.

I still remember a telephone call I received when I directed Indiana’s ACLU. A young man wanted the ACLU to sue White Castle, which had refused to hire him because they found the tattoos covering him “unappetizing.” He was sure they couldn’t do that, because he had a First Amendment right to express himself. I had to explain to him that White Castle also had a First Amendment right to control its messages. Had the legislature or City-County Council forbid citizens to communicate via tattooing, that would be government censorship, and would violate the First Amendment.

That young man’s belief that the right to free speech is somehow a free-floating right against anyone trying to restrict his communication is a widespread and pernicious misunderstanding, and it complicates discussion of the available approaches to content moderation on social media platforms. Facebook, Twitter and the rest are, like newspaper and magazine publishers, private entities–like White Castle, they have their own speech rights. As the author of the Brookings article writes,

Nonetheless, many Americans erroneously believe that the content-moderation decisions of digital platforms violate ordinary people’s constitutionally guaranteed speech rights. With policymakers at all levels of government working to address a diverse set of harms associated with platforms, the electorate’s mistaken beliefs about the First Amendment could add to the political and economic challenges of building better online speech governance.

The author conducted research into three related questions: How common is this inaccurate belief? Does it correlate with lower support for content moderation? And if it does, does education about the actual scope of First Amendment speech protection increase support for platforms to engage in content moderation?

The results of that research were, as academics like to say, “mixed,” especially for proponents of more and better civic education.

Fifty-nine percent of participants answered the Constitutional question incorrectly, and were less likely to support decisions by platforms to ban particular users. As the author noted, misunderstanding of the First Amendment was both very common and linked to lower support for content moderation. Theoretically, then, educating about the First Amendment should increase support for content moderation.

However, it turned out that such training actually lowered support for content moderation-(interestingly, that  decrease in support was “linked to Republican identity.”)

Why might that be? The author speculated that respondents might reduce their support for content moderation once they realized that there is less legal recourse than expected when they find such moderation uncongenial to their political preferences.

In other words, it is reasonable to be more skeptical of private decisions about content moderation once one becomes aware that the legal protections for online speech rights are less than one had previously assumed. …

 Republican politicians and the American public alike express the belief that platform moderation practices favor liberal messaging, despite strong empirical evidence to the contrary. Many Americans likely hold such views at least in part due to strategically misleading claims by prominent politicians and media figures, a particularly worrying form of misinformation. Any effort to improve popular understandings of the First Amendment will therefore need to build on related strategies for countering widespread political misinformation.

Unfortunately, when Americans inhabit alternative realities, even civic education runs into a wall….

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