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  If the government gets to decide who has a right, it isn’t a right at all–it’s a privilege that can be withdrawn.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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Ezra Klein Nails It–Again

I’ve been pondering this January column by Ezra Klein ever since I read it, and especially since I’ve been involved in efforts to encourage political engagement. Klein began by quoting a paragraph by Eltan Hersh that described a day in the life of those he calls political obsessives:

I refresh my Twitter feed to keep up on the latest political crisis, then toggle over to Facebook to read clickbait news stories, then over to YouTube to see a montage of juicy clips from the latest congressional hearing. I then complain to my family about all the things I don’t like that I have seen.

To Hersh, that’s not politics. It’s what he calls “political hobbyism.” And it’s close to a national pastime. “A third of Americans say they spend two hours or more each day on politics,” he writes. “Of these people, four out of five say that not one minute of that time is spent on any kind of real political work. It’s all TV news and podcasts and radio shows and social media and cheering and booing and complaining to friends and family.

As Klein emphasized, fury is useful only as fuel.

Fury should have allowed us to pass H.R. 1 and the John Lewis Voting Rights Act. That didn’t happen. But in order to protect democracy, we have to make sure the country’s local electoral machinery isn’t corrupted–and that will require real political work.

What would that work look like? Klein reports on a conversation he had with Ben Wikler, the chairman of the Wisconsin Democratic Party; Wikler reported that he spends his days

obsessing over mayoral races in 20,000-person towns, because those mayors appoint the city clerks who decide whether to pull the drop boxes for mail-in ballots and small changes to electoral administration that could be the difference between winning Senator Ron Johnson’s seat in 2022 (and having a chance at democracy reform) and losing the race and the Senate. Wikler is organizing volunteers to staff phone banks to recruit people who believe in democracy to serve as municipal poll workers, because Steve Bannon has made it his mission to recruit people who don’t believe in democracy to serve as municipal poll workers.

I’ll say this for the right: They pay attention to where the power lies in the American system, in ways the left sometimes doesn’t. Bannon calls this “the precinct strategy,” and it’s working. “Suddenly, people who had never before showed interest in party politics started calling the local G.O.P. headquarters or crowding into county conventions, eager to enlist as precinct officers,” ProPublica reports. “They showed up in states Trump won and in states he lost, in deep-red rural areas, in swing-voting suburbs and in populous cities.”

As Klein points out, Democrats pay attention to–and send their dollars to –high-profile races, many of which are hopeless (Amy McGrath) and neglect the local, winnable contests that matter a lot more than most Americans realize.

“If you want to fight for the future of American democracy, you shouldn’t spend all day talking about the future of American democracy,” Wikler said. “These local races that determine the mechanics of American democracy are the ventilation shaft in the Republican death star. These races get zero national attention. They hardly get local attention. Turnout is often lower than 20 percent. That means people who actually engage have a superpower. You, as a single dedicated volunteer, might be able to call and knock on the doors of enough voters to win a local election.”

And that brings me back to Klein’s initial observation that fury is only good if it fuels action.

According to Hersh’s research, a third of Americans admit to spending two hours or more each day on politics. Four out of five of those people don’t spend even one minute of that time  on any kind of real political work. Instead, it’s “TV news and podcasts and radio shows and social media and cheering and booing and complaining to friends and family.”

Many years ago, a group of us who were active in the GOP were expressing our concerns about changes that were beginning to be evident in the party–especially the growing dominance of fundamentalist Christians. A friend of mine–a Republican lobbyist–said it was the fault of the “normal” Republicans who’d welcomed the willingness of the fundamentalists to do the “grunt work”–the phone banks, registration drives, and door-to-door canvassing– that we were too busy (or lazy) to do. And pretty soon, the “troops” that were doing what Klein calls “the real political work” controlled the party.

The other day, I posted about the need to “get off the couch.” Let me add: get off  Twitter and social media, and use your fury as fuel for real political action.

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The Age Of Misinformation

Political scientists often study the characteristics and influence of those they dub “high information voters.” Although that cohort is relatively small, it accounts for a significant amount–probably a majority–of America’s political discourse.

Research has suggested that these more informed voters, who follow politics closely, are just as likely–perhaps even more likely– to exhibit confirmation bias as are Americans less invested in the daily political news. But their ability to spread both information and misinformation is far greater than it was before the Internet and the ubiquity of social media.

As Max Fisher recently wrote in a column for the New York Times, 

There’s a decent chance you’ve had at least one of these rumors, all false, relayed to you as fact recently: that President Biden plans to force Americans to eat less meat; that Virginia is eliminating advanced math in schools to advance racial equality; and that border officials are mass-purchasing copies of Vice President Kamala Harris’s book to hand out to refugee children.

All were amplified by partisan actors. But you’re just as likely, if not more so, to have heard it relayed from someone you know. And you may have noticed that these cycles of falsehood-fueled outrage keep recurring.

Fisher attributes this phenomenon to a number of factors, but especially to an aspect of identity politics; we live in an age where political identity has become central to the self-image held by many Americans.

Fisher cites research attributing the prevalence of misinformation to three main elements of our time. Perhaps the most important of the three is a social environment in which individuals feel the need for what he terms “in-grouping,” and I would call tribalism — identification with like-minded others  as a source of strength and (especially) superiority. As he says,

In times of perceived conflict or social change, we seek security in groups. And that makes us eager to consume information, true or not, that lets us see the world as a conflict putting our righteous ingroup against a nefarious outgroup.

 American political polarization promotes the sharing of disinformation. The hostility between Red and Blue America feeds a pervasive distrust, and when people are distrustful, they become much more prone to engage in and accept rumor and falsehood. Distrust also encourages people to see the world as “us versus them”– and that’s a world in which we are much more apt to believe information that bolsters “us” and denigrates “them.” We know that  individuals with more polarized views are more likely to believe falsehoods.

And of course, the emergence of high-profile political figures who prey on these tribal instincts exacerbates the situation.

Then there is the third factor — a shift to social media, which is a powerful outlet for composers of disinformation, a pervasive vector for misinformation itself and a multiplier of the other risk factors.

“Media has changed, the environment has changed, and that has a potentially big impact on our natural behavior,” said William J. Brady, a Yale University social psychologist.

“When you post things, you’re highly aware of the feedback that you get, the social feedback in terms of likes and shares,” Dr. Brady said. So when misinformation appeals to social impulses more than the truth does, it gets more attention online, which means people feel rewarded and encouraged for spreading it.

It isn’t surprising that people who get positive feedback when they post inflammatory or false statements are more likely to do so again–and again. In one particularly troubling analysis, researchers found that when a fact-check revealed that information in a post was wrong, the response of partisans wasn’t to revise their thinking or get upset with the purveyor of the lie.

Instead, it was to attack the fact checkers.

“The problem is that when we encounter opposing views in the age and context of social media, it’s not like reading them in a newspaper while sitting alone,” the sociologist Zeynep Tufekci wrote in a much-circulated MIT Technology Review article. “It’s like hearing them from the opposing team while sitting with our fellow fans in a football stadium. Online, we’re connected with our communities, and we seek approval from our like-minded peers. We bond with our team by yelling at the fans of the other one.”

In an ecosystem where that sense of identity conflict is all-consuming, she wrote, “belonging is stronger than facts.”

We’re in a world of hurt…..

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Section 230

These are hard times for free speech advocates. The Internet–with its capacity for mass distribution of lies, misinformation, bigotry and incitement to violence–cries out for reform, but it is not apparent (certainly not to me) what sort of reforms might curb the dangers without also stifling free expression.

One approach is focused on a law that is older than Google: Section 230 of the Communications Decency Act. 

What is Section 230? Is it really broken? Can it be fixed without inadvertently doing more damage? 

The law is just 26 words that allow online platforms to make rules about what people can or can’t post without being held legally responsible for the content. (There are some exceptions, but not many. )As a recent newsletter on technology put it (sorry, for some reason link doesn’t work),

If I accuse you of murder on Facebook, you might be able to sue me, but you can’t sue Facebook. If you buy a defective toy from a merchant on Amazon, you might be able to take the seller to court, but not Amazon. (There is some legal debate about this, but you get the gist.)

The law created the conditions for Facebook, Yelp and Airbnb to give people a voice without being sued out of existence. But now Republicans and Democrats are asking whether the law gives tech companies either too much power or too little responsibility for what happens under their watch.


Republicans mostly worry that Section 230 gives internet companies too much power to suppress online debate and discussion, while Democrats mostly worry that it lets those companies ignore or even enable dangerous incitements and/or illegal transactions. 

The fight over Section 230 is really a fight over the lack of control exercised by Internet giants like Facebook and Twitter. In far too many situations, the law allows people to lie online without consequence–lets face it, that high school kid who is spreading lewd rumors about a girl who turned him down for a date isn’t likely to be sued, no matter how damaging, reprehensible and untrue his posts may be. The recent defamation suits brought by the voting machine manufacturers were salutary and satisfying, but most people harmed by the bigotry and disinformation online are not in a position to pursue such remedies.

The question being debated among techies and lawyers is whether Section 230 is too protective; whether it reduces incentives for platforms like Facebook and Twitter to make and enforce stronger measures that would be more effective in curtailing obviously harmful rhetoric and activities. 

Several proposed “fixes” are currently being considered. The Times article described them.


Fix-it Plan 1: Raise the bar. Some lawmakers want online companies to meet certain conditions before they get the legal protections of Section 230.

One example: A congressional proposal would require internet companies to report to law enforcement when they believe people might be plotting violent crimes or drug offenses. If the companies don’t do so, they might lose the legal protections of Section 230 and the floodgates could open to lawsuits.

Facebook this week backed a similar idea, which proposed that it and other big online companies would have to have systems in place for identifying and removing potentially illegal material.

Another proposed bill would require Facebook, Google and others to prove that they hadn’t exhibited political bias in removing a post. Some Republicans say that Section 230 requires websites to be politically neutral. That’s not true.

Fix-it Plan 2: Create more exceptions. One proposal would restrict internet companies from using Section 230 as a defense in legal cases involving activity like civil rights violations, harassment and wrongful death. Another proposes letting people sue internet companies if child sexual abuse imagery is spread on their sites.

Also in this category are legal questions about whether Section 230 applies to the involvement of an internet company’s own computer systems. When Facebook’s algorithms helped circulate propaganda from Hamas, as David detailed in an article, some legal experts and lawmakers said that Section 230 legal protections should not have applied and that the company should have been held complicit in terrorist acts.


Slate has an article describing all of the proposed changes to Section 230.

I don’t have a firm enough grasp of the issues involved–let alone the technology needed to accomplish some of the proposed changes–to have a favored “fix” to Section 230.

I do think that this debate foreshadows others that will arise in a world where massive international companies–online and not– in many cases wield more power than governments. Constraining these powerful entities will require new and very creative approaches.

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