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New Colorado Senate Bill Establishes Government Ministry Of Truth

By Tristan JusticeThe Federalist

New Colorado Senate Bill Establishes Government Ministry Of Truth
Photo A.Davey / Flickr

A new Democratic-sponsored Colorado Senate bill is raising eyebrows with the proposed establishment of a state-run ministry of truth to regulate online speech.

The bill, titled “Digital Communications Regulation,” seeks the creation of a digital communications division under the state department of regulatory agencies to regulate online content available in the state. The division will be run by a new commission to serve as government-blessed arbiters of truth.

Under the legislation, proposed by Democratic state Sen. Kerry Donovan, the new commission is tasked with the authority to investigate and hold hearings on claims filed with the division that accuse a particular platform of engaging in what the government declares unlawful conduct. Such conduct under the proposal ranges from promoting “hate speech” to “disinformation,” “fake news,” and “conspiracy theories,” or content the commission determines is meant to “undermine election integrity.” The idea for a similar proposal at the federal level was floated by New York Democratic Rep. Alexandria Ocasio-Cortez in January.

The bill puts government force behind an already-implemented progressive purge pursued by Silicon Valley tech giants wielding unprecedented power over the digital public square, with many of the same rules already in place. Such rules, however, which have become more stringently enforced to justify censorship of conservatives and reporting unfavorable to progressive interests, have been applied with remarkable inconsistency.

“We all know from experience at other places where such rules are in place, they’re not applied equally,” Joshua Sharf, a senior fellow in fiscal policy at the Denver libertarian think tank Independence Institute, told The Federalist. “They’re actually impossible to apply equally.”

The contrast between the four-year conspiracy alleging President Donald Trump was a Russian agent and the online suppression of blockbuster revelations published by the New York Post last fall, which implicated then-Democratic presidential nominee Joe Biden in his son’s potentially criminal overseas business ventures, illustrates how rules governing online content are arbitrarily enforced for political purposes. There is no shortage of examples highlighting Silicon Valley’s double-standards.

“Realistically, we all know what the intent here is,” Sharf, who runs his own online blog, warned. “The intent here is to limit what Sen. Donovan considers conservative speech.”

Donovan did not respond to The Federalist’s request for an interview.

Under the senator’s legislation, communications-oriented online businesses, including social media platforms and media-sharing platforms with services offered to Colorado residents, would be forced to register with the new government ministry of truth. Failure to do so would classify as a class-two misdemeanor with up to a $5,000 fine each day until they comply.

Republican Colorado Sen. Jerry Sonnenberg, who sits on the State, Veterans, and Military Affairs Committee where the bill was introduced, railed against the proposal as unconstitutional and shared no faith that the independent commission appointed by the governor would dictate online content fairly.

“I have no confidence whatsoever that if the commission was formed it would be somewhat politically diverse,” Sonnenberg told The Federalist. “It’s almost like a giant commission just like Facebook to determine what posts are accurate and what are not.”

Republicans in the state’s upper chamber have already pledged their opposition, though Democrats control both houses of the Colorado legislature.

“Nobody wants an unelected commission of wannabe authoritarians deciding what is and is not ‘fake news’ and what we can and cannot read on the internet,” Colorado Senate Republican spokesman Sage Naumann told The Federalist. “We’re hopeful this bill never makes it to the floor.”

Sonnenberg said he saw no momentum for that happening, even as Democrats hold the majority.

“Anybody with a reasonable mind would look at this bill and go, ‘This doesn’t make sense.’ This indeed is a violation of our First Amendment, a blatant violation,” Sonnenberg told The Federalist. “If this is a party-line vote and it gets out of committee, we have bigger problems in our country.”


Conservative Excellence Is The Best Defense Against Cancel Culture

Although many lament the dark times for conservative ideas and the death of free speech, they should see this as an opportunity to break free of corrupted institutions.

By Auguste MeyratThe Federalist

Conservative Excellence Is The Best Defense Against Cancel Culture
 Sean P. Anderson / Flickr

In a recent edition of the Stanford Review, scholars Scott Atlas, Victor Davis Hanson, and Niall Ferguson wrote a statement defending themselves against the baseless attacks of leftist colleagues at Stanford University who accused them of encouraging extremism, conducting illicit opposition research, and causing the deaths of “tens of thousands” from COVID-19. Atlas then discussed the issue at a virtual student meeting.

These accusations are completely untrue and tied to an antisemitic activist who aligns himself with Antifa. Nevertheless, Atlas, Hanson, and Ferguson felt the need to make their case even if it’s unlikely they will face any real threat to their livelihoods or reputations, as the Hoover Institution and Stanford have backed them.

All of them are highly accomplished intellectuals who have amassed large followings. It is they who bring clout to Stanford, not the other way around.

The real tragedy here is that they have to bother explaining themselves at all. It’s beneath them. They could be writing books, articles, giving talks, and continuing their work, but now they have to waste time with nobodies. Even the leadership of Stanford could see this, which is why this effort to cancel fell flat. Unfortunately, as writer Jonathan Tobin explains, their survival of this cancellation attempt was an exception to the rule.

After all, who in the world is David Palumbo-Lieu, one of the four professors leading the charge against these conservative scholars? Has he spoken out against the blunders of the American government’s COVID-19 policy? Does his CV include so many well-written books and countless articles on a limitless range of topics? Did anyone see him on a popular television series celebrating the key successes of Western culture?

No, Palumbo-Lieu’s great work appears to be praising his students “who occupied and blocked the San Mateo Bridge at peak commuting hours, endangering lives, causing minor car crashes, and getting themselves arrested.”

This episode is reminiscent of the great theologian St. Augustine of Hippo exerting so much energy denouncing the Donatist heresy. Much like today’s left, the Donatists were intellectually bankrupt and frequently resorted to the same petty tactics of destroying their opponents’ reputations with slander, false accusations, and the intervention of corrupt politicians.

That Augustine wasted so much time with them means that he had less time to write another “City of God” or “On Christian Doctrine.” Tallied with every other instance of a great mind taking on what’s beneath him, this Stanford kerfuffle amounts to a great loss in progress. The world is shallower, less informed, and less healthy as a result.

So what should happen in these cases? How do the attempted cancellations stop? As Atlas, Hanson, and Ferguson demonstrate, it isn’t through compromise or complaining; rather, it is through excellence. As the saying goes, success is the best revenge against one’s enemies. It is also the best way to overcome cancel culture.

This doesn’t mean that defending free speech is not important, but it shouldn’t become a fixation. Otherwise, it can detract from the work of building a competing culture and undermine the very reason to preserve free speech itself.

Free speech is the means, not the ends. This point is sometimes lost when people respond to yet another canceling or instance of censorship. Because it seems like conservatives are constantly defending themselves, they end up making the same points repeatedly and struggle with moving forward. As such, leftists can dismiss conservatives for having “no content,” no vision of what they want.

What results is a growing despair over free speech. If the fruits of free speech are partisan mudslinging and rehashing the same arguments, many people stop seeing the point of protecting the freedom to express one’s views.

It also doesn’t help that the left always frames these debates over free speech as about hate speech and misinformation, never around truth and reason. As a result, conservatives have to defend themselves from being called white supremacist Nazis or crackpot conspiracy theorists while leftists tell (often fabricated) sob stories about the many victims of conservative speech.

Since this is what seems to prevail, most people, particularly young people, simply shrug and give up the fight. If this is what free speech looks like, even if conservatives are right and progressives are wrong, it still seems mostly frivolous and needlessly stressful. Like the villain Cypher in “The Matrix,” they prefer to accept that their lies go unchallenged and declare, “Ignorance is bliss.”

This doesn’t mean that Atlas, Hanson, and Ferguson were wrong to write their statement, nor does it detract from their point about free speech. It’s just a shame that they and so many others have to worry about this kind of thing. Rather, Stanford should worry that their best people feel the need to speak out in this fashion.

It’s time to think bigger. Change will only happen when conservatives have their own Stanfords. If elite universities want to go down the paths of critical race theory, social justice activism, and an abandonment of standards, conservatives should build and support alternatives.

As Arthur Milikh points out on last week’s American Mind podcast, conservatives need to stop slamming Ivy League universities only to confer their respect on these places in the next breath. Instead, they need build their own equivalent and dominate. Otherwise, these places won’t change. One would think that the very people who support movements like school choice would understand this.

In all of her novels, Ayn Rand spoke exactly to this problem and offered a vision of what could happen. Whether it’s “Anthem,” “The Fountainhead,” or “Atlas Shrugged,” the primary conflict was always the same: a protagonist is a brilliant creator, but he lives in an envious world that seeks to tear him down.

How does the protagonist resolve this? Not only by making impassioned speeches (although, admittedly, there are few of those), but by continuing to create on his own terms and let his excellence carry the day. Conservatives today need their own version of Galt’s Gulch.

Although many lament the dark times for conservative ideas and the death of free speech, they should see this as an opportunity to break free of corrupted institutions. There is a dearth of excellence that needs to be filled.

Instead of enlisting the best and brightest conservatives for defending conservatism, conservatives should defend their best and brightest so that they can be left free for excellence. That means giving them space and time to do their work, understanding that this is the whole purpose behind preserving freedom. Not only conservative ideas, but the country and the culture, will be all the better for it.


Big Tech Thinks You’re An Idiot Child Who Can’t Govern Yourself

The left’s push to censor, block, and purge is part of a larger project to undermine the American ideal of self-government and liberal democracy.

By John Daniel DavidsonThe Federalist

Big Tech Thinks You’re An Idiot Child Who Can’t Govern Yourself

Last week, YouTube removed videos of former President Donald Trump’s speech at the recent Conservative Political Action Conference, citing violations of its rules about “misleading election claims” under its “presidential election integrity” policy.

Also last week, Ebay blocked all sales and purchases of the half-dozen Dr. Seuss booksrecently deemed unfit for children because they allegedly “portray people in ways that are hurtful and wrong.” Amazon blocked access to a documentary about Supreme Court Justice Clarence Thomas.

Twitter suspended the account of former House Speaker Newt Gingrich. Facebook continued its purge of QAnon-linked accounts, which began back in October. And the cable network TCM announced a program to reframe classic films like “Breakfast at Tiffany’s,” “The Searchers,” and “My Fair Lady,” which it considers “problematic” and “troubling.”

That was just last week. The growing movement on the left to censor, purge, block, and suspend anyone who expresses disfavored views, or any book or film that some might consider offensive, isn’t just an attack on conservatives or a quixotic war on the past. It represents the single greatest wholesale rejection of liberal democracy, civil society, and the ideal of self-government in American history.

Simply put, the people who will not allow Trump’s CPAC speech to be searchable on YouTube do not think you can think through things and make your own decisions, let alone participate in democratic governance. To them, you are only slightly more intelligent than an animal, and ought to be treated as such.

The reason it matters—and the reason this illiberal, censorious impulse can’t just be laughed off—is that the institutions and industries behind all this are incredibly powerful. They control what you watch, read, discuss, and share—even with your own children.

Disney Plus, for example, pulled a bunch of classic titles from its children’s programming back in January for “negative depictions and/or mistreatment of people or cultures.” The banned films include “Lady and the Tramp,” “Peter Pan,” “The Jungle Book,” and “Dumbo.” The titles are still available, with a disclaimer, on the main streaming service, but the writing is on the wall: if you want your kids to enjoy the originals, better buy the DVD now.

Let’s be clear about something: this isn’t about ferreting out “offensive” content or ideas, or making society more tolerant and inclusive. After all, whether or not something is offensive is relative. This is about taking away your agency, your ability to make choices and decide for yourself what you think, whether it’s about Dr. Suess or a presidential election.

Why else would Amazon pull down a well-reviewed and by all accounts fair and sober book about transgenderism, as they did last week to Ryan T. Anderson’s 2018 book, “When Harry Became Sally”? It’s not because the book is offensive to a wide swath of the reading public. It’s because the ideas presented in it—including the now-radical notion that biological sex is immutable and that encouraging children and teens to “transition” causes irreparable harm—challenge the left’s utopian vision for society.

In other words, it’s not that these ideas are offensive, it’s that they’re in the way. The people who applauded Amazon for taking down Anderson’s book do not want to contend with Anderson’s arguments. It’s much easier for them if a corporate behemoth like Amazon just blots them out, makes them disappear.

Otherwise, Anderson might actually persuade some people that he’s right, that transgenderism isn’t just morally wrong, it’s also bad for society, and maybe we should rethink our sudden embrace of it. Maybe we should have some honest debate about it and let people make up their own minds.

The left would like to take those kind of choices away from you, even (especially) for children’s literature. The hypocrisy of the left in this regard knows no bounds.

CNN’s Jake Tapper, who once championed the publication of controversial images—including cartoons of Mohammed, even though it’s deeply offensive to Muslims—denounced Republicans last week for complaining about the cancellation of Dr. Seuss. Tapper was upset because they keep citing beloved titles like “Green Eggs and Ham,” not the half-dozen books that contain what Tapper calls “empirically racist” images that are “indefensible.”

He’s wrong about that. This is an argument for another column, but the images in those banned Dr. Seuss books are entirely defensible and, to my mind, not at all racist, empirically or otherwise.

But of course one need not defend the content of burned books to protest the burning of them. It’s even possible simultaneously to object to the content of a book and the notion that it should be burned for its content. This is a pretty basic tenet of classical liberalism, and Tapper knows it. He’s just being dishonest.

Everyone, in fact, who champions the banning of books—any books—or films or speeches or whatever, is engaged in a deeply anti-American project to undermine the means by which we form citizens capable of self-government. If you can’t be trusted to think through whether the mention of “Eskimo Fish” in Dr. Suess’s “McElligot’s Pool”is appropriate for your kids, then you certainly can’t be trusted to think through whether the 2020 election was marred by fraud and loose rules for absentee ballots.

Likewise, you can’t be trusted to make decisions about COVID-19, about whether to get a vaccine or wear a mask, which is why Dr. Anthony Fauci saw fit to lie about mask-wearing to the American people at the onset of the pandemic last year. He doesn’t think you can be trusted with the truth because he thinks you’re an idiot child who needs be governed, not an American citizen who has the natural right to govern himself.

When I watch Fauci lie, or see Tapper and his peers cheer digital book-burnings, or see example after example of censorship to protect us from supposedly offensive ideas or images, all I can think of is a line from an interview conducted in 1842 with a veteran of the American Revolution. The man was asked why he fought, and he replied, “Young man, what we meant in going for those redcoats was this: we always had governed ourselves, and we always meant to. They didn’t mean we should.”


‘Free Speech for Me, but Not for Thee’

Journalists have become the thing they profess to hate — closed-minded censors who want to stifle free expression.

By Rich LowryNational Review

Sign at CNN headquarters in Atlanta, Ga. (Chris Aluka Berry/Reuters)

The American media — long stalwart defenders of the First Amendment — are now having second thoughts.

For decades, it was a commonplace sentiment among journalists that freedom of the press was one of the glories of our system. It helped to make the government accountable and to air diverse points of view — even unpopular ones — to be tested in the marketplace of ideas.

Media organizations were at the forefront of the fight to vindicate First Amendment rights, with the New York Times involved in two landmark Supreme Court decisions (New York Times Co. v. Sullivan and the Pentagon Papers case), and tended to rise as one against any perceived threat to their prerogatives and freedoms.

This advocacy has been sincere, although, if nothing else, journalists should be First Amendment purists out of a sense of self-interest. In a 2018 essay in The Atlantic representing the bygone conventional wisdom, titled “Why a Free Press Matters,” the longtime newscaster Dan Rather noted, “As a working journalist, I know I have a stake in this concept.”

One would think so.

Yet now journalists have lurched from finding a threat to freedom of the press in every criticism of reporters and news outlets by former President Donald Trump to themselves calling for unwelcome media organizations to be shut down.

They’ve become the thing they profess to hate — closed-minded censors who want to stifle free expression, First Amendment be damned.

Perversely, the TV program and email newsletter of the top media analyst at CNN, Brian Stelter, have been clearinghouses for such advocacy, whether it is demands to get right-wingers removed from social media or — more astonishingly — to keep conservative cable networks off the airwaves.

Stelter’s colleague, media reporter Oliver Darcy, tweeted about his effort to get cable companies to answer why they carry pro-Trump channels such Newsmax and One America News Network. “Do they have any second thoughts about distributing these channels given their election denialism content?” he asked on Twitter. “They won’t say.”

In the same vein, Washington Post columnist Max Boot drew a direct line between how we deal with foreign terror groups and how we should treat right-wing media organizations. “We need,” he wrote, “to shut down the influencers who radicalize people and set them on the path toward violence and sedition.”

Boot noted, approvingly, that the U.K. doesn’t have the equivalent of Fox News because regulators won’t allow it. The U.K. also doesn’t have a First Amendment, a small detail that might be worth considering if the point is to protect our freedoms rather than to destroy them in a fit of ideological vengeance.

A writer at the progressive publication Mother Jones argued for an advertiser boycott instead of regulatory action in a post called, charmingly, “It’s Time to Crush Fox News.”

A boycott wouldn’t violate the First Amendment like a direct crackdown on Fox and others. Still, it would be private action undertaken in the service of a profoundly illiberal goal, running counter to the country’s culture of free speech.

All of this would be bad enough if it weren’t people who write and comment on TV for a living advocating it. But journalists have been moving in this direction for a while now, as Armin Rosen catalogues in a disturbing report for Tablet magazine.

The author Steve Coll, who is no less than the dean of the Graduate School of Journalism at Columbia University, said last December, “Those of us in journalism have to come to terms with the fact that free speech, a principle that we hold sacred, is being weaponized against the principles of journalism.” The former managing editor of Time magazine, Richard Stengel, has written: “All speech is not equal. And where truth cannot drive out lies, we must add new guardrails.”

And so its erstwhile champions are ready to retreat from strict adherence to the First Amendment to a new rule of “free speech for me, but not for thee.”


The tech supremacy: Silicon Valley can no longer conceal its power

By Niall FergusonThe Spectator

‘To see what is in front of one’s nose needs a constant struggle,’ George Orwell famously observed. He was talking not about everyday life but about politics, where it is ‘quite easy for the part to be greater than the whole or for two objects to be in the same place simultaneously’. The examples he gave in his 1946 essay included the paradox that ‘for years before the war, nearly all enlightened people were in favour of standing up to Germany: the majority of them were also against having enough armaments to make such a stand effective’.

Last week provided a near-perfect analogy. For years before the 2020 election, nearly all American conservatives were in favour of standing up to big tech: the majority of them were also against changing the laws and regulations enough to make such a stand effective. The difference is that, unlike the German threat, which was geographically remote, the threat from Silicon Valley was literally in front of our noses, day and night: on our mobile phones, our tablets and our laptops. 

Writing in this magazine more than three years ago, I warned of a coming collision between Donald Trump and Silicon Valley. ‘Social media helped Donald Trump take the White House,’ I wrote. ‘Silicon Valley won’t let it happen again.’ The conclusion of my book The Square and the Tower was that the new online network platforms represented a new kind of power that posed a fundamental challenge to the traditional hierarchical power of the state.

By the network platforms, I mean Facebook, Amazon, Twitter, Google and Apple, or FATGA for short — companies that have established a dominance over the public sphere not seen since the heyday of the pre-Reformation Catholic Church. FATGA had humble enough origins in garages and dorm rooms. As recently as 2008, not one of them could be found among the world’s largest companies by market capitalisation. Today, they occupy first, third, fourth and fifth places in the market cap league table, just above their Chinese counterparts, Tencent and Alibaba. 

What happened was that the network platforms turned the originally decentralised worldwide web into an oligarchically organised and hierarchical public sphere from which they made money and to which they controlled access. That the original, superficially libertarian inclinations of these companies’ founders would rapidly crumble under political pressure from the left was also perfectly obvious, if one bothered to look a little beyond one’s proboscis. 

Following the violent far-right rally at Charlottesville in August 2017, Matthew Prince, chief executive of the internet service provider Cloudflare, described how he had responded: ‘Literally, I woke up in a bad mood and decided someone shouldn’t be allowed on the internet.’ On the basis that ‘the people behind the [white supremacist magazine] Daily Stormer are assholes’, he denied their website access to the internet. ‘No one should have that power,’ he admitted. ‘We need to have a discussion around this with clear rules and clear frameworks. My whims and those of Jeff [Bezos] and Larry [Page] and … Mark [Zuckerberg] shouldn’t be what determines what should be online.’

But that discussion had barely begun in 2017. Indeed, many Republicans at that time still believed the notion that FATGA were champions of the free market that required only the lightest regulation. They know better now. After last year’s election Twitter attached health warnings to Trump’s tweets when he claimed that he had in fact beaten Joe Biden. Then, in the wake of the storming of the Capitol by a mob of Trump supporters, Twitter and Facebook began shutting down multiple accounts — including that of the President himself, now ‘permanently suspended’ from tweeting. When Trump loyalists declared their intention to move their conversations from Twitter to rival Parler — in effect, Twitter with minimal content moderation — Google and Apple deleted Parler from their app stores. Then Amazon kicked Parler off its ‘cloud’ service, effectively deleting it from the internet altogether. It was a stunning demonstration of power.

It is only a slight overstatement to say that, while the mob’s coup against Congress ignominiously failed, big tech’s coup against Trump triumphantly succeeded. It is not merely that Trump has been abruptly denied access to the channels he has used throughout his presidency to communicate with voters. It is the fact that he is being excluded from a domain the courts have for some time recognised as a public forum. 

Various lawsuits over the years have conferred on big tech an unusual status: a public good, held in private hands. In 2018 the Southern District of New York ruled that the right to reply to Trump’s tweets is protected ‘under the “public forum” doctrines set forth by the Supreme Court’. So it was wrong for the President to ‘block’ people — i.e. stop them reading his tweets — because they were critical of him. Censoring Twitter users ‘because of their expressed political views’ represents ‘viewpoint discrimination [that] violates the First Amendment’.

In Packingham vs North Carolina (2017), Justice Anthony Kennedy likened internet platforms to ‘the modern public square’, arguing that it was therefore unconstitutional to prevent sex offenders from accessing, and expressing opinions on, social network platforms. ‘While in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views,’ Justice Kennedy wrote, ‘today the answer is clear. It is cyberspace —the “vast democratic forums of the internet” in general … and social media in particular.’

In other words, as President of the United States, Trump could not block Twitter users from seeing his tweets, but Twitter is apparently within its rights to delete the President’s account altogether. Sex offenders have a right of access to online social networks; but the President does not. These companies have a dominance not seen since the heyday of the pre-Reformation Catholic Church

This is not to condone Trump’s increasingly deranged attempts to overturn November’s election result. Before last week’s riots, he egged on the mob; he later said he ‘loved’ them, despite what they had done. Nor is there any denying that a number of Trump’s most fervent supporters pose a threat of further violence. Considering the bombs and firearms some of them brought to Washington, the marvel is how few people lost their lives during the occupation of the Capitol.

Yet the correct response to that threat is not to delegate to Facebook’s Mark Zuckerberg, Twitter’s Jack Dorsey and their peers the power to remove from the public square anyone they deem to be sympathetic to insurrection or otherwise suspect. The correct response is for the FBI and the relevant police departments to pursue any would-be Trumpist terrorists, just as they have quite successfully pursued would-be Islamist terrorists over the past two decades.

The key to understanding what has happened lies in an obscure piece of legislation, almost a quarter of a century old, enacted after a New York court held online service provider Prodigy liable for a user’s defamatory posts. Congress then stepped in with the 1996 Telecommunications Act and in particular Section 230, which was written to encourage nascent firms to protect users and prevent illegal activity without incurring massive content management costs. It states: 1. 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.2. No provider or user of an interactive computer service shall be held liable on account of … any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

In essence, Section 230 gives websites immunity from liability for what their users post if it is in any way harmful, but also entitles websites to take down with equal impunity any content that they don’t like the look of. The surely unintended result of this legislation, drafted for a fledgling internet, is that some of the biggest companies in the world enjoy a protection reminiscent of Joseph Heller’s Catch-22. Try to hold them responsible as publishers, and they will say they are platforms. Demand access to their platforms and they will insist that they are publishers.

This might have been a tolerable state of affairs if America’s network platforms had been subject to something like the old Fairness Doctrine, which required the big three terrestrial TV networks to give airtime to opposing views. But that was something the Republican party killed off in the 1980s, seeing the potential of allowing more slanted coverage on cable news. What goes around comes around. The network platforms long ago abandoned any pretence of being neutral. Even before Charlottesville, their senior executives and many of their employees had made it clear that they were appalled by Trump’s election victory (especially as both Facebook and Twitter had facilitated it). Increasingly, they interpreted the words ‘otherwise objectionable’ in Section 230 to mean ‘objectionable to liberals’.

Throughout the summer of last year, numerous supporters of Black Lives Matter used social media, as well as mainstream liberal media, to express their support for protests that in many places escalated into violence and destruction considerably worse than occurred in the Capitol last week. One looked in vain for health warnings, much less account suspensions, though Facebook says it has removed accounts that promote violence. 

Compare, for example, the language Trump used in his 6 January speech and the language Kamala Harris used in support of BLM on Stephen Colbert’s show on 18 June. Neither explicitly condoned violence. Trump exhorted the crowd to march to the Capitol, but he told them to ‘peacefully and patriotically make your voices heard’. Harris condemned ‘looting and… acts of violence’, but said of the BLM protestors: ‘They’re not going to stop. They’re not. This is a movement. I’m telling you. They’re not going to stop, and everyone, beware. Because they’re not going to stop. They’re not going to stop before election day in November, and they are not going to stop after election day. And everyone should take note of that on both levels.’ What exactly was the significance of that ‘beware’? 

Earlier, on 1 June, Harris had used Twitter to solicit donations to the Minnesota Freedom Fund, which posted bail for people charged with rioting in Minneapolis after the death of George Floyd. It would be easy to cite other examples. ‘Destroying property, which can be replaced, is not violence,’ Nikole Hannah-Jones of the New York Times told CBS in early June, at a time when multiple cities were being swept by arson and vandalism. Her Twitter account is still going strong.

The double standard was equally apparent when the New York Post broke the story of Biden’s son Hunter’s dubious business dealings in China. Both Twitter and Facebook immediately prevented users from posting links to the article — something they had never done with stories damaging to Trump. 

You don’t need to be a Trump supporter to find all this alarming. Conservatives of many different stripes — and indeed some bemused liberals — have experienced the new censorship for themselves, especially as the Covid-19 pandemic has emboldened tech companies to police content more overtly. In the UK, TalkRadio briefly vanished from YouTube for airing anti–lockdown views that violated the company’s ‘community guidelines’. A recording of Lionel Shriver reading one of her Spectator columns on the pandemic was taken down for similar reasons. Carl Heneghan and Tom Jefferson, two Oxford academics, fell foul of Facebook’s censors when they wrote for this magazine about a briefly controversial paper on the efficacy of masks in Denmark.

You might think that FATGA have finally gone too far with their fatwa against a sitting president of the United States. You might think a red line really has been crossed when both Alexei Navalny and Angela Merkel express disquiet at big tech’s overreach. But no. To an extent that is remarkable, American liberals have mostly welcomed (and in some cases encouraged) this surge of censorship — with the honourable exception of the American Civil Liberties Union. 

True, during last year’s campaign the Biden team occasionally talked tough, especially about Facebook. However, it is increasingly clear that the most big tech has to fear from the Biden-Harris administration is protracted antitrust actions focused on their alleged undermining of competition which, if history is any guide, will likely end with whimpers rather than bangs. Either way, the issue of censorship will not be addressed by antitrust lawsuits. 

It is tempting to complain that Democrats are hypocrites — that they would be screaming blue murder if the boot were on the other foot and it was Kamala Harris whose Twitter account had been cancelled. But if that were the case, how many Republicans would now be complaining? Not many. No, the correct conclusion to be drawn is that the Republicans had their chance to address the problem of over-mighty big tech and completely flunked it. 

Only too late did they realise that Section 230 was Silicon Valley’s Achilles heel. Only too late did they begin drafting legislation to repeal or modify it. Only too late did Section 230 start to feature in Trump’s speeches. Even now it seems to me that very few Republicans really understand that, by itself, repealing 230 would not have sufficed. Without some kind of First Amendment for the internet, repeal would probably just have restricted free speech further.

As Orwell rightly observed, ‘we are all capable of believing things which we know to be untrue, and then, when we are finally proved wrong, impudently twisting the facts so as to show that we were right. Intellectually, it is possible to carry on this process for an indefinite time: the only check on it is that sooner or later a false belief bumps up against solid reality.’ 

Those words sum up quite a lot that has gone on inside the Republican party over the past four years. There it was, right in front of their noses: Trump would lead the party to defeat. And he would behave in the most discreditable way when beaten. Those things were predictable. But what was also foreseeable was that FATGA — the ‘new governors’, as a 2018 Harvard Law Review article called them — would be the true victors of the 2020 election.


No Fair Trial For Big Tech

By David R. HendersonHoover Institution

How do you make a case against capitalism while appearing to defend consumers’ rights and values? You make a movie called The Social Dilemma.

The movie is cleverly done. It purports to oppose manipulation by Big Tech of social media users, calling out advertisers who manipulate people for profit. At the same time, the movie engages in its own manipulation. How does it do so? To quote Elizabeth Barrett Browning, “let me count the ways.”

State the credentials only of the people on your side

Throughout the ninety-four-minute movie, various commentators argue that social media have done great harm. In every case but one, the commentators criticize social media, warning us of its many harms. The movie states quite prominently, without exception, the credentials for all the negative commentators, and the credentials are impressive. The main commentator throughout is Tristan Harris, identified as a former design ethicist at Google and also as president of the Center for Humane Technology. Another commentator is Sandy Parakilas, identified as a former platform operations manager at Facebook and a former product manager at Uber. Yet another is Justin Rosenstein, whom the movie identifies as a major player at Google and then Facebook. A fourth is Shoshana Zuboff, an emeritus professor at Harvard Business School and author of The Age of Surveillance Capitalism. That’s not a complete list.

In the whole movie, only one person expresses skepticism about the idea that manipulation by social media is sui generis. He expresses this view at a panel in which he challenges the aforementioned Tristan Harris. This skeptic points out that newspapers and print media also played on people’s addictions and ability to be influenced. He notes that when television came along, it did so as well, but in different ways. This, according to the skeptic, is just the next thing.

Here’s what’s most interesting about this skeptic. Only because I’m an economist do I know who he is. “That’s Kevin Murphy,” I said to my wife, who was watching the movie with me. Who’s Kevin Murphy? You wouldn’t know from watching the movie. You had to pay close attention even to know it was Kevin Murphy. I had to pause and rewind and only then did I notice that he had a name card in front of him. Probably not one viewer in fifty notices that, and probably not one viewer in a thousand knows who he is. So let me tell you. Kevin M. Murphy is a star economist at the University of Chicago. He won the John Bates Clark Medal in 1997, given in those days only once every two years to the most outstanding American economist under age forty. He’s the only business school professor ever to win a MacArthur genius award. But the movie tells you none of that.

That’s how the movie deals with controversy: allow only one person to challenge the narrative and don’t even tell the viewer who he is. The basic narrative is that Facebook, Google, and other social media manipulate us. But when it comes to manipulation, those media have nothing on the makers of The Social Dilemma.

Hint at the problem without ever showing the problem

The bad actors in the movie’s narrative are advertisers and the wealthy social media firms. At one point in the movie, Parakilas states, “It’s not like they’re [the social media companies] trying to benefit us. Right? We’re just zombies and they want us to look at more ads so they can make more money.” What’s the problem with that? You might think in a standard-length movie, the critics would try to say why. Here’s the amazing thing: they don’t.

So let’s fill in the missing reasoning. Think about why companies would pay social media firms to advertise. It’s to get people to buy their products. If advertising on social media were seen as completely ineffective, companies would pay precisely zero for advertising. The fact that they keep paying and that social media companies get rich by selling advertising, month in, month out, means that advertising is effective.

Wouldn’t you want the critics in the movie to then point to how advertising manipulates our tastes for products, causing us to buy things we don’t “really” want? Amazingly, they don’t.

The closest the movie comes to making a case is near the end of the movie, when Rosenstein states:

Corporations are using powerful artificial intelligence to outsmart us and figure out how to pull our attention to what they want us to look at, rather than the things that are most consistent with our goals and our values and our lives.

But why would they do that? Isn’t it easier to sell us things that are consistent with our goals, our values, and our lives?

The critics point out numerous times that the companies are continuously refining their algorithms to learn more and more about you. They imply that that’s bad without ever saying why. There’s an old saying whose origin is unknown that goes as follows: “Half the money I spend on advertising is wasted, and the trouble is I don’t know which half.”

I think we can all agree that waste is bad. So isn’t it good rather than bad that advertisers and social media are continually honing their tools to put in front of your eyes items that you really have a high probability of buying? They aren’t there yet. Sometimes when I Google an item I’m thinking of buying, within what seems to be minutes an ad for that item shows up on my Facebook page. It’s almost always mildly annoying, either because the advertised item is a brand I don’t want or because I was just exploring and have decided that I don’t want that item at all. Which means that not half, but perhaps 90 percent, of that advertising was wasted on me.

Some people find it creepy that advertisers know so much about us. I don’t, although I understand the feeling. But think back to how advertisers tried to reach us before social media existed. Imagine that you live in a Jewish household. Which kind of advertising by mail would you dislike more: mailers premised on the assumption that you’re Jewish or mailers premised on the assumption that your household is Muslim, Catholic, or Buddhist?

Make up history

In one segment of the movie, Harris contrasts social media with previous innovations, claiming that no one objected to bicycles on the grounds that those who used them would spend less time with their families. Neither he nor the movie presents any evidence for his claim. But here’s what I found with just a little search (on Google, by the way) about early attitudes toward the bicycle. In a 2001 book titled The Ride to Modernity: The Bicycle in Canada, 1869–1900, author Glen Norcliffe quotes an essay by Heather Watts on early cycling in Nova Scotia. Watts writes:

At a time when higher education, women’s suffrage, and the movement for dress reform were all topics of heated discussion, the bicycle became one more liberating influence on the restricted lifestyle of Victorian women. . . . This element of freedom and independence greatly appealed to women. They were no longer left at home, but could go on outings with their women friends or accompany their young man on an equal basis. Once tasted, the new freedom was hard to abandon.

If bicycling was a liberating force for women, and if women were able to ride with their women friends, is there much doubt about whether some critics at the time claimed that bicycling women would spend less time with their families?

Play up the downside of social media with little attention to the upside

I do think the movie scored a direct hit on a huge downside of social media: the purported effects on people between the ages of ten and nineteen. It presented some disturbing data about the effects on young girls, especially those ages ten to fourteen, of media such as Instagram that encourage them to compare their faces and bodies with what seem to be regarded as ideal body types. Here are two shocking statistics about what has happened since 2011, when Facebook and other social media had become widespread: the number of girls aged ten to fourteen per 100,000 who are admitted to hospitals for cutting themselves or harming themselves in other ways has risen 189 percent, and the number of girls aged ten to fourteen per 100,000 who have committed suicide has risen 151 percent. 

One critic, Jonathan Haidt, a psychology professor at New York University’s Stern School of Business, gives a straightforward solution: set an age below which your child is not allowed to use social media and limit your child’s use of such media. To say it’s straightforward is not to say it’s easy. It’s probably hard, but parenting is hard.

To their credit, the critics do mention some upsides to social media. Harris says you can get on your smartphone and have a car show up quickly. Critic Tim Kendall, identified as the former president of Pinterest, notes that social media have helped people find long-lost relatives and organ donors. That’s pretty big.

But there are many more upsides. I can find some half-forgotten poem from high school when I remember only one sentence. That happened just last month with this poem. We can check a fact, we can follow friends, not just family, with whom we had lost touch, and we can compare airfares and make airline reservations in minutes, without either the use of a travel agent or even a phone call. I’ve just scratched the surface.

Discuss the upside as if it’s the downside

Critic Bailey Richardson, an early team member of Instagram, says that when the Internet first started, it was a weird, wacky place with lots of creativity. She recognizes that creative things still happen on the Internet, but now, she says, it feels like a “giant mall.”

That’s bad? Some people whom I’m close to have restricted diets because of various ailments. For them, shopping online has been wonderful. One person in particular needs to keep gluten out of her diet. And she is able to find appealing, tasteful, gluten-free items online much more easily than if she had to shop in her semi-urban, semi-rural part of the country. Imagine if she lived in, say, rural Nevada. Shopping online could be a godsend.

Attack wealth when it’s not that of your allies

At many points in the movie, the critics point out disdainfully how wealthy the social media companies are. That raises two questions. First, is there some chance they got that way by making things we want more available? Answer: yes. Second, how wealthy are these critics? Answer: very. Critic and investor Roger McNamee, for example, is a billionaire. Justin Rosenstein’s net worth is $150 million. The other critics are multimillionaires. Honestly earned wealth is not a mark against the wealthy, whether the wealthy be social media critics or social media firms.

Lay out your real agenda, with no evidence, at the end

Near the end of the movie, probably many viewers are hooked. Then we get to what seems to be the agenda of the critics and the movie makers: to end, or highly regulate, free markets.

Zuboff states, “These markets undermine democracy and undermine freedom and they should be outlawed.” The movie director possibly forgot to insert a sentence or two telling us which markets Zuboff is referring to. Whatever markets she wants to end, that would be a major hit on capitalism.

Rosenstein complains that social media corporations go unregulated “as if somehow magically each corporation acting in its selfish interest is going to produce the best result.” One gets the idea that he’s never read Adam Smith, who indeed did arguein The Wealth of Nations that “it is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own self-interest.”

Rosenstein also says mining the earth and pulling oil out of the ground are bad for humans. He claims as evidence of a warped, for-profit system that trees and whales are worth more dead than alive. And then he jumps the shark, or maybe I should say the whale, by saying “we’re the tree; we’re the whale.” How exactly social media companies kill us and how exactly they gain from dead consumers he leaves as an exercise for the viewer.

Coda

Various friends told me that The Social Dilemma would upset me. It did. As noted, I found the facts about young girls very disturbing. The biggest upset, though, is that a bunch of critics and a movie director manipulate viewers into not knowing that there is another side to this debate, understate the benefits of social media, and use the movie as a vehicle for a rant against capitalism. Other than that, the movie was great. 


Can Macron stem the tide of Islamism in France?

By Ayaan Hirsi AliThe Spectator

Just over a week ago, Emanuel Macron said he wanted to end ‘Islamic separatism’ in France because a minority of the country’s estimated six million Muslims risk forming a ‘counter-society’. On Friday, we saw yet another example of this when a  history teacher was decapitated in the street on his way home in a Paris suburb. Samuel Paty had discussed the free speech in the classroom and shown cartoons of Mohammed. Some parents had protested, leading to a wider fuss – and, eventually, his murder. M Paty was murdered, Macron said, “because he taught the freedom of expression, the freedom to believe or not believe.” The president is now positioning himself as the defender of French values, determined to drain the Islamist swamp.

That Macron even gave an anti-Islamism speech was itself a sign of how fast the debate is moving in France. Five years ago, when Fox News referred to ‘no-go zones’ in Paris, the city’s mayor threatened to sue. Now we have an avowed centrist like Macron warning that the ‘final goal’ of the ‘ideology’ of Islamism is to ‘take complete control’ of society. Anyone making such arguments just a few years ago would have been condemned by the left as an extremist. Macron is promising a law on ‘Islamist separatism’, restricting home-schooling of Muslims and demanding that Islamic groups in receipt of French state funding will have to sign a ‘secular charter’.

But if he’s serious, why stop there? A week before his speech, for example, there was a stabbing outside the offices of Charlie Hebdo, which France’s interior minister described as an ‘act of Islamist terrorism’ and a ‘new, bloody attack against our country’. It would be brave and powerful to put up a monument in memory of people who were killed by the Islamists while fighting for freedom of speech: perhaps a statue of the Charlie Hebdo team or my late friend Theo van Gogh. At the statue’s unveiling, Macron might refute the false notion — increasingly widespread today — that scrutinising Islamism and Islamists is an act of ‘Islamophobia’. Defending universal human rights is an act of compassion, not a ‘phobia’; failing to make this point only leaves an opportunity for the real bigots of the far right.

In his speech, Macron also said that the ‘challenge is to fight against those who go off the rails in the name of religion… while protecting those who believe in Islam and are full citizens of the republic’. If he really means this, perhaps he could provide security and support to those French Muslims courageously speaking out against radical Islam? He could also support those French Muslims who seek to modify Sharia, historically contextualise the Sunnah (traditional Muslim practices) and establish a meaningful boundary between religion and state by challenging doctrinal purity. In the effort to combat the extremists, it is vital to distinguish the Muslims pushing for real change from the Islamists with silver tongues. A great many French Muslims are fighting against the Islamists, and Macron could do far more to support them.That he even gave an anti-Islamism speech was a sign of how fast the debate is moving in France

The battle of ideas against Islamism will, of necessity, be a long one and if he hopes to succeed Macron must ensure that French civil society and philanthropic foundations are fully engaged in this effort. He should disband subversive Islamist organisations that lay the ideological groundwork for violence, while calling on his fellow European leaders to do the same. It’s amazing how many of them, even now, prefer to avoid the topic.

He might also strengthen immigration laws to ensure that French civic values are taken into account in admission decisions. Those admitted to the Republic from abroad should be told to embrace the French notion of social cohesion, which means they cannot embrace separatism or Islamism, or belong to organisations that do.

Existing laws should be used more too. Not so long ago, an Algerian woman who refused to shake hands with male officials at a French naturalisation ceremony was denied citizenship as a result. Islamists can, in this way, be served notice that France is not their natural home.

French law allows the government to reject naturalisation requests on grounds of ‘lack of assimilation, other than linguistic’. So in the spirit of this law, Macron should start to repatriate asylum-seekers who engage in violence or the incitement of violence — particularly against women. 

In foreign policy, he could tackle the ideological extremism that is disseminated by the governments of Qatar and Turkey — among others — through their support of Islamists, Islamist foundations and communitarianism in Europe (including France). He could take a much stronger stand against the Iranian regime — bilaterally as well as at the EU level — for its hostile activities on European soil, its vicious cruelty towards its own population and its efforts to export revolutionary Islamism throughout the Middle East. This would also mean further strengthening France’s ties to Israel, the UAE and Egypt and demanding that Saudi Arabia stop funding Wahhabi extremists abroad.

France’s corps diplomatique still possesses exceptional historical and linguistic knowledge of Africa, Asia and the Middle East. This could be used to counter the activities of groups such as the Muslim Brotherhood, Tablighi Jamaat, Hezbollah, Hizb ut-Tahrir and their many branches and offshoots. Macron says his Bill will ‘dissolve’ Islamic groups whose principles clash with those of the French Republic. He can do so by cutting off the financial flows from foreign powers to the Islamist organisations within France.

Macron is right: Islamic separatism does indeed threaten to turn France into two nations. But if the problem is to be addressed, the French people need to be shown that the President has the guts not just to call out radical Islam — but also to take real, practical steps to defeat it.


America, Google and Me: My Senate Speech

By Dennis PragerRealClear Politics

Last week, at the invitation of Sen. Ted Cruz, I spoke to the Senate Judiciary Committee about Google’s having placed more than 60 Prager University videos on its restricted list. Any family that filters out pornography and violence cannot see those particular videos on YouTube (which is owned by Google); nor can any school or library.

This statement is as much about what I and PragerU stand for as it is about Google. Those interested in viewing the presentation can do so here:

It is an honor to be invited to speak in the United States Senate. But I wish I were not so honored. Because the subject of this hearing — Google and YouTube’s (and for that matter, Twitter and Facebook’s) suppression of internet content on ideological grounds — threatens the future of America more than any external enemy.

In fact, never in American history has there been as strong a threat to freedom of speech as there is today.
Before addressing this, however, I think it important that you know a bit about me and the organization I co-founded, Prager University — PragerU, as it often referred to.

I was born in Brooklyn, New York. My late father, Max Prager, was a CPA and an Orthodox Jew who volunteered to serve in the U.S. Navy at the start of World War II. My father’s senior class thesis at the City College of New York was on anti-Semitism in America. Yet, despite his keen awareness of the subject, he believed that Jews living in America were the luckiest Jews to have ever lived.

He was right. Having taught Jewish history at Brooklyn College, written a book on antisemitism and fought Jew-hatred my whole life, I thank God for living in America.

It breaks my heart that a vast number of young Americans have not only not been taught how lucky they are to be Americans but have been taught either how unlucky they are or how ashamed they should be.

It breaks my heart for them because contempt for one’s country leaves a terrible hole in one’s soul and because ungrateful people always become unhappy and angry people.

And it breaks my heart for America because no good country can survive when its people have contempt for it.

I have been communicating this appreciation of America for 35 years as a radio talk show host, the last 20 in national syndication with the Salem Radio Network — an organization that is a blessing in American life. One reason I started PragerU was to communicate America’s moral purpose and moral achievements, both to young Americans and to young people around the world. With a billion views a year, and with more than half of the viewers under age 35, PragerU has achieved some success.

My philosophy of life is easily summarized: God wants us to be good. Period. God without goodness is fanaticism and goodness without God will not long endure. Everything I and PragerU do emanates from belief in the importance of being a good person. That some label us extreme or “haters” only reflects on the character and the broken moral compass of those making such accusations. They are the haters and extremists.

PragerU releases a five-minute video every week. Our presenters include three former prime ministers, four Pulitzer Prize winners, liberals, conservatives, gays, blacks, Latinos, atheists, believers, Jews, Christians, Muslims and professors and scientists from MIT, Harvard, Stanford and a dozen other universities.

Do you think the secretary-general of NATO; or the former prime ministers of Norway, Canada or Spain; or the late Charles Krauthammer; or Philip Hamburger, distinguished professor of law at Columbia Law School, would make a video for an extreme or hate-filled site? The idea is not only preposterous; it is a smear.

Yet, Google, which owns YouTube, has restricted access to 56 of our 320 five-minute videos and to other videos we produce. “Restricted” means families that have a filter to avoid pornography and violence cannot see that video. It also means that no school or library can show that video.

Google has even restricted access to a video on the Ten Commandments … Yes, the Ten Commandments!

We have repeatedly asked Google why our videos are restricted. No explanation is ever given.

But of course, we know why: because they come from a conservative perspective.

Liberals and conservatives differ on many issues. But they have always agreed that free speech must be preserved. While the left has never supported free speech, liberals always have. I therefore appeal to liberals to join us in fighting on behalf of America’s crowning glory — free speech. Otherwise, I promise you, one day you will say, “First they came after conservatives, and I said nothing. And then they came after me. And there was no one left to speak up for me.”

Thank you.


FCC Chairman: Net-Neutrality Supporters Saw ‘Political Advantage’ in Stirring ‘Fear’

By Mairead Mcardle • National Review

Federal Communications Commission chairman Ajit Pai said Friday that some advocates of net neutrality saw a political advantage in fomenting fear about the policy’s end.

Pai joined Charles Cooke of National Review at the National Review Institute’s 2019 Ideas Summit to discuss how the agency’s role has changed from its founding in the 1930s to today.

“Net neutrality” is a “very seductive marketing slogan,” Pai said. But “ultimately what it means is government regulation of the Internet.”

“As to the question of why people are upset, I’ll be candid. I think it’s because a lot of people saw a political advantage in fomenting a lot of fear,” he continued, recalling the doom-and-gloom warnings of critics who warned that Pai’s rollback of Obama-era net-neutrality regulations would be the “end of the Internet as we know it.”

“Last time I checked, you can still hate-tweet your favorite FCC chairman,” he quipped.

Continue reading


Publishers, Not Trump, Endanger Free Speech

By Kyle Smith • National Review

The First Amendment has never been stronger. Yet freedom of speech is under dire threat. Both of these things can be true, and both are.

The kinds of corporations that frequently proclaim their dedication to the First Amendment — and are quick to denounce President Trump’s taunts of the media — are doing something Trump has not done and will not do: muzzling writers. Publishers are presenting authors with contracts containing clauses that essentially say, “We will cut you loose should a Twitter mob come after you.” It’s a revolting, shameful trend.

As Judith Shulevitz writes in the New York Times, Condé Nast, publisher of The New Yorker, Vanity Fair, and many other magazines, recently started burying in its standard writers’ contracts a landmine. If the company should unilaterally rule that the writer has become “the subject of public disrepute, contempt, complaints or scandals,” the publisher can void the contract. Shulevitz mislabels such stipulations “morality clauses.” To paraphrase Mae West, morality has nothing to do with it. “Cowardice clauses” would be nearer the mark. Continue reading


The New NAFTA Trade Deal Lets Big Tech Squelch Conservative Speech

By Jeremy Carl • The Federalist

Less than two weeks ago, President Trump signed the U.S.-Mexico-Canada Agreement intended to be the successor to the North American Free Trade Agreement, which Trump has attacked for decades. The White House says the agreement will “better serve the interests of American workers and businesses” and “includes the strongest digital trade … provisions of any United States trade agreement.”

Unfortunately, an obscure article in one provision of the agreement only serves the interests of the largest tech monopolies by granting them special privilege to censor conservatives. Congress should demand the removal or amendment of this article before giving consent to confirm section 230.

How did this happen? Big Tech lobbyists orchestrated the quiet insertion of a seemingly innocuous provision (Article 19.17) into the deal that is based on Section 230 of the Communications Decency Act. Continue reading


University Policy Allows Expulsion for ‘Mean’ Facial Expressions

by Katherine Timpf • National Review

Nobody likes a mean person, and it’s better to be nice. But there is nothing nice about restricting students’ speech.

The University of Montana Western has a policy that allows for punishing students for “mean” words or “facial expressions” — and that punishment could technically be as severe as expulsion.

“While discussions may become heated and passionate, they should never become mean, nasty or vindictive in spoken or printed or emailed words, facial expressions, or gestures,” states the Student Code of Conduct.

Another area of the code states that “committing any act prohibited by this Code of Conduct may result in expulsion or suspension from the University unless specific and mitigating factors are present.”

“Factors to be considered in mitigation may include the present attitude and past disciplinary record of the offender, as well as the nature of the offense and the severity of any damage, injury, or harm resulting from it,” the code continues. Continue reading


It’s Time For Congress To Treat Twitter As A Publisher

By James Altschul • The Federalist

After two days of public outcry, Twitter has reinstated the account of conservative commentator Jesse Kelly. Contradicting their initial message to Kelly, which notified him that his account had been “permanently suspended” and “[would] not be restored,” a Twitter spokesperson stated on Tuesday that Kelly’s account had instead been “temporarily suspended for violating the Twitter rules.” Precisely which rules Kelly violated were not specified.

Given the opacity of the process, we can only speculate on what caused Twitter to reverse course, but a good bet would be the threat of governmental reprisal hinted at by tweets from Sen. Ben Sasse and Senator-elect Josh Hawley.

While Sasse merely commented that “The trend of de-platforming and shutting down speech is a bad precedent for our free speech society,” Hawley was more explicit, writing, “The new Congress needs to investigate…Twitter is exempt from liability as a ‘publisher’ because it is allegedly ‘a forum for a true diversity of political discourse.’ That does not appear to be accurate.” Continue reading


Meet The New Censors: Facebook’s Zuckerberg, Twitter’s Dorsey And YouTube’s Wojcicki

Investor’s Business Daily

We can remember when the left used to accuse conservatives of being prudish censors. Now it’s the left that appears determined to censor speech it doesn’t like. And they appear to have three incredibly powerful allies in their quest: Facebook, Twitter and YouTube.

The CEO’s of those tech giants — Mark Zuckerberg, Jack Dorsey, and Susan Wojcicki — routinely describe their services as neutral platforms, fiercely committed to openness and free expression.

“Twitter stands for freedom of expression,” Dorsey once declared. Twitter’s general manager in the U.K. once called it “the free speech wing of the free speech party.”

YouTube parent Google claims that “the flow of ideas and open access to information on the web helps communities grow and nations prosper.”

Zuckerberg told a Senate hearing on Tuesday that Facebook is “a platform for all ideas.” Continue reading


The Left’s Diversity and Tolerance Veneer

by Ben Domenech • The Federalist

The firing of Kevin Williamson from The Atlantic on the day he was set to give an opening Q&A in their offices was sadly unsurprising given the pattern of these types of hires. It is an incident that will be referred to largely as a “media story”, meaning that Williamson is not a figure so prominent nor The Atlantic a brand so ubiquitous as to graduate this to a national story, in the way that the situations of Brendan Eich at Mozilla or James Damore at Google became national cable news stories. But they really are the same story, a story about the times that we live in and the changing nature of America. They tell a story about what happens when a talented individual has deeply held beliefs those in his profession find unacceptable.

This story is a predictable continuation of the left’s ownership not just of media but indeed of all institutions. It is depressing. It is predictable. And it is where we are as a country now. It is not confined to the realm of ideas. Eich, Damore, Williamson and others are subject to blacklists and HR reports and firing in every arena of industry and culture. If you have wrongthink, you will not be allowed for long to make your living within any space the left has determined they own – first the academy, then the media, then corporate America, and now the public square. You will bake the cake, you will use the proper pronoun, and you will never say that what Planned Parenthood does is murder for hire, and should be punished as such under the law.

Imagine what the few lonely voices that inhabit a position at a prominent publication or network to the right of Hillary Clinton on social issues if their hiring was taking place right now. Imagine what Ross Douthat would be going through if the Times hired him today (recall he was at The Atlantic before that). Continue reading


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