SCOTUS Declines To Punish the Feds for Suppressing Social Media Speech

The Supreme Court will allow federal agencies to resume widespread communication with social media companies for the purposes of suppressing controversial speech. For everyone who was perturbed by the Twitter Files and Facebook Files—which revealed a vast web of government pressure on private actors, called jawboning—this is a regrettable outcome.

The case was Murthy v. Missourialso known as Missouri v. Biden—and involved a group of individuals who were kicked off Facebook and Twitter. They contended that the platforms took such actions at the behest of the federal government. The Court held 6-3 that the plaintiffs lacked standing to bring such a case and thus the lower court, the 5th Circuit, erred in prohibiting the government from engaging in said communications with social media companies.

Writing for the majority, Associate Justice Amy Coney Barrett explained that the plaintiffs failed to offer up overwhelming evidence that government malfeasance was the cause of their woe.

“The primary weakness in the record of past restrictions is the lack of specific causation findings with respect to any discrete instance of content moderation,” she wrote. “And while the record reflects that the Government defendants played a role in at least some of the platforms’ moderation choices, the evidence indicates that the platforms had independent incentives to moderate content and often exercised their own judgment. The Fifth Circuit, by attributing every platform decision at least in part to the defendants, glossed over complexities in the evidence.”

In his writeup for The Volokh Conspiracy, Case Western Reserve University law professor Jonathan Adler notes other standing issues: The plaintiffs failed to show that a repeat injury was likely, for instance, which is a requirement for injunctive relief.

“The Court emphasizes that it is always more difficult to show standing when the alleged injury ‘results from the independent action of some third party not before the court,’ in this case the social media companies,” writes Adler.

Three of the justices—Samuel Alito, Clarence Thomas, and Neil Gorsuch—saw matters differently. In dissent, Alito expressed the view that the plaintiffs were being held to too high a standard, and that the evidence of government suppression was quite extensive.

“In sum, the officials wielded potent authority,” wrote Alito. “Their communications with Facebook were virtual demands. And Facebook’s quavering responses to those demands show that it felt a strong need to yield.”

Alito’s dissent includes a lengthy summary of the dubious actions taken by the federal government to induce social media companies to remove contrarian COVID-19 content; the justice concludes that White House communications staffers badgered Facebook into compliance.

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“DMCA Does Not Apply”: Musk Says X Will Not Remove CNN Debate Streams, Footage

X owner Elon Musk has clarified that the platform will not block or remove live streams and footage of the Presidential debate on Thursday, despite apparent demands by CNN that social media companies do not allow creators to use their feed.

Podcaster Tim Pool claimed that he’d been told by CNN that he would not be legally allowed to simulcast the debate and provide his own commentary and fact checks on it.

The Post Millenial then highlighted an email they received from CNN, in which the network stated that “CNN’s debates are exclusive to CNN and may not be streamed or streamed with verbal or digital commentary on any platform or social media site by another party, other than the embeddable YouTube player via the CNN YouTube channel.”

The email also stated “Podcast Use: Similar to broadcast rules, news organizations may use audio clips (up to 3:00 minutes at a time) on their shows after the debate conclude and must credit the ‘CNN Presidential Debate’ verbally in introducing the clip.”

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World Economic Forum Pushes For AI Use and Collaboration in Fighting “Misinformation”

The dual approach of talking up the benefits of AI when it comes to using this still very much emerging tech to combat “disinformation,” while warning against the perils of AI in creating that same “disinformation” – continues.

The point at which these two approaches converge is censorship – “both disinformation warriors” who want to use AI in their fight, and AI doomsayers who claim deepfakes will destroy democracies, work towards “monitoring,” “labeling,” and ultimately, controlling content.

And sometimes they’re the same informal but powerful groups, or government agencies and legacy media.

In this “installment” of the AI story coming from the World Economic Forum (WEF), authored by heads of AI, Data, and Metaverse Cathy Li and Global Coalition for Digital Safety Project Lead Agustina Callegari, we learn that WEF would like policymakers, tech firms, researchers, and civil rights groups to all band together and push for deployment of advanced AI-driven systems combating “disinformation and misinformation.”

The technique they would like explored, developed, and used would rely on pattern, language, and context analysis “to aid content moderation.”

The two authors of the post published by WEF are optimists: they think (or say they do) that AI-driven content analysis is at a level where it is capable of “understanding” context almost perfectly – or as they put it, understanding “the nuances between misinformation (unintentional spread of falsehoods) and disinformation (deliberate spread).”

The article speaks favorably about authenticity and watermarking of content – such as is done by Adobe, Microsoft, et al., through their Coalition for Content Provenance and Authenticity (C2PA), throwing the obligatory bone in the direction of those worried about privacy and protecting journalists from persecution “in conflict zones” (but what about journalists in all the other zones?)

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Big Tech Coalition Partners With WEF, Pushes “Global Digital Safety” Standards

Big Tech coalition Digital Trust & Safety Partnership (DTSP), the UK’s regulator OFCOM, and the World Economic Forum (WEF) have come together to produce a report.

The three entities, each in their own way, are known for advocating for or carrying out speech restrictions and policies that can result in undermining privacy and security.

DTSP says it is there to “address harmful content” and makes sure online age verification (“age assurance”) is enforced, while OFCOM states its mission to be establishing “online safety.”

Now they have co-authored a WEF (WEF Global Coalition for Digital Safety) report – a white paper – that puts forward the idea of closer cooperation with law enforcement in order to more effectively “measure” what they consider to be online digital safety and reduce what they identify to be risks.

The importance of this is explained by the need to properly allocate funds and ensure compliance with regulations. Yet again, “balancing” this with privacy and transparency concerns is mentioned several times in the report almost as a throwaway platitude.

The report also proposes co-opting (even more) research institutions for the sake of monitoring data – as the document puts it, a “wide range of data sources.”

More proposals made in the paper would grant other entities access to this data, and there is a drive to develop and implement “targeted interventions.”

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The Censorship-Industrial Complex and How It has the Internet in its Grip

Since the 1960s, the military-industrial complex has influenced and driven American policy to profit cynically from conflict and war.  But in this decade, a new complex has arrived, one that is far more dangerous to American values.  It is the censorship-industrial complex (CIC), which has gained tremendous control over the internet.

When the internet-backed World Wide Web was created in 1989, it democratized information and connectedness.  Through rapid commercialization, it unleashed unlimited possibilities and economic growth.  Equally, it became a haven of free expression, debate, and creativity.  These ideals crystallized into the five principles of the 2012 Declaration of Internet Freedom: non-censorship; universal access; freedom to connect and create; the right to privacy and control of personal information; and protection for technology and innovation.

But governments and the elites that control them were quick to move in, sensing the threat to their authoritarian instinct.  At work since 2016, the pernicious CIC gained strength during the Covid-19 pandemic, amplifying government-approved narratives that favored the agenda of the elites.  Furthering the advance to the Great Reset, it now works to color content and discourse in the leftist hues that disguise the intent and operations of the global elites.

Mike Benz, a former State Department official who now heads the Foundation for Freedom Online and is a staunch campaigner against the CIC, reveals that the complex is controlled by the State Department, the Defense Department, the CIA, MI6, and Brussels.  The turning points, according to him, were the Brexit referendum, the election of Donald Trump, and elections in the Philippines, in all of which the internet played an important role.  Therefore, it was decided to end free speech on the internet and control the flow of information.  Since the American government was hamstrung by the First Amendment, NGOs and fronts were enlisted for “doing the dirty work.”

The Biden administration continues on that path.  In 2022, days after Elon Musk committed to a pro-free speech vision on acquiring Twitter, the White House issued the Declaration for the Future of the Internet, in direct contradiction with the 2012 Declaration of Internet Freedom.  The language, of course, answers to all the shibboleths of freedom.  But while criticizing the policies of “authoritarian” governments, the declaration calls for curbing “disinformation” and “harassment” in the pursuit of “reclaiming the promise of the internet.”  It expresses concern about online platforms that spread “illegal or harmful content,” threaten safety and foment violence, and undermine “respect for and protection of human rights and democratic institutions.”

The question, obviously, is who decides what amounts to disinformation, harassment, and illegal or harmful content. 

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Parents, Not Lax Regulation, To Blame for Tweens’ Excessive Screen Time

Instead of calling on the federal government to regulate tween and teen use of social media, perhaps we should look a little closer to home. A new study suggests parental policies and habits around screens are a significant predictor of problematic use among adolescents.

One major finding: Kids getting too much “screen time” are more likely to have parents who get too much screen time.

“One of the biggest predictors of adolescents’ screen use is their parents’ screen use,” pediatrician and lead study author Jason Nagata told The Washington Post.

This was a massive study looking at the screen habits of more than 10,000 kids ages 12 and 13. Published in the journal Pediatric Research, the study—”Associations between media parenting practices and early adolescent screen use”—looked at how often parents used cellphones or other screens around their kids and family policies surrounding technology, such as whether screens were often employed during meal times (35.6 percent said yes), whether kids had access to screens in their bedrooms (46.2 percent said yes), and whether parents monitored and/or limited screen time during the week (67.4 percent and 76.2 percent said yes). Researchers also examined how often the children of these parents engaged in tech-based activities (including using social media, playing video games, and being on a cell phone generally) and how this affected various aspects of their lives.

The researchers found that “parent screen use, family mealtime screen use, and bedroom screen use were associated with greater adolescent screen time and problematic social media, video game, and mobile phone use.”

In addition, “parental use of screens to control behavior (e.g., as a reward or punishment) was associated with higher screen time and greater problematic video game use.”

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‘His followers who worship Monkey and Elephant’: Democrat charged with felony for allegedly creating fake Facebook account to harass himself with racist, xenophobic messages

A candidate for county office in the far-flung Houston suburbs allegedly impersonated racists online — attacking himself with racist and xenophobic posts — in order to bring attention to his campaign.

Taral Patel, 30, has been the Democrat running for Fort Bend County Commission Precinct 3 since last year. As of this week, he stands accused of one count each of online impersonation, a third-degree felony, and misrepresentation of identity, a Class A misdemeanor.

On Sept. 18, 2023, Patel authored a lengthy Facebook post that contained an image collage of several different Facebook posts. Among those posts were instances of anti-Asian, anti-Pakistani, anti-Indian, anti-Hindu, anti-Chinese, anti-George Soros, anti-taxation, anti-Democrat, anti-curry, and anti-communist rhetoric. The collage featured multiple users often extolling the virtues of Christianity, America, and the GOP — as well as the Republican incumbent in the race — though a few such identities were redacted.

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State Department Won’t Say If It’s Colluding With Big Tech To Censor Speech Ahead Of 2024 Election

The State Department is refusing to say whether it is communicating with Big Tech platforms to censor free speech online leading up to the 2024 election.

The agency’s silence on the matter came after The Federalist asked about a new working group launched by the United States and Poland on Monday that seeks to counter Russian “disinformation” about Moscow’s ongoing invasion of Ukraine. Called the “Ukraine Communications Group (UCG),” the body will involve the two aforementioned countries and representatives from NATO states, and work to “coordinate messaging, promote accurate reporting of Russia’s full-scale invasion, amplify Ukrainian voices, and expose Kremlin information manipulation.”

According to the Associated Press, James Rubin, the special envoy and coordinator for the State Department’s Global Engagement Center (GEC), was involved with and attended the UCG’s inaugural launch in Warsaw. As The Federalist’s Margot Cleveland previously explained, GEC “funded the development of censorship tools” that work to silence (primarily conservative) speech online and “used ‘government employees to act as sales reps pitching … censorship products to Big Tech.’”

Notably, Rubin and the GEC are named defendants in a lawsuit filed by The Federalist, The Daily Wire, and the state of Texas in December to stop the federal government’s censorship operations.

When pressed by The Federalist on whether the UCG or its participating members — including the State Department and GEC — will be collaborating with Big Tech and social media companies to censor what they deem to be “Russian disinformation,” a State Department spokesman claimed the working group “is a coordination mechanism between governments and will not involve collaboration with private technology companies or social media companies.”

“The UCG member states intend to work together to unify our communication efforts and ensure the world hears Ukraine’s story and never forgets the Kremlin’s ongoing efforts to wipe Ukraine off the map and subjugate its people,” the representative said.

However, when subsequently pressed on whether the State Department or GEC are collaborating or plan to collaborate with Big Tech and social media companies outside of their work with the UCG to counter so-called “disinformation,” the spokesman did not respond to The Federalist’s request for comment.

Meanwhile, the FBI confirmed to The Federalist last month it has resumed communications with social media platforms ahead of the 2024 election. The Cybersecurity and Infrastructure Security Agency (CISA) — another wing of the government’s censorship-industrial complex — declined to comment when asked about its alleged resumed communications with Big Tech.

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Israeli government spends $2 million on covert social media influence operation targeting U.S. lawmakers, American populace

The Israeli government has been implicated in a $2 million influence campaign targeting American lawmakers and the broader populace of the United States.

This operation employs fabricated social media profiles and deceptive websites featuring tailored pro-Israel content designed to resonate with various political beliefs.

Stoic, an Israeli political marketing agency, was contracted by Israel’s Ministry of Diaspora Affairs and Combating Antisemitism following Hamas’ attack against Israel on Oct. 7, 2023. The firm was provided an estimated budget of $2 million and given the task of increasing U.S. support for Israeli military actions in Gaza.

The ongoing operation utilizes hundreds of bogus accounts across platforms like X, Facebook and Instagram, masquerading as American individuals and disseminating pro-Israel propaganda.

The Israeli disinformation watchdog, the FakeReporter, initially exposed this campaign in March. However, a report released by the organization on June 5 unveils the operation’s broader scope, extending beyond social media manipulation.

The report reveals an intricate web of fabricated social media profiles and fake websites promoting pro-Israeli, anti-Arab and anti-Palestinian narratives. Each website caters to distinct political ideologies.

According to the report, one of these websites presents itself as anarchist and anti-establishment, targeting young progressives who align with the principles of leftism and anarchism. The website uses anarchist arguments to oppose the establishment of a Palestinian state in Gaza, East Jerusalem and the West Bank in accordance with the two-state peace solution to the conflict. The website advocates for the rejection of all current state structures and the creation of new states.

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Trudeau Pushes Online Censorship Bill To “Protect” People From “Misinformation”

Canadian Prime Minister Justin Trudeau last week complained that governments have allegedly been left without the necessary tools to “protect people from misinformation.”

This “dire” warning came as part of Trudeau’s effort to have the Online Harms Act (Bill C-63) – one of the most controversial of its kind pieces of censorship legislation in Canada of late – pushed across the finish line in the country’s parliament.

C-63 has gained notoriety among civil rights and privacy advocates because of some of its provisions around “hate speech,” “hate propaganda,” and “hate crime.”

Under the first two, people would be punished before they commit any transgression, but also retroactively.

However, in a podcast interview for the New York Times, Trudeau defended C-63 as a solution to the “hate speech” problem, and clearly, a necessary “tool,” since according to this politician, other avenues to battle real or imagined hate speech and crimes resulting from it online have been exhausted.

Not one to balk at speaking out of both sides of his mouth, Trudeau at one point essentially admits that the more control governments have (and the bill is all about control, critics say, regardless of how its sponsors try to sugarcoat it) the more likely they are to abuse it.

He nevertheless goes on to declare that new legislative methods of “protecting people from misinformation” are needed and, in line with this, talk up C-63 as some sort of balanced approach to the problem.

But it’s difficult to see that “balance” in C-63, which is currently debated in the House of Commons. If it becomes law, it will allow the authorities to keep people under house arrest should they decide these people could somewhere down the line commit “hate crime or hate propaganda” – a chilling application of the concept of “pre-crime.”

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