The Bipartisan Urge To Control Online Speech

According to the Biden administration, federal officials who urged social media companies to suppress “misinformation” about COVID-19 and other subjects were merely asking platforms like Facebook and Twitter to enforce their own rules. But according to the social media users whose speech was stifled as a result of that campaign, it crossed the line between permissible government advocacy and censorship by proxy.

The U.S. Supreme Court has agreed to resolve that dispute by deciding whether a federal judge and an appeals court were right to conclude that the administration violated the First Amendment when it sought to limit the influence of content it viewed as dangerous. The case is one of several controversies that illustrate the bipartisan urge to control online speech.

Two other cases on the Court’s docket involve Florida and Texas laws that, like the Biden administration’s anti-misinformation crusade, aimed to shape private content moderation decisions. While Joe Biden demanded removal of posts he thought social media companies should not allow, Republicans who backed these state laws insisted that the platforms allow speech they otherwise might be inclined to remove.

A Democratic president was offended by conservative speech that contradicted his agenda. Republican legislators and governors, meanwhile, were angry at social media companies they perceived as biased against conservatives. Although those situations might look different, they raise the same basic issue.

Should social media companies be free to set and enforce their own content rules, or should politicians have the power to override those decisions? The answer seems clear if you think the First Amendment protects editorial discretion, as the Supreme Court has repeatedly held.

New York legislators rejected that proposition when they enacted a 2022 law that requires social media platforms to police “hateful” speech, which is indisputably protected by the First Amendment. A federal judge enjoined enforcement of that law in February, and New York is now asking the U.S. Court of Appeals for the 2nd Circuit to intervene.

While attempts to censor “hate speech” are mainly a Democratic thing, members of both major parties agree that they should not have to put up with irksome criticism when they use their social media accounts for official purposes. Politicians ranging from Donald Trump to Rep. Alexandria Ocasio-Cortez (D–N.Y.) have asserted the prerogative to block users whose opinions annoyed them.

That practice, the banished critics argued, violated their First Amendment right to participate in public forums created by thin-skinned government officials. In a 2019 case involving then-President Trump’s personal Twitter account, the 2nd Circuit agreed.

“Once the President has chosen a platform and opened up its interactive space to millions of users and participants,” the appeals court said, “he may not selectively exclude those whose views he disagrees with.” Although that case became moot after Trump left office, the underlying issue persisted, as reflected in two cases that the Supreme Court will hear during its current term.

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Israel floods social media to shape opinion around the war

A photo with a bloody dead baby whose face is blurred has been circulating on X for the last four days. 

“This is the most difficult image we’ve ever posted. As we are writing this we are shaking,” the accompanying message says. 

The footage is not from a reporter covering the conflict in Israel and Gaza, or from one of the countless accounts sharing horrifying videos of the atrocities. 

It’s a paid message from the Israeli Foreign Affairs Ministry.

Since Hamas attacked thousands of its citizens last week, the Israeli government has started a sweeping social media campaign in key Western countries to drum up support for its military response against the group. Part of its strategy: pushing dozens of ads containing brutal and emotional imagery of the deadly militant violence in Israel across platforms such as X and YouTube, according to data reviewed by POLITICO.

Israel’s attempt to win the online information war is part of a growing trend of governments around the world moving aggressively online in order to shape their image, especially during times of crisis. PR campaigns in and around wars are nothing new. But paying for online advertising targeted at specific countries and demographics is now one of governments’ main tools to get their messages in front of more eyeballs. 

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US Senator Michael Bennet Invokes EU’s Censorship Demands, Calls For Big Tech to Censor “Misinformation”

Senator Michael Bennet has criticized tech behemoths such as Meta, X, Google, and TikTok, accusing them of having lax policies that seemingly sanction the spread of untruths.

The turbulent situation between Israel and Hamas was recently seized upon by Democratic Senator Michael Bennet as another pretext to launch an offensive against the digital landscape.

Bennet targeted X, Meta, TikTok, and Alphabet in a letter dated October 17, imploring them to “extinguish the proliferation of inaccurate and misleading content” related to the Middle East conflict.

We obtained a copy of the letter for you here.

On the surface, the Senator’s request appears aligned with social responsibility while mitigating harm. However, the true objective surfaced, revealing Bennet’s obsession with enhancing the influence of censorship-prone entities that preside over content veracity.

Bennet’s stance is in alignment with European Union officials who are exerting pressure on these tech giants to aggressively deal with misinformation, via a letter addressed to the executives.

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Dozens of Israelis arrested for social media posts defending Gaza, advocates say

At least 100 Israelis have been arrested for social media posts supporting Palestinians in Gaza and 70 remain in detention, according to a legal advocacy group in the country. Adalah, which represents Arab Israelis in human rights cases, said the arrests are part of an unprecedented crackdown on freedom of expression in Israel.

“We’re seeing things we didn’t see before,” Adi Mansour, an attorney in Adalah’s civil rights unit, said in an interview. “There’s a change in the perception of what is allowed and what is prevented.”

Police arrested Dalal Abu Amneh, a prominent Palestinian-Israeli singer, for “incitement” after her social media team posted a Palestinian flag with the caption: “There is no victor but God,” her lawyer told The New Arab.

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The EU Could Push its Private Message Ban as Early as Next Week

The EU is getting ever closer to pushing through the legislation known among critics as “chat control” – officially, Child Sexual Abuse Regulation, CSAR – and is hoping to reach a deal on this within the bloc as early as next week.

One of those who have been consistently opposed to the controversial upcoming rules, a German member of European Parliament (MEP) and lawyer Patrick Breyer, has reacted by warning once again that regardless of some minor changes if passed, the bill would effectively spell the end of proper encryption and private messaging in the EU.

Instead, the implication is, that CSAR would usher in the era of indiscriminate mass surveillance in this part of the digital space.

Warning that a recent “minor concession” the EU member-states have managed to agree on was a bid to finally come up with a majority and push the plans over the top, Breyer, referring to the proposal as “chat control 2.0,” calls it an “unprecedented” (at least for the EU) example of mass surveillance.

The summary of the regulation is that online services that provide messaging and chat would, going forward, have to implement automatic scanning of all private text and images – looking for potential abusive content, and then let the EU know about it.

There is no shortage of controversy and misgivings here, with two clearly standing out: once in place, what can this infrastructure be used for next (if politicians decide) – and the other, how are online platforms even supposed to make it work accurately and fairly, technically speaking?

Now, we are hearing that the EU Council is looking to “soften the blow,” at least rhetorically, but saying that the scanning would at first only apply to “previously classified CSAM (child sexual abuse material)” – but then later still expand it to everything.

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Canada Plots to Increase Online Regulation, Target Search and Social Media Algorithms

Canada is taking steps towards potentially intrusive regulation of artificial intelligence as it pertains to its application in search and social media services. The government’s intentions have been revealed, which includes AI application way beyond the realm of generative AI similar to OpenAI’s ChatGPT. Industry giants such as Google and Facebook, who utilize AI for search results, translation provisions, and customer taste recognition respectively, are among the contenders lined up in the regulatory intent with the pro-censorship government intent on having a say on how these algorithms work.

The information comes by way of Minister François-Philippe Champagne of Innovation, Science and Economic Development Canada (ISED) in a letter submitted to the Industry committee analyzing Bill C-27—the privacy reform and AI regulation bill. Precise amendments remain shielded from scrutiny, however, as the governmental body keeps the proposed changes under wraps.

We obtained a copy of the original bill for you here.

The existing framework in Bill C-27 leaves the identification of AI mechanisms that can be classified into the “high-impact” category to future regulatory proceedings.

Bill C-27, by treating search and social media results as “high-impact” systems, is likely to raise eyebrows as the government’s push towards regulating technology has so far been assertive of greater control over content and therefore speech.

Non-compliance, under this proposal, may invite penalties proportional to 3% of gross global revenues.

The legislation veers into controversial territory by infusing the regulation of content moderation and discoverability prioritization into the matrix, in unexpected ways. It attempts to parallel these issues to bias accusation during recruitment or when used by law enforcement, invoking substantial surprise. Consequently, Canada’s rules, although they claim to align more closely with the EU, seem to set the country apart, leaning more towards censorship and less towards free speech.

The news comes on the back of Canada’s more recent online regulations that have raised alarm.

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Defenders of the Florida and Texas Social Media Laws Contradict Themselves

Social media companies argue that their content moderation decisions are a form of editorial discretion protected by the First Amendment. Conservative critics of those companies reject that argument, even as they complain that the platforms’ decisions reflect a progressive agenda.

That contradiction is at the heart of two cases that the Supreme Court recently agreed to hear, which involve constitutional challenges to state laws that aim to correct the bias that Republicans perceive. Although supporters of those laws claim they are defending freedom of speech, that argument hinges on a dangerous conflation of state and private action.

The 2021 Florida law at issue in Moody v. NetChoice requires social media platforms to host speech by any “candidate for office,” even when it violates their content rules. The law also says platforms may not limit the visibility of material “by or about” a political candidate and may not “censor, deplatform, or shadow ban a journalistic enterprise based on the content of its publication or broadcast.”

The law does not cover relatively small, right-leaning platforms such as Gab, Parler, Rumble, and Truth Social. It applies only to the largest platforms, such as Twitter (now X), Facebook, and YouTube, which Republicans have long accused of discriminating against conservative speech.

Florida politicians made it clear that they were trying to address that perceived imbalance. The bill’s legislative findings, which complain that Facebook et al. have “unfairly censored, shadow banned, deplatformed, and applied post-prioritization algorithms,” assert that the state has a “substantial interest in protecting its residents from inconsistent and unfair actions” by those platforms.

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Biden Criticizes Online “Misinformation,” Compares The Internet To The Unregulated Printing Press

In an interview with ProPublica, released on Sunday, President Joe Biden touched upon the technological advancements and their pivotal role in shaping societal discourse and information sharing. While discussing Elon Musk’s influence over X and its policies, President Biden seemed to delve into concerns about “misinformation” and its prevalence on online platforms.

When asked by John Harwood about Elon Musk’s impact on X and its potential contribution to misinformation, President Biden responded by exploring the notion of technological evolution and what he sees as its consequences on society.

He said, “Yeah, it does. Look, one of the things that I said to you when I thought I wasn’t going to run, I was going to write a book about the changes taking place. And most of this directed over the years were these fundamental changes in society by changing technology, Gutenberg, printing and the printing press changed the way Europeans could talk to one another, all the way to today.”

Biden’s mention of the Gutenberg printing press highlights its revolutionary impact on communication among Europeans. Drawing parallels between the advent of the printing press and the current digital age, the President seemed to imply that just as the printing press had long-lasting effects on communication and information dissemination, the internet and online platforms have a similar transformative effect on contemporary society.

While the President (this time at least) stopped short of explicitly calling for censorship, his comments could be interpreted as subtly highlighting concerns around the unregulated nature of online information, potentially opening a gateway to discussions on tighter control and regulation of internet content.

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Revealed: UK Intelligence Officials Are Behind The Censorship Of Russell Brand

Allegations of sexual impropriety and abuse by comedian and podcaster Russell Brand by the British media prompted YouTube to demonetize the star’s popular channel on September 20.

The Grayzone can now reveal that YouTube’s financial censorship of Brand is the result of an effort waged by a former British government minister who was responsible for London’s crackdown on dissent during the Covid-19 pandemic. Her husband has also participated in that campaign of state repression as deputy commander of 77th Brigade, the British Army’s psychological warfare division.

YouTube justified its demonetization of Brand on the grounds that he violated its “creator responsibility policy.” This marks the first time a content creator has been financially punished by the company for reasons other than the videos published on the site. A spokesperson has claimed, “if a creator’s off-platform behaviour harms our users, employees or ecosystem, we take action.”

The allegations against Brand date from betwee 2006 and ’13, and have yet to be proven in court. There is no indication the charges are being investigated by law enforcement in Britain or the US, where the offenses allegedly occurred. Brand has vehemently denied accusations of abuse and rape.

Brand’s videos analyzing political developments and topics such as the Covid-19 pandemic, corporate media propaganda and the Ukraine proxy war have earned him an audience of millions, making him one of the world’s most influential alternative media personalities. For this, he appears to have been marked as a threat to the narratives spun out by Washington and London.

New developments suggest YouTube’s censorship of Brand was driven by direct British government decree. On September 19, the social media companies TikTok and Rumble received a pair of almost identical letters dispatched from Caroline Dinenage, the head of the UK parliament’s Culture, Media and Sport Committee. Dinenage informed the companies she was “concerned that [Brand] may be able to profit from his content” published on both platforms.

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The State against Anonymity

In the last century, states have had great control over channels of media. In most of the West, lobbying groups and cartels working with “liberal” and “democratic” governments regulated who could broadcast while governments, with their endless pools of money and political force, competed alongside private, or foreign, establishments. South Africa banned television entirely, and then after legalizing it in the ’70s, the industry was still controlled by the state.

All media in the Soviet Union was centralized and controlled by the state immediately after the October Revolution—the Bolshevik leaders understood the importance of media control. Every state in the last century has had some grip over the country’s media, propagating favorable narratives and restricting the unfavorable to maintain control over the population.

Traditional media centralization by the state was then rendered obsolete with the popularization of the Internet. As the Internet and its related technology developed, decentralization became more pronounced and widespread. When anyone can start a podcast on a plethora of websites with anyone else in the world who has the technology, or when miniature documentaries and video essays can be produced and uploaded by anyone to anywhere that accepts the format, the state-operated or state-supported media that dominated the last century becomes effectively out of date. The new competition was too dynamic, adaptive, decentralized, and evasive for the old system to outcompete, outproduce, or outright ban.

Traditional media wasn’t the only thing affected by the Internet. Chat boards, forums, and other means of direct communication undermined multiple key legitimizers of the state, specifically academics and journalists. Barring local rules and guidelines, anyone was free to question and discuss any aspect of academia, usually under the freedom afforded by anonymity.

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