liberty


New York’s threat to free speech on the Web 1

A law recently passed by the New York State Legislature poses a serious threat to online speech. FIRE is already challenging this outrageous law, which I doubt can survive a legal battle, but in the meantime, it poses a threat to anyone running a site that’s read in New York and allows user input.

The law applies to the ill-defined category of “social media networks.” That doesn’t just mean Facebook, Twitter, and LinkedIn. It could apply to anyone who runs a Mastodon instance or even runs a blog that allows comments. FIRE says:
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A writer’s guide to freedom of speech and press in America

People in the United States enjoy some of the strongest legal protections on their speech and writing in the world. Saying some things is illegal, though, and others open you to getting sued. There’s a lot of misinformation around on what is and isn’t considered free speech. Here’s a quick rundown of some common claims. US Constitution

Standard disclaimer: This isn’t legal advice. It’s my best understanding. See a lawyer when in doubt. In some cases, I’ve cited court cases you can look up and study.
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Writers threatened with $300K fines

According to an article by Natylie Baldwin on antiwar.com, the United States Treasury Department has threatened writers with fines of more than $300,000 if they write for the Strategic Culture Foundation, a Russia-based online journal.

The writers, Daniel Lazare and Michael Averko, reportedly got letters from the Treasury Department, delivered by the FBI, claiming they were in violation of sanctions against SCF and could be subject to a “civil monetary penalty of up to the greater of $311,562 or twice the value of the underlying transaction.” They say that other writers have received similar letters.
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Judges assault First Amendment

A recent ruling by the U.S. Court of Appeals for the 10th circuit should seriously worry writers. It says that the government can ignore the First Amendment when it feels like it. In the case in question, the court acknowledged that website design work is “pure speech,” which means it’s protected by the First Amendment. “Appellants are forced to create websites — and thus, speech—that they would otherwise refuse.” But then it argued that the State of Colorado has a “compelling interest” in forcing a website designer to work for the plaintiff. It ruled that, in spite of the plain First Amendment violation, the designer can be forced to create speech.
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The “Pro Act” bill threatens free expression

The more I hear about the “Pro Act” bill (it’s not an act till Biden signs it), especially from its supporters, the more convinced I am that it’s a threat not just to writers’ livelihoods but to free expression.

As I wrote in an earlier post, the bill is a wolf in sheep’s clothing. On the surface, it just grants freelancers a freedom we didn’t have before, the freedom to deal with clients through organizations. This ignores the reality of labor law, which gives unions the power to compel employers by force of law to enter into agreements. Outsiders often have the choice of joining the union, giving the union money without joining, or not working for a unionized employer.
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