Censorship


Censoring networks by intimidation 1

Hardly a day goes by that Donald Trump doesn’t commit an impeachable offense. Among them is his attempt to intimidate broadcast networks into making their coverage of him more favorable and his opponents less favorable. He has filed a nonsense lawsuit against CBS, claiming that editing a Kamala Harris interview in a way he didn’t like constituted election interference. All the analysis I’ve read says the suit doesn’t stand a chance on its merits, but the government has the power to approve or block a merger CBS is seeking, and the implied threat to disallow it has CBS ready to fold. The FCC, under Trump appointee Brendan Carr, is also applying pressure. NPR says “CBS’ parent company appears to be inching toward capitulation, as its controlling owner wants to drag CBS out of the headlines and wrap up a corporate sale.”
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The speech police

Several states have set up hotlines where people can report legal, constitutionally protected speech to the government. There is no indication — so far — that people are being prosecuted for exercising their First Amendment rights, but a call from the cops saying you’ve been named in a “hate incident” is intimidating enough.

In Oregon, someone contacted a hotline run by the Oregon Department of Justice and reported a neighbor for having an Israeli flag on his door. The hotline operator treated the bigot’s complaint as a report of a valid “bias incident” and the bigot as a “victim.” The operator said the caller could get rewarded with money from the state’s Crime Victim Compensation Program, even though there was no crime.
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What does the TikTok ban mean?

Biden signed a bill banning access to an Internet service. The Supreme Court has upheld the ban, ruling in effect that claiming “national security” overrides the First Amendment. What happens next isn’t clear, but the sloppy news reports I’ve seen indicate that it could be worse than I thought. The law doesn’t do much directly to ByteDance, which is a foreign company. It’s really a ban on what businesses in the USA can do.

CNN’s report is typically sloppy and alarming in what it suggests.
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The “Paradox of Tolerance” swindle 1

“Paradox of Tolerance” is a favorite slogan of censorship advocates. Most often they drop the words in a discussion without elaboration to give the impression they’ve said something profound. Some will mention its connection to Karl Popper. Few will cite his words, since they’re actually opposed to censorship.

The words in question are from a footnote in The Open Society and Its Enemies. The footnote is a bit unclear; Popper was adding a passing thought, not a polished commentary. Here are the words:
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The coming TikTok security disaster

As I’m writing this, the US is set to ban applications that access TikTok’s Internet service on January 19. What no one is talking about is the security nightmare that will result.

The ban won’t forbid access to TikTok; it will just forbid the preferred way to access it. App stores in the US won’t be allowed to offer the client application. Lots of other sources will still offer it. Some will be legitimate. Others will put up Trojan Horse applications. Scammers will target users trying to keep access to their accounts. A lot of devices will be infiltrated with malware.
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Trump reverses the meaning of censorship

In Newspeak, freedom is slavery. In Trumpspeak, freedom of speech is censorship.

Brendan Carr, whom Trump wants to head the FCC, has declared his intent to “smash the censorship cartel” using the agency’s power. According to the Washington Times, “He is threatening the platforms with revocation of their federally granted immunity against content-based lawsuits.” He’s presumably referring to Section 230 of the Communications Decency Act, one of the few parts to survive legal challenges. It says that in general operators of websites that allow public posting of commentary can’t be held liable for what third parties post. Without it, website operators would have to keep a quick finger on the “Delete” button to keep potentially defamatory comments from showing up. They’d need to err on the side of caution. Many sites would probably find it easiest to eliminate the comments section.
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The march of Internet censorship

Legislation all over the USA is attacking freedom to communicate over the Internet. Some states have enacted age-verification requirements that endanger anonymous speech and limit minors’ access to information they may urgently need. Others are enacting bans on “deceptive” information, leaving open the questions of just what will be deemed deceptive and how people can defend themselves against such claims. An example of the latter is California’s AB 2655, recently signed into law. FIRE and the First Amendment Coalition have issued statements against it, while left-wing media sites have often been sympathetic. I posted earlier about how AP gave Harris’s call for “oversight” and “regulation” of websites as merely wanting “increased accountability.”
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Bobo the clown

Harvard University has long been a center of controversy. Often it’s an embarrassment to the university. But the Dean of Social Science there, somebody called Lawrence D. Bobo, has come up with a brilliant solution: Make the faculty shut up. Bobo’s babble just has to be read to be believed:

Is it outside the bounds of acceptable professional conduct for a faculty member to excoriate University leadership, faculty, staff, or students with the intent to arouse external intervention into University business? And does the broad publication of such views cross a line into sanctionable violations of professional conduct?

Yes it is and yes it does.

A faculty member’s right to free speech does not amount to a blank check to engage in behaviors that plainly incite external actors — be it the media, alumni, donors, federal agencies, or the government — to intervene in Harvard’s affairs.

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Surgeon General wants compulsory warnings on the Web 1

Threats to freedom on the Internet keep popping up. The latest outrage is a proposal by Surgeon General Vivek Murthy to compel social media websites to deliver a warning of “potential mental health harms.” He doesn’t claim that social media have been scientifically shown to damage mental health; rather he says “social media has not been proved safe.”

What would it take to “prove” them safe? When the burden of proof is shifted to the negative, people can make unlimited claims of possible harm, and the defenders must somehow show these arbitrary assertions are false. Murthy has even cited lack of evidence as a cause for panic.

He has asserted that the situation is an “emergency.” In other words, he wants Congress to rush the decree through without debate.

Compulsory speech is, except in limited cases, a violation of the First Amendment. Freedom of speech has to include the freedom not to speak. Americans may not be compelled to pledge allegiance to the flag or to recite a prayer. Forcing website owners to say “We haven’t proven our site won’t harm your mental health” is an outrage.
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