Censorship

Bad news for free speech in Bow, NH   Recently updated !

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This has been a bad year for freedom of expression in the United States. ICE thugs have hauled people away without charges for expressing views that the government doesn’t like. In New Hampshire, a federal judge has delivered an outrageous decision regarding a protest in Bow, New Hampshire.

The ruling by Judge Steven McAuliffe is full of absurdities and disregard for the First Amendment. The basic argument is that school athletic events are a limited public forum, and the schools retain some control over types of expression at them. This is true, but it doesn’t mean they can arbitrarily decide what people can say or can’t. The restrictions have to serve a legitimate purpose and be viewpoint-neutral, and they have to be enforced evenly.
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ICE: America’s Gestapo

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“Geheime Staatspolizei” means “secret state police,” usually shortened to “Gestapo.” It was the Nazis’ enforcement bureau, the ones who snatched people without charges and sent them away to prisons or execution. In the United States, it’s shortened to “ICE.” Its masked thugs have snatched people off the street, not presenting any criminal charges, and shipped them to offshore hellholes. So far I haven’t heard of its intentionally killing anyone, though people have died in its custody.
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Censoring networks by intimidation 1

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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

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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?

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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

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“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

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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

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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

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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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