Weaponizing Speech

A couple of weeks ago, I came across a provocative article by Tim Wu, a media historian who teaches at Columbia University, titled “Did Twitter Kill the First Amendment?” He began with the question:

You need not be a media historian to notice that we live in a golden age of press harassment, domestic propaganda and coercive efforts to control political debate. The Trump White House repeatedly seeks to discredit the press, threatens to strip broadcasters of their licenses and calls for the firing of journalists and football players for speaking their minds. A foreign government tries to hack our elections, and journalists and public speakers are regularly attacked by vicious, online troll armies whose aim is to silence opponents.

In this age of “new” censorship and blunt manipulation of political speech, where is the First Amendment?

Where, indeed? As Wu notes, the First Amendment was written for a different set of problems in a very different world, and much of the jurisprudence it has spawned deals with issues far removed from the ones that bedevil us today.

As my students are all too often surprised to learn, the Bill of Rights protects us against government misbehavior–in the case of our right to free speech, the First Amendment prohibits government censorship. For the most part, in this age of Facebook and Twitter and other social media, the censors come from the private sector–or in some cases, from governments other than our own, through various internet platforms.

The Russian government was among the first to recognize that speech itself could be used as a tool of suppression and control. The agents of its “web brigade,” often called the “troll army,” disseminate pro-government news, generate false stories and coordinate swarm attacks on critics of the government. The Chinese government has perfected “reverse censorship,” whereby disfavored speech is drowned out by “floods” of distraction or pro-government sentiment. As the journalist Peter Pomerantsev writes, these techniques employ information “in weaponized terms, as a tool to confuse, blackmail, demoralize, subvert and paralyze.”

It’s really difficult for most Americans to get our heads around this new form of warfare. We understand many of the negative effects of our fragmented and polarized media environment, the ability to live in an information bubble, to “choose our news”–and we recognize the role social media plays in constructing and reinforcing that bubble. It’s harder to visualize how Russia’s infiltration of Facebook and Twitter might have influenced our election.

Wu wants law enforcement to do more to protect journalists from cyber-bullying and threats of violence. And he wants Congress to step in to regulate social media (lots of luck with that in this anti-regulatory age.) For example, he says much too little is being done to protect American politics from foreign attack.

The Russian efforts to use Facebook, YouTube and other social media to influence American politics should compel Congress to act. Social media has as much impact as broadcasting on elections, yet unlike broadcasting it is unregulated and has proved easy to manipulate. At a minimum, new rules should bar social media companies from accepting money for political advertising by foreign governments or their agents. And more aggressive anti-bot laws are needed to fight impersonation of humans for propaganda purposes.

When Trump’s White House uses Twitter to encourage people to punish Trump’s critics — Wu cites the President’s demand that the N.F.L., on pain of tax penalties, censor players — “it is wielding state power to punish disfavored speech. There is precedent for such abuses to be challenged in court.”

It is hard to argue with Wu’s conclusion that

no defensible free-speech tradition accepts harassment and threats as speech, treats foreign propaganda campaigns as legitimate debate or thinks that social-media bots ought to enjoy constitutional protection. A robust and unfiltered debate is one thing; corruption of debate itself is another.

The challenge will be to craft legislation that addresses these unprecedented issues effectively–without inadvertently limiting the protections of the First Amendment.

We have some time to think about this, because the current occupants of both the White House and the Congress are highly unlikely to act. In the meantime, Twitter is the weapon and tweets are the “incoming.”

Comments

Philosophy? Or Fear?

What does fear have to do with political philosophy?

According to a fascinating article in Business Insider, a lot.

Academicians who study such things tell us that, in the wake of 9/11, many people who were politically liberal became less so–scientists documented a “very strong conservative shift” in the US after the attacks, with more liberals supporting George W. Bush and favoring increased military spending.

The hypothesis social scientists developed about this effect is perhaps best summed up in a 2003 review of research on the subject: “People embrace political conservatism (at least in part) because it serves to reduce fear, anxiety, and uncertainty; to avoid change, disruption, and ambiguity; and to explain, order, and justify inequality among groups and individuals,” it said.

Researchers have also found that people who self-identify as conservative have larger and more active right amygdalae. This is an area of the brain that has been associated with the expression and processing of fear. A 2011 study looked at MRI scans of conservative young adults and found they had more grey matter in their right amygdalae than their liberal counterparts. Interestingly, when researchers conducted experiments that were structured to make these conservatives feel safer, those conservatives who responded to the constructed environment, who did feel safer, became more liberal.

These results have been linked to evolution’s “fundamental drive for personal safety.” Other political consequences of our evolutionary past have been subjected to experimentation as well. For example, it seems that

washing hands with soap and water can make people less hostile to individuals who are different than they are. Bargh says that’s because to some extent, our modern prejudices are shaped by the way we’ve evolved to avoid unknown, foreign threats like disease.

These studies are interesting, and they have obvious relevance to the partisanship of our current era. That said, they raise thorny questions that have been the subject of philosophical dispute for eons: how much of human behavior is the result of conscious thought? Logical argumentation? Is there such a thing as free will, or are we human animals acting out a lifespan pre-programmed in our genes and modified–if at all–by our very gradual evolution?

Is my opposition to the GOP tax bill really grounded in my analysis of its provisions and my conclusion that it is morally and economically indefensible? Or did I just inherit less gray matter in my amygdala?

Is the revulsion I feel when I see Donald Trump on television a reaction to my conscious recognition that he is totally unfit for the Presidency, is pursuing ruinous policies, and poses a genuine threat to world peace? Or does he simply remind my genes of some primordial cockroach?

It’s a conundrum…

Comments

If It’s Mental Illness…

I always hesitate before blogging about guns, knowing that posting any opinion other than “yes, you have a constitutional right to pack heat whenever or wherever you want, and it doesn’t matter how many times you’ve beaten your wife” will generate howls of opprobrium and hysterical accusations that I want to disarm everyone.

But still.

The Orange Menace in the Oval Office is on record–well, on twitter–saying that America doesn’t have a gun problem, that what we do have is a mental health problem.

There are, of course, multiple available rebuttals to that statement. We might point out that other countries with similar percentages of mentally-ill citizens but fewer guns have dramatically fewer incidents of gun violence. We might point out that allowing civilians to own lethal assault weapons developed for warfare is evidence of a different sort of mental illness. We might point out that the Second Amendment doesn’t require a failure to differentiate between a hunting rifle and an AK-15.

Even if we ignore those arguments, we’re left with a question that our Tweeter-in-Chief conveniently ignored: if mass shootings are attributable to failures of our efforts to keep firearms out of the hands of the mentally ill, why did he eliminate Obama’s restrictions on gun ownership for people with mental illness? (We do know the answer to that: Trump’s obsessive hatred of Obama and his fixation on erasing any and all measures attributable to his predecessor.)

As NBC reported in February,

President Donald Trump quietly signed a bill into law Tuesday rolling back an Obama-era regulation that made it harder for people with mental illnesses to purchase a gun.

The rule, which was finalized in December, added people receiving Social Security checks for mental illnesses and people deemed unfit to handle their own financial affairs to the national background check database.

Had the rule fully taken effect, the Obama administration predicted it would have added about 75,000 names to that database.

President Barack Obama recommended the now-nullified regulation in a 2013 memo following the mass shooting at Sandy Hook Elementary School, which left 20 first graders and six others dead. The measure sought to block some people with severe mental health problems from buying guns.

The GOP-led House and Senate obediently passed the bill nullifying the Obama-era measure, and officials of the NRA “applauded” the action.

Of course they did.

Sen. Chris Murphy, D-Conn., a leading gun control advocate in Congress, called out Republicans over the move.

“Republicans always say we don’t need new gun laws, we just need to enforce the laws already on the books. But the bill signed into law today undermines enforcement of existing laws that Congress passed to make sure the background check system had complete information,” he said in an emailed statement.

So, welcome to the U.S. of A… On this Thanksgiving Day, feel free to express your gratitude for a country where any raving lunatic can legally buy a gun, and the twittering lunatic in the White House can launch nuclear weapons.

American exceptionalism, baby!

Comments

Meanwhile, At The FCC….

Unlike many–most?–of Trump’s appointees, FCC Chairman Ajit Pai appears to know what he’s doing and how to do it. And that’s a big problem.

He’s already rolled back what The Street calls a “pillar of U.S. media ownership restrictions.

“Owners of local television stations will be permitted to buy a local radio station or newspaper in the same market after the Federal Communications Commissions on Thursday, Nov. 16, voted to lift the ban on cross-ownership that had stood since 1975. The agency, which has been fast eliminating restrictions long opposed by TV station companies, also eliminated a ban on two TV stations in the same market from entering into joint sales agreements to sell advertising.

The restrictions being lifted were intended to prevent any one political perspective from dominating a given media market. Here in Indianapolis, where right wing Sinclair is proposing purchase that will allow it to dominate the radio market, this new permissiveness is likely to facilitate a market blanketed with Fox-like, right wing propaganda.

FCC Chairman Ajit Pai, a Republican who orchestrated the changes, said the bans and other restrictions were no longer relevant given the advent of online news sources and the shrinking circulations of most local newspapers. The two Democrats on the five-person commission, echoing other critics, countered that Pai understated the importance and impact that local media sources continue to have despite the rise of Facebook Inc. and other social media platforms.

The damage this change will inflict pales, however, in comparison to Pai’s most cherished goal–the elimination of net neutrality rules.

As Time Magazine and a number of other news outlets have reported,

Federal Communications Commission Chairman Ajit Pai on Tuesday followed through on his pledge to repeal 2015 regulations designed to ensure that internet service providers treat all online content and apps equally, setting up a showdown with consumer groups and internet companies who fear the move will stifle competition and innovation.

The current rules, known as net neutrality, impose utility-style regulation on ISPs such as Comcast, AT&T and Verizon to prevent them from favoring their own digital services over those of their rivals.

Pai says he wants the FCC to stop “micromanaging” the Internet. What he calls micromanaging is what we used to call “regulating,” and although it is certainly possible to point to examples of excessive regulation, there was–and is–a reason for establishing “rules of the road.” The reasons for net neutrality rules are especially compelling.

As the Internet Association, a group composed of major internet companies such as Google and Amazon, put it,

“Consumers have little choice in their ISP, and service providers should not be allowed to use this gatekeeper position at the point of connection to discriminate against websites and apps.”

The group is fighting the change. So are many other organizations concerned with consumer rights.

Consumers Union predicted a repeal of net neutrality would allow ISPs to raise their prices and give preferential treatment to certain sites and apps.

“Strong net neutrality rules are vital to consumers’ everyday lives and essential to preserving the internet as we know it today — an open marketplace where websites large and small compete on equal terms and where information and ideas move freely,” said Jonathan Schwantes, the advocacy group’s senior policy counsel.

Two of the FCC’s five voting commissioners signaled they will oppose Pai’s plan.

Commissioner Jessica Rosenworcel derided Pai’s plan as “ridiculous and offensive to the millions of Americans who use the internet every day.”

Commissioner Mignon L. Clyburn skewered Pai’s proposals as “a giveaway to the nation’s largest communications companies, at the expense of consumers and innovation.”

Before being named to the FCC, Pai was an executive at Verizon. I’m sure that’s an irrelevant factoid.(cough, cough).

The last time net neutrality was attacked, John Oliver delivered such an effective argument against the change that the switchboards at the FCC were overwhelmed; his diatribe was said to have prompted some 150,000 calls. Scheduling the vote for the week after Thanksgiving is a rather transparent effort to avoid that sort of public outrage, an effort to change the rule while people are otherwise occupied.

Let’s not allow that strategy to work. I encourage everyone to click through, watch Oliver’s explanation of what’s at stake–and then call the FCC.

Comments

A (Sort Of) Defense Of Jerks

The public reaction to allegations against Harvey Weinstein, Louis C.K. and so many others is welcome and long overdue. The public revulsion to the disclosures, the almost daily revelations about other prominent figures, and especially the #metoo movement that encouraged women to add their own experiences of harassment to the public discourse have caused a lot of men to review their past behaviors, and to consider whether and when they may have gone over the line.

That said, if this particular moment in time is going to usher in a lasting, positive change to both private behaviors and public reactions to those behaviors, it is important that we recognize that a line exists and agree about where it should be drawn. As Ruth Marcus cautioned, in a column for the Washington Post, having under-reacted for so long, we need to take care not to over-react now.

It isn’t really over-reaction that is the danger; we clearly need to act–firmly and punitively–when we are faced with evidence of sexual harassment or worse. The danger lies in neglecting to make important distinctions. We are really dealing with three categories of (mostly male) conduct: people who are engaging in criminal behaviors, people who are abusing positions of power, and still others who are simply behaving like jerks.

Some of the allegations against Roy Moore fall in the first category.  His reported encounter with the 14-year-old is textbook molestation. His other behaviors probably rose to the level of stalking. Those actions aren’t simply wrong, they’re illegal. Similarly, the unwelcome touching Donald Trump bragged about on that notorious tape are sexual assault, not “locker room talk.” (Unfortunately, when you’re a “star”–excuse me while I puke–“letting you” do it means they don’t bring charges.)

Sexual harassment occurs when a person in a position of power or authority abuses that power in order to get some sort of sexual satisfaction. The satisfaction may “just” be bullying– creating what lawyers call a hostile workplace, and taking some sort of sick enjoyment from making a subordinate uncomfortable. (I recall a case where several male employees constantly posted raunchy posters and told foul jokes in order to torment the lone embarrassed female employee.) More often, harassment is a demand for a sexual quid pro quo–if you want that raise, that promotion, that film role, here’s what you need to do…The key to sexual harassment is disparity of power. If the person acting inappropriately is in a position to help or harm the object of his advances, the line is definitely crossed.

That leaves us with “jerk” behavior. This is the category where changing cultural norms really do play a part. When I was the sole female partner in a small law firm in the early 1980s,  two of my male partners occasionally engaged in “joking around” that would undoubtedly be considered offensive today. But we were peers, we exercised equal authority, and I’m confident that had I been offended, they would have apologized and stopped. The culture at the time encouraged verbal banter that would be frowned upon today. (Emphasis on verbal.)

Today, in most places, the culture has changed. As women have participated in the workforce and civic life in greater numbers, we’ve stopped making excuses for jerk behaviors–verbal or physical– that “gross out” or diminish the women who experience them. This post is certainly not intended to defend jerks who engage in boorish, sexist conduct.

What I am defending is the importance of distinguishing between categories of transgression.

There are reasons to be careful before equating jerk behavior with rape, or with Harvey Weinstein masturbating in front of unwilling women. There is a significant difference between Roy Moore asking a 14-year-old to touch his erect penis, or our reality “star” President grabbing a woman’s private parts, and an unwanted pat on the butt from someone  you can call out loudly and publicly without fear of repercussion.

I repeat: none of these behaviors are acceptable. A “good old boy” culture that permits or encourages any of these kinds of conduct needs to be changed–and it is, finally, being changed. But if we fail to distinguish between the boorish and the unforgivable, if we fail to calibrate the sanctions to the gravity of the offense, we risk trivializing the meaning of inexcusable.

Comments