Lying As Free Speech

I really have to stop reading the news. It’s bad for my mental health.

Just recently, I’ve learned that Wisconsin’s Republican legislature plans to reverse April’s election of a state Supreme Court Judge–who won by eleven points–by impeaching her. (Grounds to be concocted later…)

DeSantis appointed the co-founder of Moms for Liberty to the state’s ethics commission.

Elon Musk threatened to sue the Anti-Defamation League for reporting on the steep rise of anti-Semitic content on “X.” Musk claims that it is the ADL’s reports, not his wack-a-doodle management of the platform formerly known as Twitter, that is responsible for the steep drop in companies willing to advertise on the site.

And I see that Florida–which has been waging war against “woke” (i.e. accurate) education–is being joined by Oklahoma in authorizing the use of PragerU propaganda in public school classrooms.

The Guardian recently provided an in-depth look at PragerU.

A rightwing media outlet promoting climate-crisis denialism and other “anti-woke” staples to young students and adults via social media has become a fundraising Goliath, raking in close to $200m from 2018 to 2022 with big checks from top conservative donors, tax records reveal.

Founded in 2009 by the conservative talkshow host Dennis Prager, the eponymous Prager University Foundation is not an accredited education organization. But via online media its PragerU Kids division has become a key tool in spreading false claims to young people with short videos aimed at undercutting widely accepted science that climate crisis disasters are accelerating due, largely, to fossil-fuel usage.

PragerU’s influence in pushing false narratives about climate change and other far-right shibboleths such as airbrushing the brutal reality of American slavery gained ground when the Florida board of education in July gave the green light to using its videos and other materials in classrooms, a move that PragerU is trying to capitalize on in Texas and other states. On Tuesday, Oklahoma’s school system also approved the use of PragerU’s materials.

On its website, PragerU claims to be the “world’s leading conservative non-profit, focused on changing minds through the creative use of digital media.”

In other words, through lying. They call it “edutainment.”

The site’s funders include the Right-wing’s “usual suspects”–  oil and gas billionaire brothers Farris and Dan Wilks ($8m over the past decade), the Lynde and Harry Bradley Foundation, the National Christian Charitable Foundation and (predictably) the Dick and Betsy DeVos Foundation

PragerU cartoons and videos include one about Christopher Columbus and the discovery of America, which has Columbus explaining that slavery isn’t so bad.

“Slavery is as old as time, and has taken place in every corner of the world, even amongst the people I just left. Being taken as a slave is better than being killed,” the cartoon Columbus said. “I don’t see the problem.”

Other PragerU videos about the climate crisis make various false claims: they depict solar and wind power as environmentally dangerous, liken environmental activists to Nazis and claim recent record-breaking heat is just part of the natural weather cycle.

What truly drives me up the wall is the emerging “conservative” argument that the First Amendment protects such unconscionable lying.

In an extraordinary display of chutzpah, Representative Jim Jordan, Republican of Ohio, and fellow Republicans on the House Judiciary Committee have accused Democrats of violating the First Amendment rights of election deniers.

In a report titled “The Weaponization of CISA: How a ‘Cybersecurity’ Agency Colluded With Big Tech and ‘Disinformation’ Partners to Censor Americans,” they argue that

the First Amendment recognizes that no person or entity has a monopoly on the truth, and that the “truth” of today can quickly become the “misinformation” of tomorrow. Labeling speech “misinformation” or “disinformation” does not strip it of its First Amendment protection. As such, under the Constitution, the federal government is strictly prohibited from censoring Americans’ political speech.

These people have no shame….

These civil libertarian claims of unconstitutional suppression of speech come from the same Republican Party that is leading the charge to censor the teaching of what it calls divisive concepts about race, the same party that expelled two Democratic members of the Tennessee state legislature who loudly called for more gun control after a school shooting, the same party that threatens to impeach a liberal judge in North Carolina for speaking out about racial bias, the same party that has aided and abetted book banning in red states across the country.

The linked column focuses upon the GOP’s hypocrisy, but that hypocrisy’s effectiveness relies on Americans’ widespread ignorance about the operation of the First Amendment.

Free Speech doesn’t allow you to engage in defamation or commit fraud with impunity; it doesn’t allow  science teachers to substitute creationism for evolution.

It does, however, protect the ADL from Musk’s anti-Semitic  threats….

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Diagnosis And Prescription

In a recent opinion piece for the New York Times, David French shared his theory that the recent, astonishing number of sign-ups to Meta’s Threads occurred–at least in part– “because Elon Musk did to Twitter what Donald Trump did to America.”

Not that Twitter was so great before Musk acquired it–as French quite accurately notes,  understanding what Musk did to Twitter doesn’t require an exaggeration of Twitter’s virtues before Musk, “any more than we should exaggerate the health of our body politic before Trump.”

Even before Musk, Twitter had become a toxic force in American culture, so toxic that I wrote last year it might be beyond repair. The site lurched from outrage to outrage, and the constant drumbeat of anger and crisis was bad for the soul.
So, yes, when Musk purchased Twitter, it needed help. Instead, he made it worse. Much worse.

For all of Twitter’s many flaws, it was still by far the best social media app for following breaking news, especially if you knew which accounts to follow. It was also the best app for seeing the thoughts of journalists, politicians and scholars in real time, sometimes to our detriment. It wasn’t the American town square — there are still many places where we talk to one another — but it was one of our town squares. Twitter mattered.

French enumerates the numerous decisions that have made the platform much worse–decisions that rather clearly rested on Musk’s flawed understanding of its strengths and weaknesses.

French’s essay makes a point that is applicable not just to the marketing of a social media platform, but to policy–and for that matter, human decision-making–more generally. As he says,

The new right’s theory of culture and power is fundamentally flawed, and both Trump and Musk are now cautionary tales for any conservatives who are willing to learn.

According to French,

The new right’s theory of power is based on a model of domination and imposition, and it just doesn’t work. In the new right’s telling, the story of contemporary American culture is the story of progressive elite capture of the nation’s most important institutions — from the academy to big business to pop culture to the “deep state” — followed by its remorseless use of that institutional power to warp and distort American values.

And what’s the new right’s response to its theory of the left’s use of power? Fight fire with fire. Take over institutions. They tried to cancel us? Cancel them. They bullied us? Bully them.

The “cautionary tale” to which French alludes is actually pretty simple: in order to fix a problem, you need to diagnose it properly. Medical personnel understand that–duh!– if the disease being treated isn’t the disease from which you’re suffering, you won’t be cured. If a social dysfunction is rooted in X and policymakers insist upon addressing it by attacking Y, the likely result will just be additional dysfunction.

That axiom is simple, but of course, its application can be complicated. The actual roots of many social problems are complex. That said, a significant cause of America’s political divisions can be found in the wildly different diagnoses of the country’s problems offered by the GOP cult and by more thoughtful Americans.

The cult is convinced that America’s problems are rooted in a modernity that has discarded “tradition,” by which they mean the dominance of White Christian males. The cult’s frantic efforts to outlaw abortion and its attacks on efforts to increase diversity, inclusion and equity grow out of that diagnosis. The most recent example: House amendments to the bill funding the military– funding that passed only after the far Right attached provisions limiting abortion rights, gender transition procedures and diversity training in the armed forces.

When a diagnosis–an explanation of causation–is rooted in fantasy, the medicine prescribed is likely to make the condition worse. Gun violence won’t be ameliorated by making more guns available to “good guys;” the working poor won’t be helped by reducing taxes on presumed “job creators;” history won’t disappear if we pass laws against teaching it…

What happens when a sizable portion of the polity misdiagnoses reality–when the “medicine” imposed by people in power is exactly the wrong prescription? We’ve seen the result. As French put it, a government that needed reform “encountered a politician who broke far more than he built. A social media platform that needed repair was purchased by its most prominent troll. The results were predictable.”

We inhabit a complicated world. It isn’t always easy to locate the roots of our problems–but government by people whose diagnoses and prescriptions are  reliably simple and just as reliably wrong won’t cure what ails us.

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The Fox Effect

There’s clearly a lot that could be said about former President Trump’s lunch with one full-fledged Neo-Nazi and and one wanna-be Nazi, and most of it has been said or written. I won’t add my two cents to the reactions, except to say that I agree with the two most common ones: Trump’s anti-Semitism is disgusting but hardly a surprise to anyone who follows the news even superficially; and the most telling element of this whole sordid story was the lack of pushback–or even comment–from most Republicans.

Far and away the best comment I’ve come across, and the impetus for this post, was an observation by the Daily Show’s Trevor Noah.

Everyone agrees that Nick Fuentes should not be having dinner with former president Donald Trump. He’s much better suited to be a host on Fox News.

The Daily Show followed up with an absolutely devastating “mash up” of speeches by Nick Fuentes, the Neo-Nazi, and various Fox News personalities, including  its most reliable and prominent bigot, Tucker Carlson. You really need to click through and watch it, and then consider the effect of Fox’s poison on its (largely elderly) audience.

There is a reason President Biden has identified Fox as one of the most destructive forces in the world, and Rupert Murdock as the most dangerous man in America. 

As the linked report shows, four elements make Fox News a” uniquely damaging part of the American news landscape: its strength on the political right, the demonstrated way in which it shapes its viewers’ beliefs, its grip on Republican power and the views of its leadership.”

A national poll conducted by he Washington Post and the University of Maryland looked at where people with varying political ideologies get their news about politics and government. Researchers found that  Democrats and Democrat-leaning independents consulted a reasonably wide variety of essentially mainstream sources. At least three out of ten of that group identified CNN, CBS, NBC, MSNBC, NPR, the Times, and/or The Post as  their main sources of news.

Among most Republicans, though, only two sources were identified: local television and Fox News.

Cable-news viewership skews toward demographics that are more Republican in the first place, and CNN and MSNBC are fighting for a similar base of viewers — viewers who also partake of news from other outlets. Fox News’s strength with 43 percent of the country (the percentage that is Republican or Republican-leaning independent, according to Gallup) gives it a distinct advantage in ratings.

Most Americans don’t care about ratings, of course. So it’s important to put this in a more useful context: Fox News has a larger audience than its competitors — an audience that is largely politically homogeneous. And new research reinforces that this homogeneity is not solely a function of Republicans choosing Fox News but of the network filtering what it shows its viewers.

In other words, Fox chooses what it presents as “news”–and what it omits.

Another recent study paid  a group of regular Fox viewers to watch CNN, then compared  how those viewers understood news events with how a control group of Fox News viewers understood them. The study found “large effects on attitudes and policy preferences about COVID-19” and in “evaluations of Donald Trump and Republican candidates and elected officials.”

Participants in the experiment even grew to recognize the way in which Fox News presents reality: “group participants became more likely to agree that if Donald Trump made a mistake, Fox News would not cover it — i.e., that Fox News engages in partisan coverage filtering.”

Researchers also found that much of what Fox News did show was exaggerated or untrue.

There is a growing body of research confirming that Fox is a propaganda outlet serving the GOP, and not a real news organization–a conclusion brilliantly supported in the Daily Show mash-up.

To belabor the point: where people get their news matters–which explains the considerable concern  generated by Elon Musk’s acquisition of Twitter. In pursuit of his profound misunderstanding of the First Amendment’s Free Speech clause,  Musk has opened the Twitter floodgates–the frequency of racist tweets and hate speech has grown significantly. 

Twitter has thus joined Fox in normalizing bigotry and incivility. Those of us who were already worried that Twitter was shortening attention spans and increasing Americans’ tendency to substitute bumper-sticker memes for thoughtful debate, now see the platform exacerbating racial and religious divisions and reinforcing pernicious stereotypes. 

The social media admonition not to feed the trolls seems appropriate here. In a very real sense, both Fox News and Twitter are America’s trolls. Somehow, we need to figure out how to keep people from feeding them.

Given the undeniable lure of confirmation bias, it won’t be easy.

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Trust, Safety And Twitter

The New York Times recently published a guest essay by the former head of Trust and Safety for Twitter, who has now resigned.

 In some ways, Yoel Roth’s essay was “more of the same,” for readers who’ve been following the chaos at Twitter since Musk acquired it. But what struck me was Roth’s recitation of all manner of complicated issues that Musk had obviously never considered: as he says, “even Elon Musk’s brand of radical transformation has unavoidable limits.”

The influence of advertisers has perhaps been the most obvious limitation, since it has been highlighted in a number of news reports. You’d think it is one aspect Musk would have understood, since –according to Roth–ninety percent of Twitter’s revenue comes (came??) from advertising. When Musk’s acquisition was immediately followed by a wave of racist and antisemitic trolling, wary marketers took a pause. They’re still paused.

But  even if Mr. Musk is able to free Twitter from the influence of powerful advertisers, his path to unfettered speech is still not clear. Twitter remains bound by the laws and regulations of the countries in which it operates. Amid the spike in racial slurs on Twitter in the days after the acquisition, the European Union’s chief platform regulator posted on the site to remind Mr. Musk that in Europe, an unmoderated free-for-all won’t fly. In the United States, members of Congress and the Federal Trade Commission have raised concerns about the company’s recent actions. And outside the United States and the European Union, the situation becomes even more complex: Mr. Musk’s principle of keying Twitter’s policies on local laws could push the company to censor speech it was loath to restrict in the past, including political dissent.

You would think someone able to pay 44 billion dollars for a social media platform would have good lawyers–and would have consulted them about the legal landscape he was about to enter, but evidently not. (The first clue that he’d failed to do so was his immediate, wholesale firing of half of Twitter’s employees–a move that neglected legal niceties like required notice.)

Regulators have significant tools at their disposal to enforce their will on Twitter and on Mr. Musk. Penalties for noncompliance with Europe’s Digital Services Act could total as much as 6 percent of the company’s annual revenue. In the United States, the F.T.C. has shown an increasing willingness to exact significant fines for noncompliance with its orders (like a blockbuster $5 billion fine imposed on Facebook in 2019). In other key markets for Twitter, such as India, in-country staff members work with the looming threat of personal intimidation and arrest if their employers fail to comply with local directives. Even a Musk-led Twitter will struggle to shrug off these constraints.

As daunting as the legal landscape, however, is a constraint of which I’d been totally unaware–and something tells me it hasn’t been at the forefront of Musk’s mind, either: the app stores operated by Google and Apple. The author says that  “failure to adhere to Apple’s and Google’s guidelines would be catastrophic, risking Twitter’s expulsion from their app stores and making it more difficult for billions of potential users to get Twitter’s services.”

Apple’s guidelines emphasize creating “a safe experience for users” and stress the importance of protecting children.

The guidelines quote Justice Potter Stewart’s “I know it when I see it” quip, saying the company will ban apps that are “over the line.”

In practice, the enforcement of these rules is fraught.

In my time at Twitter, representatives of the app stores regularly raised concerns about content available on our platform. On one occasion, a member of an app review team contacted Twitter, saying with consternation that he had searched for “#boobs” in the Twitter app and was presented with … exactly what you’d expect. Another time, on the eve of a major feature release, a reviewer sent screenshots of several days-old tweets containing an English-language racial slur, asking Twitter representatives whether they should be permitted to appear on the service.

Reviewers hint that app approval could be delayed or perhaps even withheld entirely if issues are not resolved to their satisfaction — although the standards for resolution are often implied. Even as they appear to be driven largely by manual checks and anecdotes, these review procedures have the power to derail company plans and trigger all-hands-on-deck crises for weeks or months at a time.

As the author points out, Musk has criticized the capriciousness of platform policies. (I believe this is an illustration of a pot calling a kettle black).

In appointing himself “chief twit,” Mr. Musk has made clear that at the end of the day, he’ll be the one calling the shots.

And  the “chief twit” is nothing if not arbitrary and capricious..

I hope I have enough popcorn…

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Free Speech For Me But Not For Thee….


Back in the early 1990s, Nat Hentoff wrote a book titled “Free Speech For Me But Not For Thee.” I loved it. 

Hentoff’s point was a popularized version of Law 101: liberty is indivisible.  If the government gets to decide who has a right, it isn’t a right at all–it’s a privilege that can be withdrawn. We all have freedom of speech–even despicable people voicing horrible opinions–or no one really does. (Someone should mention this to Ron DeSantis...)

Hentoff pointed out that those on the political Right–rabid as they are– aren’t the only would-be censors. He pointed to the anti-porn feminists who were active at the time, gays who supported blacklisting Anita Bryant, and various other enforcers of political correctness. When it came to college campuses, he endorsed a comment made by Clark Kerr when he was president of the University of California; Kerr said “The purpose of a university is to make students safe for ideas–not ideas safe for students.”

What triggered my recollection of Hentoff’s rigorous and intellectually-honest approach to free speech was the recent (mis)behavior of Elon Musk. Musk, a strikingly un-self-aware narcissist who likes to style himself a free speech purist, has demonstrated an understanding of free speech principles roughly on par with his understanding of how to manage a social network–that is to say, very little.

As the Daily Beast–among many others— reported, 

Self-described free speech maven Elon Musk discovered a new limit to his principles this week, after a Twitter employee publicly rebutted the billionaire’s explanation for slow app performance in many countries.

“He’s fired,” Musk declared on Monday morning.

According to The New York Times, 

Mr. Musk’s team was asked to comb through messages in Twitter’s internal chat platform and make a list of employees who were insubordinate, people briefed on the plan said. They also sorted through employees’ tweets, looking for criticism. Those deemed rule breakers received emails around 1:30 a.m. Pacific time on Tuesday, notifying them that they were fired, according to emails viewed by The Times…

Elon Musk says he wants free speech, but his track record suggests otherwise
Musk’s free speech advocacy seems to apply mostly to his own speech or that of his fans and promoters.

The firings of critics who made the mistake of exercising what they believed to be their freedom of speech followed significant cuts to Twitter’s contract work force–cuts that followed the wholesale firings upon completion of Musks 44 Billion dollar acquisition of Twitter, and preceded the recent mass resignations.  Many of the contractors who were terminated over the weekend worked on content moderation and data science and were let go without notice.

Pass the popcorn…

The obvious hypocrisy of a thin-skinned, self-styled free speech protector’s devotion to the First Amendment evaporating when someone dares to criticize him prompts a lot of schadenfreude as yet another narcissistic buffoon discovers that he doesn’t know half as much as he thinks he does.

Clearly, some men believe that being rich means they are smarter than everyone else about everything. (America watched for four years while Donald Trump–who has a lot in common with Elon Musk–demonstrated daily that he didn’t know diddly-squat about government and how it worked. ) Now we are watching Musk create chaos with his new toy–for which he vastly overpaid–as he learns the hard way that management of a social media platform involves skills beyond those needed to compose and send a tweet–not to mention compliance with legal regulations of which he was obviously unaware.

I don’t know how Musk came up with an offer of 44 Billion dollars for a platform that had rarely been profitable, but under his management, its finances have already gotten appreciably worse. Thanks to his boneheaded “blue check charge,” imposters have had a field day, and important advertisers have “paused” their spending. (That includes local giant Eli Lilly, after phony Lilly tweets promising free insulin were left up for hours.) Others who aren’t currently advertising on the platform include Macy’s and General Motors. Omnicom Media Group, composed of agencies representing companies like PepsiCo and McDonald’s, urged its clients to halt activity on Twitter. Omicron warns that risks have “risen sharply to a level most would find unacceptable.”

Meanwhile, Musk’s increasingly frantic efforts to avoid bankruptcy and the effective destruction of Twitter are all playing out in public–and it is the public humiliation he is trying to avoid (or at least moderate) by firing employees who dare to criticize or disagree with him.

Too bad Nat Hentoff died in 2017. He’d have had some pretty pithy observations about Elon Musk’s version of free speech. He’d probably even share my popcorn.  

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