“there are scenarios in which intentionally lying about a fire in a crowded theater and causing a stampede might lead to a disorderly conduct citation or similar charge.”
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“Although the Supreme Court has never had the occasion to adjudicate an actual dispute involving a person yelling “fire” in a crowded theater, the Court did at least narrow its “clear and present danger test” in 1969, setting a higher standard for imminent incitement of lawless action.””
“You can’t yell fire in a crowded theater. I’m sure you’ve heard somebody say that before when discussing free speech and limitations on free speech and the First Amendment. Well, it’s actually one of the most widely misunderstood quotes in American law. It’s routinely parroted as the status of why there can be or are limitations on free speech, but it is a big fat myth. I will explain here in just a moment, so stick around.”
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“the interesting about it is the Schenck case wasn’t about fires, it wasn’t about theaters, it kind of wasn’t even about free speech. It was in a way, but it was really about a guy that was being charged with violations of the Espionage Act because he was a member of the socialist party and he was speaking out against the draft. And the other bizarre thing about why this quote gets attributed to why it’s okay to limit free speech is, the Schenck case, which has now actually been overturned and has been for like 60 years, actually stood for the exact opposite. The Schenck case was applying a pretty large degree of censorship on free speech. That’s why it was overturned is because it was actually found to be completely contrary toward what the First Amendment stood for.
So, the idea that you can’t yell fire in a crowded theater, Justice Holmes was using that as an analogy to simply say that free speech can’t go completely unchecked. And that idea has maintained it’s truth throughout the years. That’s still true. There are limitations on what is considered protected speech and what is not considered protected speech, and that’s a topic for a different video. But it’s just always been interesting to me that this quote, which is just dicta, it’s not the holding of the case, it’s not really the law of the land, and it’s not Justice Holmes saying that’s what the law of the land should be, has somehow withstood the test of time and is still, to this day”
“The Biden administration did pressure Meta, as well as its competitors, to crack down on Covid-19 misinformation throughout the pandemic. In 2021, Surgeon General Vivek Murthy called it “an urgent threat,” and Biden himself said that misinformation was “killing people,” a statement he later walked back. This pressure was also at the center of a recent Supreme Court case, in which justices ruled in favor of the Biden administration.
We also knew that Meta, then known simply as Facebook, pushed back at efforts to stop the spread of misinformation on its platforms. Not long after Biden’s “killing people” remark, leaked company documents revealed that Facebook knew that vaccine misinformation on its platforms was undermining its own goal of protecting the vaccine rollout and was causing harm. It even studied the broader problem and produced several internal reports on the spread of misinformation, but despite pressure from Congress, Facebook failed to share that research with lawmakers at the time.
We actually learned about the specific kind of pressure the White House put on Facebook a year ago, thanks to documents the company turned over to, you guessed it, Jim Jordan and the House Judiciary Committee.
The Biden administration issued a statement after Zuckerberg’s latest letter became public. It said, in part, “Our position has been clear and consistent: We believe tech companies and other private actors should take into account the effects their actions have on the American people, while making independent choices about the information they present.”
But the Zuckerberg letter didn’t stop with details of the well-known crackdown on Covid misinformation. It also reminds the public of the time, ahead of the 2020 election, the FBI warned social media companies that a New York Post article about Hunter Biden’s laptop could be part of a Russian disinformation campaign. Without mentioning any direct pressure from the government, Zuckerberg says in the letter that his company demoted the laptop story while it conducted a fact-check. He told podcaster Joe Rogan something similar in a 2022 interview, when he mentioned that an FBI disinformation warning contributed to the decision to suppress the story. Twitter also suppressed the laptop story, and its executives denied that there was pressure from Democrats or law enforcement to do so.
Zuckerberg also addresses some donations he made to voting access efforts in the 2020 election through his family’s philanthropic foundation. “My goal is to be neutral and not play a role one way or another — or to even appear to be playing a role,” the billionaire said. “So I don’t plan on making a similar contribution this cycle.” The House Judiciary Committee responded in a tweet, “Mark Zuckerberg also tells the Judiciary Committee that he won’t spend money this election cycle. That’s right, no more Zuck-bucks.” Neither party mentioned that Zuckerberg also declined to make a contribution in the 2022 cycle for the same reasons.
The right is taking a victory lap over this Zuckerberg letter. Others are simply wondering why on earth, on an otherwise quiet week in August, did Zuckerberg even bother to remind us of all of these familiar facts?
“As part of “Operación Tun Tun” (Operation Knock Knock), the regime is showcasing its crusade against dissent on social media and national television. Videos typically begin with footage of a protester, followed by music from A Nightmare on Elm Street and scenes of heavily armed officers detaining the individual. Reports indicate that detainees have been subjected to torture, cruel treatment, and drugs to extract false confessions.”
“The Supreme Court handed down a stern rebuke to some of the most right-wing judges in the country.., holding that no, judges do not get to micromanage how the Biden administration speaks to social media companies.
The vote in Murthy v. Missouri was 6-3, with Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett joining the Court’s three Democratic appointees in the majority. Justice Samuel Alito dissented, joined by Justices Clarence Thomas and Neil Gorsuch.
As Barrett’s majority opinion lays out, this lawsuit never should have been filed in the first place, and no federal court should have entertained it. Her opinion holds that the Murthy plaintiffs, who raised vague allegations that the government tried to censor them, could not even show that the government did anything to harm them in the first place.
Murthy involves a wide range of communications among the White House, various federal agencies, and major social media platforms like Facebook and X (the website formerly known as Twitter). Some of these communications urged platforms to remove content, such as speech seeking to recruit terrorists, to spread election disinformation, or to promote false and potentially harmful medical advice — including false claims about Covid-19 and vaccines.
The plaintiffs in Murthy are two red states plus an array of individuals who had content removed or suppressed by at least one of the social media platforms. They claimed that platforms censored them because of pressure from the government, and that this pressure violates the First Amendment.
That is a highly dubious claim. While the First Amendment forbids the government from coercing media outlets into removing content, nothing prevents the government from asking a platform to do so. Indeed, at oral arguments in Murthy, both Justices Elena Kagan and Kavanaugh recounted times when, during their service as White House officials, they pressured journalists to remove or correct editorials or other content that contained factual errors.
Nevertheless, the far-right US Court of Appeals for the Fifth Circuit did not simply embrace this claim, it issued a vague and sweeping injunction forbidding the Biden administration from having “consistent and consequential” communications with social media companies — whatever that means. As a practical matter, this difficult-to-parse injunction made it virtually impossible for the administration to have any communications whatsoever with the platforms.
But the Supreme Court held that the Fifth Circuit was wrong to even consider these plaintiffs’ dubious First Amendment arguments, ruling that federal courts lack jurisdiction over this case.”
“So, on the same day that the Supreme Court appears to have established that a sitting president can commit the most horrible crimes imaginable against someone who dares to speak out against him, the same Court — with three justices joining both decisions — holds that the First Amendment still imposes some limits on the government’s ability to control what content appears online.
Chief Justice John Roberts and Justice Brett Kavanaugh joined both decisions in full. Justice Amy Coney Barrett joined the Netchoice opinion in full, plus nearly all of the Trump decision.”
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“That’s such a sweeping restriction on content moderation that it would forbid companies like YouTube or Twitter from removing content that is abusive, that promotes violence, or that seeks to overthrow the United States government. Indeed, Kagan’s opinion includes a bullet-pointed list of eight subject matters that the Texas law would not permit the platforms to moderate, including posts that “support Nazi ideology” or that “encourage teenage suicide and self-injury.”
In any event, Kagan makes clear that this sort of government takeover of social media moderation is not allowed, and she repeatedly rebukes the far-right US Court of Appeals for the Fifth Circuit, which upheld the Texas law.
As Kagan writes, the First Amendment does not permit the government to force platforms “to carry and promote user speech that they would rather discard or downplay.” She also cites several previous Supreme Court decisions that support this proposition, including its “seminal” decision in Miami Herald Publishing Co. v. Tornillo (1974), which held that a newspaper has the right to final control over “the choice of material to go into” it.
Nothing in Kagan’s opinion breaks new legal ground — it is very well-established that the government cannot seize editorial control over the media, for reasons that should be obvious to anyone who cares the least bit about freedom of speech and of the press. But the Court’s reaffirmation of this ordinary and once uncontested legal principle is still jarring on the same day that the Court handed down a blueprint for a Trump dictatorship in its presidential immunity case.
It’s also worth noting that Kagan’s decision is technically a victory for Texas and Florida, although on such narrow grounds that this victory is unlikely to matter.”
“One challenge of free speech advocacy is holding the line even when the speech in question is vile. Then you must make distinctions between acceptable forms of expression and those that violate the rights of others. That’s why it’s important to have clear, firm principles applied equally to all points of view. In the absence of clarity, you find yourself making things up as you go along—like too many institutions of higher learning at a moment of campus unrest.”
“On April 1, Israeli lawmakers passed a law that would allow the government to shut down foreign news networks deemed a threat to national security. The Times of Israel reported that the law was specifically intended to target Al Jazeera, the Qatar-based news network that has often been accused of anti-Israel or pro-Hamas bias.
“The terrorist channel Al Jazeera will no longer broadcast from Israel,” Netanyahu pledged in an April 1 post on X (formerly Twitter). “I intend to act immediately in accordance with the new law to stop the channel’s activity.” Netanyahu charged that the network had “harmed Israel’s security, actively participated in the October 7 massacre, and incited against [Israel Defense Forces] soldiers.”
The move was broadly denounced. “Such slanderous accusations will not deter us from continuing our bold and professional coverage,” Al Jazeera said in a statement.”
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“On May 5, Israel forcibly closed Al Jazeera’s satellite office in Tel Aviv, seized its broadcast equipment, and blocked access to its websites and broadcasts from within the country, after the government unanimously approved a proposal to do so.
Then on Tuesday, Israel did the same to the A.P.
The country’s communications ministry had ordered the A.P. to cease its live broadcast of footage from Gaza last week, which the outlet refused to do. As a result, officials seized broadcast equipment, saying in a statement that “the communications ministry will continue to take whatever enforcement action is required to limit broadcasts that harm the security of the state.”
“The AP complies with Israel’s military censorship rules, which prohibit broadcasts of details like troops movements that could endanger soldiers,” the outlet noted. “Al Jazeera is one of thousands of AP customers, and it receives live video from AP and other news organizations.””
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“Hours after the seizure, the A.P.’s story was updated to say that “Israel’s communications minister ordered the government to return a camera and broadcasting equipment it had seized from The Associated Press, reversing course hours after blocking the news organization’s live video of Gaza.” It noted that this came after “the Biden administration, journalism organizations and an Israeli opposition leader condemned the government of Prime Minister Benjamin Netanyahu and pressured it to reverse the decision.””