“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.””
“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?
“One need not agree with those students’ slogans, their tactics, or their goals to recognize that provocative political speech is protected by the First Amendment. Republican political figures who have spent years railing against censorship and cancel culture would do well to remember that.”
“Hong Kong is using its national security law to arrest and prosecute critics residing in the United States. The Hong Kong police recently announced cash bounties of HK$1 million ($128,000) for information leading to the arrest of five young activists. The targets—Frances Hui, Joey
“The Department of Justice claimed this was about “keeping women and children across America safe” from sex trafficking. But behind that bravado, the government’s actual case was clearly something less noble. A performance of protection. A publicity stunt. A massive scapegoating set against the backdrop of a moral panic. And a politicized prosecution against people who engaged in and defended the most dangerous thing to any government: free speech.
Ultimately, the Backpage prosecution was a small-scale tragedy that upended individual lives as well as something much bigger. Its effects were wide-reaching and devastating for many sex workers. And yet—it wasn’t ultimately about sexual commerce or sexual crimes, not at its core. This was a warning shot fired at entities that enable all sorts of digital communication and a test bed for further legal attacks on tech companies that won’t suppress speech as politicians see fit.
That Lacey was convicted of “international concealment money laundering” is bizarre, since the money transfer was not concealed: His lawyer informed the IRS about it, as required by law. And it was not made for nefarious purposes, according to Scottsdale lawyer John Becker’s trial testimony. Lacey had needed some place to park his savings after U.S. banks, scared by a years-long propaganda crusade against Backpage, had decided doing business with the company or its associates was a reputational risk. So Becker and another lawyer advised Lacey to deposit the money—$17 million, on which taxes had been paid—with a foreign bank.
It’s hard to see how Lacey conducted a financial transaction “to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity,” even if you accept the government’s premise that this money was derived from unlawful activity. And, to be clear, I don’t accept that premise, since Backpage’s business should have been protected by the First Amendment (not to mention Section 230 of federal communications law).
But Backpage made money from adult ads, and the government alleges that some of those ads were illegal enticements to prostitution. Therefore, the case alleged, anything done with money made from Backpage was de facto illegal. That’s how Lacey—and former Backpage executives Jed Brunst and Scott Spear—wound up facing money laundering charges for merely moving money around.”
“So far, most of the firings appear to have been for expressing pro-Palestinian views — the U.S.-based advocacy organization Palestine Legal reports that they’ve responded to over 260 cases of people’s “livelihoods or careers” being targeted. But the fact that these firings have been due in large part to social media posts and the widespread broadcasting of personal political beliefs means that the trend may not stay on one issue or one side of a dispute for long; Lakier says that we are watching the relationship between free expression and employment shift in real time.
Currently, regulations concerning speech and private employment oscillate wildly from state to state — about half of states have no protections for private employees who express political beliefs, while others have laws that vary in terms of scope. Many of the employment laws that do exist find their roots in the 19th century and are little use in navigating the 21st century workplace. Meanwhile, ideas about protected speech are constantly shifting in the culture: After 9/11, for example, the war on terror brought with it new examinations into what kind of speech promulgates terrorism. More recently, debates over “cancel culture” on campuses and in the workplace have brought up similar questions of what speech is permissible — and when consequences are justified.
“The First Amendment has always had exceptions, but those exceptions can expand under pressure,” Lakier told me. Since the Israel-Hamas war began, “people are interpreting the category of hate speech or the incitement of violent speech very, very broadly to include speech that in my view is totally legitimate, often pro-peace speech.””
“Florida Gov. Ron DeSantis, a candidate for the 2024 GOP presidential nomination, has ordered pro-Palestinian student groups at Florida universities to shut themselves down. While the stated rationale is that these activists are providing “material support” for terrorism, the governor’s order is a direct violation of free speech principles, as well as the First Amendment.
State University System of Florida Chancellor Raymon Rodrigues announced the order on Tuesday, citing the on-campus activism of National Students for Justice in Palestine (SJP), a student group that is active at both the University of Florida and the University of Southern Florida.”
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“Conservatives who claim to oppose censorship on college campuses—and call it out whenever right-leaning students and faculty are the victims and leftwing activists are the aggressors—are engaged in obvious hypocrisy if they do not criticize DeSantis for this. The answer to bad speech is more speech; it is not state action.”
” “President Trump was wrong,” Pence said during remarks at the annual white-tie Gridiron Dinner attended by politicians and journalists. “I had no right to overturn the election. And his reckless words endangered my family and everyone at the Capitol that day, and I know history will hold Donald Trump accountable.””