Tag Archives: freedom of expression

Opinion: For those in favor of saving the Republic, here are some ideas

In my Social Engineering class we have been studying Russian and other foreign cyber attacks on the USA, Germany, France, Great Britain, Ukraine, and elsewhere. One of our recent assignments was to read the following reports:

The IRA, Social Media and Political Polarization in the United States, 2012-2018

The Tactics & Tropes of the Internet Research Agency

Report of the Select Committee on Intelligence United States Senate on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election: Volume 2: Russia’s Use of Social Media, with Additional Views

After reading these reports, we were to consider the tactics in “On War” by Carl von Clausewitz and then answer the following question:

“So, what should the United States do about it? Think about the political, economic, and military weapons of war (Clausewitz) and share your thoughts about how to combat the Russian SE attacks.”

“I considered Clausewitz’s lessons of war (summarized by Pietersen) to see how they could help me create a strategy that makes sense.

Just the first step, Identify, I see as a huge challenge. I’m under the impression that most people who are angry about attempted Russian interference in recent elections are angry because their preferred candidate didn’t win, not because our Constitution and the Republic are under attack and hanging by a thread. A lot of people accept the premise that unethical and illegal acts are permissible if it helps your side. They may not be informed about the seriousness of the threat, or are informed and are rooting for the Constitution and the Republic to fall. This would be a good way for intelligence to precede operations. Do enough people even want the Republic saved to make it worth the effort to fight for it? The goal will have to be changed if there aren’t enough people on board. I’m going to write the rest of this assuming that there is enough support.

The decisive point: “Save the Constitution” would be my mission statement, at least internally. I’m not sure how to frame the campaign to get the support of enough of the public for success. It used to be considered self-evident in our culture that life, liberty and the pursuit of happiness were good things, but there are a lot of people who have been conditioned and trained to deny those rights to others that they think are beneath them and sometimes even to themselves – they don’t think they deserve it.

Concentrate: This includes physical resources as well as hearts and minds. I understand that the reports we read were based on a subset of all the existing information. The tech companies didn’t give everything they had to the Senate, and we don’t know if the Senate gave all of what they had to the analysts who wrote the reports. Nevertheless, the reports do contain enough information to have some idea of what might help on the technology side.

I would like consumers to have more choices of viable communications platforms so that they freely choose the ones they feel protect their rights and reflect their values the best. That probably means breaking up monopolies and holding corporations accountable for tortious business practices or unfair competition practices such as collusion or violations of the immunity clause in Section 230 of the Communications Decency Act. As others have pointed out in our discussion, communications companies sometimes have an incentive to allow content that harms their users but helps them financially. They’d be able to get away with this less if there were more choices.

I advocate re-instating the media based consumer protections that have been removed from our body of law such as the Fairness Doctrine, the personal attack rule and the political editorial rule, and I’d like to see them extended to online publishing and social media companies as well as broadcast and print. As I’ve stated before, I think it’s a human rights abuse to restrict information from people in order to control them. Can a “Right to Information” be added to our Constitution? I don’t know but that’s how important I think it is.

I would like to see all media companies compelled to run media literacy education content as a consumer protection measure.

I advocate media literacy training as a vital life skill in all levels of education.

Devote as least as many resources to the promotion of the Constitution and Democratic self-rule as the enemies do to undermining it.

US Consumers should have the choice to purchase physical products, software, and have access to technology platforms that are manufactured in the US and accountable to US consumers.

Resources that are vital to the security of the United States, such as medical supplies and media companies, should not be owned or controlled by foreigners.

Hold all levels of government to high standards of transparency and accountability to their constituents.

Remove: I would not want to see a repeat of excesses from the past such as McCarthy-style witch hunts or loyalty tests. I believe the most rational ideas will prevail if people are allowed to hear them and exercise their constitutional rights to assembly, free speech, freedom of the press and others. I also think internment camps for re-education or any other purpose should be off the table.

Ignore: I believe it’s important not to over-react to all the distractions that will be tried.”

I don’t consider my above suggestions as complete or comprehensive, but I think they’d be a good start. I welcome comments on this blog, pro and con, I think this is a discussion we need to have, openly and rationally, because, after all, this is war.

Works Cited

DiResta, Renee, Kris Shaffer, Becky Ruppel, David Sullivan, Robert Matney, Ryan Fox, Jonathan Albright, Ben Johnson. “The Tactics & Tropes of the Internet Research Agency”, New Knowledge, 2019, digitalcommons.unl.edu/senatedocs/2/. Accessed 11 April 2021.

Howard, Phillip N., Bharath Ganesh, Dimitria Liotsiou, John Kelly, Camille François. “The IRA, Social Media and Political Polarization in the United States, 2012-2018”, Computational Propaganda Research Project, University of Oxford, 2019, digitalcommons.unl.edu/senatedocs/1/. Accessed 11 April 2021.

Pietersen, Willie. “Von Clausewitz on War: Six Lessons for the Modern Strategist.” Columbia University, www8.gsb.columbia.edu/articles/ideas-work/von-clausewitz-war-six-lessons-modern-strategist. Accessed 12 April 2021.

Select Committee on Intelligence, United States Senate. “Report of the Select Committee on Intelligence United States Senate on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election: Volume 2: Russia’s Use of Social Media, with Additional Views”, 2019, digitalcommons.unl.edu/senatedocs/4/. Accessed 11 April 2021.

Freedom of Expression in The Age Of Powerful Technology Corporations

The following paper was turned in last night for my Media Organization Regulations class at Webster University. It is not graded yet. Enjoy!

Carolyn Hasenfratz Winkelmann
Geri L. Dreiling, J.D.
MEDC 5350: Media Organization Regulations
1 November 2020

Freedom of Expression in The Age Of Powerful Technology Corporations

Freedom of expression is the right to disagree, to assemble in protest of laws and to publish and disseminate opinions, ideas and beliefs (Baran and Davis, 64-65).  Freedom of expression is considered central to democratic self-government and is therefore described, though not in those exact words (“Bill of Rights…”), in the Bill of Rights (Baran and Davis, 64-65).  In 1927, the Supreme Court found against the plaintiff in the case Whitney v. California, a ruling that was overturned in 1969 (Belpedio).  This case was heard to decide whether or not the arrest and conviction of a Communist political activist in 1919 was in violation of the 14th Amendment of the U.S. Constitution (Legal Information Institute).  Part of the written opinion of Justice Louis Brandeis caused some to question why he voted against the plaintiff in Whitney v. California since his defense of freedom of expression was eloquent and widely influential (Belpedio).  Justice Brandeis’ words have been interpreted as a “virtual declaration of absolute free speech” (Belpedio).

A present-day issue that Justice Brandeis illuminated in his prescient comments from 1927 is the regulation of speech by corporations that are popularly known as “Big Tech” (“Does Section 230’s…”). On October 28, 2020, the United States Senate Committee on Commerce, Science, and Transportation held a hearing on current internet law and whether or not it is sufficient in the present day to ensure the free exchange of ideas in the online environment controlled by Google, Twitter and Facebook (“Does Section 230’s…”).

A study by the Pew Research Center found that as of 2018, social media had surpassed print newspapers as a source of news, accounting for 20% of the news audience (Shearer).  The study also reports that 33% of adults in the U.S. consume news content from online web sites (Shearer).  Since Google is the largest provider of internet search results, with a nearly 88% market share in the United States (StatCounter), having influence over potentially nearly 43% of all news content puts these three big tech companies in powerful positions.  In a 2016 TED talk, referring to the platforms Twitter, Facebook and YouTube, internet freedom activist Rebecca MacKinnon stated “… we do know that journalism, activism and public debate are being silenced in the effort to stamp out extremist speech.  So with these companies having so much power over the public discourse, they need to be held accountable” (MacKinnon). YouTube is owned by Google LLC (YouTube).

Concerns about the freedom of expression in search results and within social media platforms in the face of this power have been growing in recent history.  On its web page “Digital Bill of Rights”, the stance of Adbusters, a nonprofit network of artists and activists declare that “It is high time that digital citizens, in the face of rampant techno-tyranny, openly mount a resistance to take back our mental space by force” (Adbusters “Digital Bill of Rights”).  73% of U.S. adults now suspect that social media companies intentionally block political content that they don’t want users to see (Vogels et al).

The Big Tech companies that the Senate investigated on October 28, 2020 are not legally required to allow their users rights as described in the First Amendment, which restrains government action only (Rosen).  The law that the recent Senate hearing choose to focus on is Section 230 of Communications Decency Act (DCA) of 1996 (“Does Section 230’s…”).  Section 230 does not address whether or not the platforms can legally restrict political opinions – it addresses immunity from lawsuits on other matters such as libel, because the platforms claim they do not influence content (Trager 210).  It appears that it could be argued Section 230 immunity should not be applied to Facebook, Google and Twitter because they do “interact directly with content” in an attempt to cultivate attitudes to make the culture of the United States more like Europe (Rosen, Trager 210).  In Europe, safety and propriety are valued more than freedom (Rosen) while the culture of the United States accepts more risks.  In the words of Justice Brandeis, “Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary.  They valued liberty both as an end and as a means.  They believed liberty to be the secret of happiness and courage to be the secret of liberty” (Baran and Davis 65).

Users who are attracted by the promise of free speech have been turning to alternative platforms that are perceived to be less restrictive than the three tech companies that the Senate Hearing examined.  Parler appeals to unhappy Twitter users by claiming to offer an environment with more freedom and corporate accountability (Parler).  Articles suggesting alternatives to Google and Facebook describe platforms that users concerned about data mining and privacy issues can try out (Broida, Taylor).

The movie industry’s voluntary Hays Code, which was in effect from 1934-1965 was intended to reduce public outrage and stave off possible future government regulation of motion picture content (Hays Code).  The power of the medium of television and its effect on violence in children led to the threat of possible increased government regulation and in turn self-regulation by the industry in the late 1960s and early 1970s (Baran and Davis 166-167).  The Big Tech companies might choose in the future to follow the lead of the movie and television industries that proceeded them and do more self-policing in order to better align their European-inspired standards to the expectations of the American public.

Works Cited

Adbusters. “Digital Bill of Rights”. 1989-2020, www.adbusters.org/articles-coded/digital-bill-of-rights, Accessed 1 November 2020.

—. “Mind Journey #11”. 1989-2020, featured.adbusters.org/mindjourney/011/, Accessed 1 November 2020.

—. “‘The Social Dilemma’ director hopes to spark a movement” 1989-2020, www.adbusters.org/the-pulse/the-social-dilemma-director-hopes-to-spark-a-movement, Accessed 1 November 2020.

Baran, Stanley J. and Dennis K. Davis. Mass Communication Theory: Foundations, Ferment, and Future. Seventh Edition. CENGAGE Learning, 2015.

Belpedio, James. “Whitney v. California (1927)”. The First Amendment Encyclopedia, 2009, mtsu.edu/first-amendment/article/263/whitney-v-california, Accessed 1 November 2020.

“Bill of Rights of the United States of America (1791).” Bill of Rights Institute, 2020, billofrightsinstitute.org/founding-documents/bill-of-rights/. Accessed 26 October 2020.

Broida, Rick. “Social-media alternatives to Facebook.” CNET, 2018, www.cnet.com/how-to/social-media-alternatives-to-facebook/. Accessed 1 November 2020.

“Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?”. U.S. Senate Committee on Commerce, Science & Transportation, 2020, www.commerce.senate.gov/2020/10/does-section-230-s-sweeping-immunity-enable-big-tech-bad-behavior, Accessed 1 November 2020.

Greenwald, Glenn. “Article on Joe and Hunter Biden Censored By The Intercept”. Glenn Greenwald, 2020, greenwald.substack.com/p/article-on-joe-and-hunter-biden-censored, Accessed 1 November 2020.

“Hays code.” Siteseen Limited, 2017-2018, www.american-historama.org/1929-1945-depression-ww2-era/hays-code.htm. Accessed 14 September 2019.

Legal Information Institute. “WHITNEY v. PEOPLE OF STATE OF CALIFORNIA”. Cornell Law School, 2020, www.law.cornell.edu/supremecourt/text/274/357, Accessed 1 November 2020.

MacKinnon, Rebecca. “We can fight terror without sacrificing our rights.” TED Conferences, LLC., June 2016, www.ted.com/talks/rebecca_mackinnon_we_can_fight_terror_without_sacrificing_our_rights/transcript. Accessed 1 November 2020.

“Parler”. Parler, Inc., 2020, www.parler.com/auth/access. Accessed 1 November 2020.

Rosen, Jeffrey. “The Deciders: The Future of Free Speech in a Digital World”. Harvard Kennedy School Shorestien Center on Media, Politics and Public Policy. 2016, shorensteincenter.org/jeffrey-rosen-future-of-free-speech-in-a-digital-world/, Accessed 1 November 2020.

Shearer, Elisa. “Social media outpaces print newspapers in the U.S. as a news source”. Pew Research Center, 2018, www.pewresearch.org/fact-tank/2018/12/10/social-media-outpaces-print-newspapers-in-the-u-s-as-a-news-source/, Accessed 1 November 2020.

StatCounter. “Search Engine Market Share in United States Of America Sept 2019 – Sept 2020”. October 2020, gs.statcounter.com/search-engine-market-share/all/united-states-of-america, Accessed 1 November 2020.

Taylor, Sven. “Alternatives to Google Products”. Restore Privacy, LLC, 2019, restoreprivacy.com/google-alternatives/. Accessed 1 November 2020.

Trager, Robert Susan Dente Ross and Amy Reynolds. The law of journalism and mass communication. Sixth Edition. SAGE Publications, Inc. 2018.

Vogels, Emily A., Andrew Perrin and Monica Anderson. “Most Americans Think Social Media Sites Censor Political Viewpoints”. Pew Research Center, 2020, www.pewresearch.org/internet/2020/08/19/most-americans-think-social-media-sites-censor-political-viewpoints/, Accessed 1 November 2020.

YouTube, 2020, www.youtube.com/. Accessed 1 November 2020.

 

If you want to delve deeper into this and related topics, I have links to a lot more resources on a Pinterest Board: Media Analysis: Communications and the Law