Tag: Freedom of Assembly

Free Speech Is About To Get Tested

The Daily Escape:

Lupine bloom, Beeks Bight, Folsom Lake, CA – May 2022 photo by Kaptured in Kamera

We’re back from France where we had fantastic weather, wonderful food and wine, and a break from the loud drumbeat of dystopian American news. One issue that Wrongo followed from afar was the continuing assault on free speech by America’s Right Wing.

From Dan Pfeiffer:

“It seems like every week, Republicans propose, pass, or enact another outrageous, authoritarian, retrograde policy. Book bans, abortion bans, efforts to turn back the clock on marriage equality and contraception. Each is a fleeting political firestorm and then it’s on to the next….amidst this parade of retrograde lawmaking, there is a pattern…”

Despite claiming to be for small government, the Republicans want to dictate the terms of speech in America.

Consider Florida where Republican Gov. Ron DeSantis had passed legislation taking away the rights of Facebook, Twitter, and others to ban people from their platforms:

“The US Court of Appeals for the 11th Circuit on Monday ruled it is unconstitutional for Florida to bar social media companies from banning politicians, in a major victory for tech companies….the court rejected many of the legal arguments that conservative states have been using to justify laws governing the content moderation policies of major tech companies after years of accusations that the tech companies are biased against their political viewpoints.”

The 11th Circuit court found that tech companies’ moderation decisions are protected by the First Amendment, which prohibits the government from regulating free speech. Interestingly, this comes after a different decision on the same issue by the Texas 5th Circuit Court of Appeals, that allowed a Texas law banning companies from discriminating against people based on their politics to remain in effect.

We now have completely opposite decisions by the 11th Circuit and the 5th Circuit courts on the issue of whether corporations must follow the Constitution’s First Amendment. This will invariably lead to the Supreme Court weighing in on whether private social media companies’ content moderation decisions are protected by the First Amendment. From the WaPo:

“Some lawmakers pushing for laws governing online content moderation and Supreme Court Justice Clarence Thomas have argued that tech companies should be regulated as “common carriers,” businesses like phone companies that are subject to government regulation because of the essential services they provide.”

But Florida’s court rejected those arguments, arguing states can’t force such restrictions on private company social media platforms. While the phone companies cannot stop callers or calls that may be objectionable, or even illegal, social media companies have different rights. From the Court’s ruling:

“Neither law nor logic recognizes government authority to strip an entity of its First Amendment rights merely by labeling it a common carrier…”

The “Terms of Service” (TOS) agreements between social media platform companies and their users are a contract. When someone agrees to the TOS, they are saying that they will abide by it. Violating the TOS, whether by Trump, Musk, or some random ideologue, is a violation of contract law.

When the TOS is violated and the violator is suspended or barred from the platform, it doesn’t demonstrate bias, or a restriction in free speech. It demonstrates equal treatment. The TOS isn’t there only to restrain Conservatives, despite their protests of discrimination.

Florida passes a “don’t say gay” bill to police free speech by public educators in schools. They then pass the law to prevent private companies from policing speech on their platforms. This irony is lost on those who claim they’re against federal or state overreach unless it’s their Party that’s doing the overreaching.

The First Amendment says the government cannot punish you for speech (with some exceptions). The same Amendment also protects free association—meaning that it’s perfectly legal for private organizations to exercise their freedom of association even while excluding some speech.

Networks like Facebook and Twitter exert a lot of power over the flow of information. They are a primary method of news and expression for millions. That means they must be broadly inclusive and promote healthy discourse. Their business model includes wanting to attract as many users as possible. From Nicholas Grossmann: (emphasis by Wrongo)

“The big social networks—Facebook, LinkedIn, YouTube, Twitter—aim to be the online mainstream, appealing to a wide variety of users and the businesses that sell to them. That requires stopping behavior that isn’t illegal, but makes the platform inhospitable, such as hate speech.”

The large private social networks have a responsibility not to let the doctrine of free speech make them give a right of way to bad actors. There is zero reason to cede the concept of free speech to the trolls who are trying to drive people they hate off private social media platforms.

Now we wait to see what Alito, Thomas and the other Conservative Supremes have to say about the limits of Free Speech.

You shouldn’t be optimistic about the outcome.

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Somewhere, Bull Connor is Smiling

You don’t remember Bull Connor? He was Commissioner of Public Safety (chief cop) in Birmingham, Alabama when, in 1963 he used fire hoses and attack dogs against civil rights activists. The films of the confrontation and Connor’s disproportionate response, became an iconic image of the Civil Rights Movement of the 1960s. He became an international symbol of Southern racism.

Now, science has come up with a better, more efficient crowd control product. From the Daily Dot:

Imagine being soaked, head to toe, in a frothy mix of pureed compost, gangrenous human flesh, and road kill, and you might get some idea of what it’s like to be sprayed with Skunk, according to those who’ve had the misfortune of being doused.

A few police departments in the US, including the St Louis Metropolitan Police, have reportedly purchased the spray, a non-lethal riot-control weapon originally developed by the Israeli firm Odortec, and used first in the occupied West Bank in 2008 against demonstrators. The sticky fluid, which Palestinians say smells like a “mixture of excrement, noxious gas and a decomposing donkey,” is usually fired from armored vehicles using high-pressure water cannons.

Decomposing donkey? Where and when do you learn what THAT smells like?

It was used in Hebron on February 26, 2012 to disperse a crowd of an estimated 1,000 people which clashed with Israeli soldiers during a protest described as commemorating the anniversary of the Cave of the Patriarchs Massacre.

Mistral Security, based in Bethesda MD, offers Skunk products to US police and the military. According to the company’s website, they sell it using a number of delivery systems, including 60 ounce canisters with a range of 40 feet; a “skid sprayer” equipped with a 50 gallon tank and a 5 HP motor that can shoot over 60 feet at up to 7 gallons per minute; and a 40mm grenade that can be fired by a 12-gauge shotgun.

The company reports that Skunk is made from 100% food-grade ingredients and is 100% eco-friendly – harmless to both nature and people. From their website:

Applications include, but are not limited to, border crossings, correctional facilities, demonstrations and sit-ins. Decontamination soap is available to mitigate the odor.

So what we have here is another way that our police spend money to create citizen compliance. Police have an ethical problem: How do they control (or disperse) a crowd that gets unruly without causing injury?

In the past year, we have seen several examples of “comply or die” in cities around the US. Now, we see that the technology is evolving from Bull Connor’s days of attack dogs and fire hoses, to tear gas, rubber bullets and bean bags, and now, Skunk. Policing seems to be headed in a strange direction. You better do what you’re told, and not participate in any, you know, civil disobedience, like sit-ins, protests, demonstrations and such, or we will Skunk you, (or worse).

A fundamental Constitutional issue has emerged in police response to civil disobedience in the past few years. City property has been “privatized”, with the municipal corporation as the owner. Public space is not owned, it is supposed to be available to the public with only limited conditions. But, we now see a growing number of examples where police, mayors and municipalities are limiting access for the press, for demonstrators as well as for ordinary citizens to public spaces.

When our laws are manipulated in order to suppress a free press, or personal speech, it shows contempt for the entire idea of a free people or a government of laws. When our police continually purchase new weapons to insure compliance with police orders, peaceful protest is at risk.

Consider this: At Donald Trump’s Dallas rally on Monday night, Politico reports that as the mostly white attendees filed out, they clashed with 200 or so protesters, mostly black and Hispanic.

Dozens of police officers, including several on horseback, pushed protesters off arena property. After being pushed to the other side of the street, one protest leader encouraged the rest to arm their families and teach them to protect themselves:

You’re only going to get Martin Luther King so long before you get Malcolm X.

Our police should be careful what they wish for.

See you on Sunday.

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