Tag: First Amendment

Facebook and the Future of Free Speech

Britain First is a far-right ultranationalist group” hostile to Muslim immigrants in the United Kingdom. They are active online with significant consequences for their leaders if not for British elections. The leaders of Britain First, Paul Golding and Jayda Fransen, were incarcerated recently for distributing leaflets and posting online videos that reflected their extreme antipathy to Muslims. Fransen received a 36 week sentence, Golding 18 weeks. Britain First was banned from Twitter in late 2017. Now Facebook has taken down both the official Facebook page of the group and those of its two leaders.

Like many European nations, Great Britain has much more narrow protections for freedom of speech than the United States. The United States does not recognize a “hate speech” exception to the First Amendment. Great Britain criminalizes and sanctions such speech. This case is much more interesting, however, than this familiar distinction. The Britain First takedown offers a glimpse of the future of speech everywhere.

The leaders of Facebook did not just wake up on the wrong side of the bed and decide to take down Britain First’s page. Its official statement about the ban says from the start: “we are very careful not to remove posts or Pages just because some people don’t like them.” In this case, the page violated Facebook’s Community Standards against speech “designed to stir up hatred against groups in our society.” The statement does not say which posts led to the ban but The Guardian reports they “included one comparing Muslim immigrants to animals, another labelling the group’s leaders ‘Islamophobic and proud,’ and videos created to incite hateful comments against Muslims.” I understand also that Facebook gave due notice to the group of their infractions. That seems plausible. Almost three months have passed since Twitter banned Britain First. Perhaps Facebook eventually concluded Britain First had no intention of complying with their rules.

You might think Facebook has violated the freedom of speech. But that’s not the case. The First Amendment states that Congress (and by extension, government at all levels) “…shall make no law abridging the freedom of speech.” If the United States government had banned an America First! website, the First Amendment would be relevant. But Facebook is not the government even though they must govern a platform for free speech. But that platform is owned by Facebook. They can govern it as they wish. Most likely they will govern it to maximize shareholder value.

These Kids Today: The Long History of Complaining About Violent Entertainment

On Thursday, President Trump held a meeting to discuss how and whether violent video games affect gun violence, particularly school shootings. Before getting into the details of this claim, perhaps we should take a step back and read a classic fairy tale from 1812, printed in the Brothers Grimm’s Nursery and Household Tales and titled “How the Children Played Butcher with Each Other”:

A man once slaughtered a pig while his children were looking on. When they started playing in the afternoon, one child said to the other: “You be the little pig, and I’ll be the butcher,” whereupon he took an open blade and thrust it into his brother’s neck. Their mother, who was upstairs in a room bathing the youngest child in the tub, heard the cries of her other child, quickly ran downstairs, and when she saw what had happened, drew the knife out of the child’s neck and, in a rage, thrust it into the heart of the child who had been the butcher. She then rushed back to the house to see what her other child was doing in the tub, but in the meantime it had drowned in the bath. The woman was so horrified that she fell into a state of utter despair, refused to be consoled by the servants, and hanged herself. When her husband returned home from the fields and saw this, he was so distraught that he died shortly thereinafter.  

The end.

Violent entertainment is nothing new, nor is the older generation complaining about it. In usual Trump fashion, he claimed to be “hearing more and more people say the level of violence on video games is really shaping young people’s thoughts.” But it’s not true. People all over the world play video games, especially young boys, and there’s no resulting correlation to acts of violence. Actually, some studies have shown that violent video games might reduce crime by keeping young men off the street and glued to their TVs. 

In 2011, the Supreme Court decided the case of Brown v. Entertainment Merchants Association, holding that California’s 2005 law banning the the sale of “violent” video games to minors violated the First Amendment. Cato filed a brief in that case that documented the history of complaints about uniquely violent entertainment and the effectiveness of industry self-regulation–such as the MPAA movie ratings, the ESRB ratings for video games, and the Comics Code–over ham-handed government oversight. The Court cited Cato’s brief in its opinion.

Due to Brown, any federal law regulating violent video games is likely to be struck down by the courts. That doesn’t mean, however, that Trump and other government agents can’t make things uncomfortable for the industry. Most likely, we’ll just hear a bunch of complaining about “these kids today” from older generations. Everything old is new again, particularly when new forms of entertainment come around that are foreign to older generations.

New York Attorney General Schneiderman Goes After Citizens United’s Donors

New York Attorney General Eric Schneiderman demands out-of-state charities disclose all donors for his inspection. He does not demand this of all charities, only those he decides warrant his special scrutiny. Schneiderman garnered national attention for his campaign to use the powers of his office to harass companies and organizations who do not endorse his preferred policies regarding climate change. Now, it seems he seeks to do the same to right-of-center organizations that might displease him. Our colleague Walter Olson has cataloged Schneiderman’s many misbehaviors.

He’s currently set his sights on Citizens United, a Virginia non-profit that produces conservative documentaries. While Citizens United has solicited donations in New York for decades without any problem, Schneiderman now demands that they name names, telling him who has chosen to support the group. Citizens United challenged this demand in court, arguing that to disclose this information would risk subjecting their supporters to harassment and intimidation.

These fears are not mere hyperbole. If the name Citizens United rings a bell, it’s because the organization, and the Supreme Court case of the same name, has become the Emmanuel Goldstein of the American left, complete with Democratic senators leading a ritualistic two minutes hate on the Senate floor. In 2010, the Supreme Court upheld its right to distribute Hillary: The Movie, and ever since “Citizens United” has been a synecdoche for what Democrats consider to be the corporate control of America. Is it unwarranted to think that their donors might be subjected to the sort of targeted harassment suffered by lawful gun owners, or that Schneiderman might “accidentally” release the full donor list to the public, as Obama’s IRS did with the confidential filings of gay marriage opponents?

The Supreme Court has long recognized the dangers inherent in applying the power of the state against the right of private association. The cornerstone here is 1958’s NAACP v Alabama. For reasons that hardly need be pointed out, the NAACP did not trust the state of Alabama, in the 1950s, to be good stewards of its membership lists. “Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs,” wrote Justice John Marshall Harlan II, who went as far as to compare such demands to a “requirement that adherents of particular religious faiths or political parties wear identifying arm-bands.” More recently, Justice Alito pointed out in a similar context that while there are undoubted purposes served by reasonable, limited disclosure requirements, the First Amendment requires that “speakers must be able to obtain an as-applied exemption without clearing a high evidentiary hurdle” regarding the potential harms of disclosure.

But the Second Circuit Court of Appeals has decided it knows better than the Supremes. On Thursday, it ruled that Citizen United’s challenge should be thrown out without even an opportunity to prove their case. In the process, it effectively turned NAACP into a “Jim Crow” exception to a general rule of unlimited government prerogative to panoptic intrusion into citizen’s political associations. While there can be no doubt that the struggle for civil rights presented a unique danger for its supporters, this should not mean that only such perils warrant First Amendment protection.

20% of College Students Say College Faculty Has Balanced Mix of Political Views

The Cato 2017 Free Speech and Tolerance Survey finds only 20% of current college and graduate students believe their college or university faculty has a balanced mix of political views. A plurality (39%) say most college and university professors are liberal, 27% believe most are politically moderate, and 12% believe most are conservative.

College Democrats Less Likely Than Republicans to Think Faculty Is Liberal

Democratic and Republican students see their college campuses very differently. A majority (59%) of Republican college students believe that most faculty members are liberal. In contrast, only 35% of Democratic college students agree most professors are liberal. Democratic students are also about twice as likely as Republican students to think their professors are moderate (32% vs. 16%) or conservative (14% vs. 9%).

Full survey results and report found here.

College Students Agree Student Body is Liberal

Current students believe that most of their campus’ student body is liberal. Fifty-percent (50%) believe that most students at their college or university are liberal, 21% believe most are moderate, 8% believe most are conservative, and 19% believe there is a balanced mix of political views.

Democratic and Republican students largely agree on the ideological composition of their campus student body.

Consequences of Campus Political Climate

These perceptions of ideological homogeneity on college campuses may explain why 72% of Republican college students say the political climate prevents them from saying things they believe because others might find them offensive. About a quarter (26%) of Republican college students feel they can share their political views.

51% of Strong Liberals Say It’s Morally Acceptable to Punch Nazis

Is violence an appropriate response to hate speech? The Cato 2017 Free Speech and Tolernace Survey finds most Americans say no. More than two-thirds (68%) of Americans say it is not morally acceptable to punch a Nazi in the face. About a third (32%), however, say it is morally acceptable.[1] 

Strong liberals stand out with a slim majority (51%) who say it’s moral to punch Nazis. Only 21% of strong conservatives agree.

Full survey results and report found here.

Strong liberals’ approval of Nazi-punching is not representative of Democrats as a whole. A majority (56%) of Democrats believe it is not morally acceptable to punch a Nazi. Thus, tolerance of violence as a response to offensive speech and ideas is found primarily on the far Left.

The survey found liberals were more likely to consider upsetting and controversial ideas “hateful” rather than simply “offensive.” This may help partially explain why staunch liberals are more comfortable than the average American with using violence against Nazis.

Is Supporting Racists’ Free Speech Rights the Same as Being a Racist?

Student protesters at the College of William and Mary recently shut down a campus speaker from the ACLU invited (ironically) to speak about “Students and the First Amendment.” Students explained their shut down was in retaliation for the ACLU’s defense of white nationalists’ free speech rights in Charlottesville, Virginia where a white nationalist rally recently took place. What motivated the students?

The Black Lives Matter of William and Mary student group wrote on their Facebook page, where they live-streamed their shut down of the event: “We want to reaffirm our position of zero tolerance for white supremacy no matter what form it decides to masquerade in.” From these students’ perspective, the ACLU supporting someone’s right to say racist things was as bad as being a racist organization.

The Cato 2017 Free Speech and Tolerance Survey helps shed light on these students’ reasoning. First, nearly half (49%) of current college and graduate students believe that “supporting someone’s right to say racist things is as bad as holding racist views yourself.” This share rises to nearly two-thirds among African Americans (65%) and Latinos (61%) who agree. Far fewer white Americans (34%) share this view.

63% of Republicans Say Journalists Are an “Enemy of the American People”

Early in his presidential tenure, Donald Trump tweeted that the national news media is “fake news” and that it is an enemy of the American people. Nearly two-thirds (64%) of Americans do not agree with President Trump that journalists today are an “enemy of the American people,” finds the Cato 2017 Free Speech and Tolerance Survey. Thirty-five percent (35%) side with the president.

However, nearly two-thirds (63%) of Republicans agree that journalists are an enemy of the American people. Such a charge is highly polarizing: 89% of Democrats and 61% of independents do not think journalists are the enemy.

52% of Democrats Say Media Is Doing a Good Job Holding Government Accountable

While Republicans stand out with their negative view of the media, Democrats have uniquely positive evaluations of it. A slim majority (52%) of Democrats say the national news media is doing a good or even an excellent job “holding government accountable.” In contrast, only 24% of independents and 16% of Republicans agree.

Full survey results and report found here.

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