SYNDICATED COLUMN: Don’t Fall for the First Amendment = Free Speech Trick

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Like climate change, this is one of those problems I keep expecting people to wise up about but — because they never do — it keeps getting worse.

Thus this tutorial.

The problem is that too many Americans conflate the First Amendment with free speech.

You see it when people discuss the current social-media crackdown against controversial right-wing radio talk show host Alex Jones and his website InfoWars. Jones was banned by Facebook, YouTube (which is owned by Google), Apple and Spotify, and more recently suspended by Twitter for one week. Writing in The New Yorker Steve Coll mocked Jones for calling himself the victim of “a war on free speech.”

“Such censorship is not unconstitutional,” Coll reminds readers. “The First Amendment protects us against governmental intrusions; it does not (yet) protect speech on privately owned platforms.”

The U.S. government is rarely in a position to censor Americans’ freedom of expression. Because the vast majority of censorship is carried about by non-government entities (like the social media companies blocking Jones) the First Amendment only bans a tiny portion of censorship.

Some government agencies do censor the press. A federal judge ordered The New York Times to halt publication of the Pentagon Papers in 1971. The LAPD, whose pension fund owned part of the parent company of The Los Angeles Times and was angry about my work criticizing its brutality and incompetence, ordered the Times to fire me as its cartoonist. They complied. Annoyed by an editorial in the local paper criticizing them for conducting random searches of high school students at basketball games using dogs, the police in Baker City, Oregon created a fake dossier of crimes committed by the editorial writer, which they used to get him fired from his job.

These cases are covered by the First Amendment. But they are outliers.

We can’t protect existing rights if we don’t understand the current parameters of the law. New rights arise from unfulfilled political needs and desires; we can’t fight for expanded protections without defining what is lacking yet desired. Schoolchildren and student journalists, both public and private, are constantly running up against censorship by teachers and administrators. Employers constrain political speech, obscenity and other forms of expression on the job. These are free speech but not First Amendment issues.

In recent decades opponents of free speech, mostly but not exclusively on the right, have relentlessly conflated First Amendment debates with those over free speech. The effect has been to reduce society’s expectations of how much freedom we ought to have to express ourselves.

Take the Jones case.

Writing for the website Polygon, Julia Alexander provides us with a boilerplate (liberal) response to Jones and his allies’ complaints that the big social media companies are suppressing his free speech. First she described some of the episodes that prompted banning Jones, such as pushing PizzaGate and Sandy Hook shooting denialism. Then she pounces: “It’s not a freedom of speech issue, nor one of censorship,” Alexander writes. “The First Amendment…gives American citizens the freedom of speech…The United States government isn’t bringing the hammer down on Jones. This isn’t a political issue, as badly as Jones might want to pretend otherwise.”

See what Alexander did? In just a few sentences she squeezes and smooshes the extremely broad practice of “censorship” into the relatively tiny box of “the U.S. government…bringing the hammer down.” I don’t mean to pick on her — I’ve seen this same exact ball of sophistry used over and over by countless other pundits.

Of course Twitter, Facebook et al. are censoring Jones. Of course the First Amendment doesn’t cover him here. Obviously it’s a freedom of speech issue. The question — the question pro-censorship folks like Alexander doesn’t want us to ask — is, is it right?

For what is right is not always what is legal (see: slavery). Alex Jones and his allies may or not be legit. Their political arguments often are not. But the question they’re asking here is legit and important: should companies like YouTube have the power to suppress speech — any kind of speech?

Alexander ends with a message you ought to find chilling: “Don’t publish vile content, and your video will probably be a-ok.”

“Probably”?

Who gets to define “vile”? Alexander? Mark Zuckerberg, apparently.

Obviously it is a political issue. But that’s not the main point here.

Free speech used to belong to the man with the means to buy ink by the barrel. Now you can buy a newspaper for pennies on the dollar, but who will read it? Much if not most of the political debate in our civic life takes place on platforms owned, controlled and censored by the companies blocking Jones’ content. They write and enforce their own rules. As private companies they are unaccountable to we, the people. We don’t know how they make censorship decisions or who makes them.

Perhaps this is a splendid state of affairs. Maybe Americans don’t mind surrendering control of political debate to faceless tech giants.

Whatever we decide, however, we deserve a transparent discussion. We ought not to let ourselves be fooled into falsely equating free speech to the First Amendment. Free speech means exactly that: everyone and anyone can say anything at all, anywhere they please, to anyone.

Every First Amendment case is a free speech issue. But only a tiny fraction of free speech issues is a First Amendment case.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Distributed by Creators Syndicate

(C) 2018 Ted Rall, All Rights Reserved.

SYNDICATED COLUMN: Distractor-in-Chief Trump Is Gaslighting Us Into Forgetting America’s Real Issues

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Eight days before Donald J. Trump took his presidential oath before a crowd whose size the president still insists on fibbing about, I wrote a column titled “Life Under Trump—What Happens Now?”

“In a dictatorship, particularly where the despot is a megalomaniac in the vein of a Saddam Hussein or a Muammar Gaddafi, citizens obsess over the Great Leader’s every move. These days, there’s no better place to witness this phenomenon than the Central Asian republic of Turkmenistan,” I wrote on January 12, 2017. I described how the founding dictator of that post-Soviet authoritarian state was manic, “constantly passing edicts and decrees about anything and everything that crossed his mind.”

“Whenever I visited Turkmenistan under Turkmenbashi,” I wrote back then, “the only thing anyone ever talked about – and this included ex-pats – was Turkmenbashi.”

Sadly, my predictions usually come to pass. As I expected, the United States remains a democratic republic but under Trump, everyday life has assumed some of the characteristics of an authoritarian regime, especially our obsession with Trump.

OMG can you believe what he tweeted?

            What the hell is wrong with him?

            How long can this go on?

            Trump’s antics have prompted two strains of pundit reaction. One, represented by the comedian John Oliver, urges us to “keep reminding yourself this is not normal.” Others argue for ignoring the Keeper of the Launch Codes, at least his tweets. Ever the contrarian, I subscribe to None of the Above.

You can’t ignore the President of the United States. He’s too powerful. On the other hand, chasing down and driving rhetorical stakes through a maniac’s barrage of nonsense is exhausting and futile. You feel like a character at dusk in a vampire novel — too many undead, not enough stakes, definitely not enough coffee. The proper tack is insipid: Keep Calm and Carry On.

            Here I offer my apologies.

For 15 months I have, like my competitors in the mainstream media, been reacting to Trump: to his tantrums, to his weirdness, and the incongruous hypocrisy of Democrats who complain about stuff Trump does that is exactly the same as what Obama did (mass deportations, bombing Syria). To paraphrase Walter White in the last episode of “Breaking Bad,” it was fun. I enjoyed it. And frankly, I didn’t think he would last this long. Trump was the Political Satirist Full Employment Act of 2016. I didn’t want to miss out.

But I’ve been remiss. I have always tried to be forward-looking, to change the conversation, to argue for what we Americans ought to be doing and talking about. Reacting to the agenda of our worthless political “leaders” was something I left to the mainstream idiots of the corporate media.

I snapped back to reality a few days ago after reading another piece about the booming economy. Never mind whether Trump is priming the pump before busting the joint or whether the good times are about to end with yet another recession. Things are humming now — so now, while the getting is good, is while Americans ought to be demanding that Trump and his Congress fork over big bucks to fix the country’s long-neglected problems.

Workers ought to be out in the streets agitating for a raise: a $25-an-hour minimum wage is literally asking for nothing, since it’s the same, adjusted for inflation, as it was in the 1960s. I say go for $50. While we’re at it, let’s set a $200,000-a-year maximum wage. No one needs more.

Universal health care: it’s time America joined the rest of the First World (and most of the Third).

Three out of ten American workers are self-employed. They ought to qualify for unemployment benefits when they lose work.

A high-speed national rail system is essential to modernize America’s infrastructure and bring it up to global standards circa 1990. Estimated cost: $500 billion. No big deal: Obama spent $800 billion on his 2009 bank-giveaway stimulus bill.

Then there’s stuff that wouldn’t cost a dime, like doing something about guns and gender inequality and police brutality.

Lack of money isn’t why we’re not addressing these issues. Trump recently gave $1.5 trillion in taxpayer funds to his rich friends (and his family). The problem is a lack of focus — because we’re all too busy focusing on the Lunatic-in-Chief.

It’s time to stop being reactive. This is our country. This is our time. These are our lives. It’s up to us to ignore the twitterstorms and the random rants and demand what is our birthright as Americans: the best possible lives we can afford.

(Ted Rall (Twitter: @tedrall), the editorial cartoonist and columnist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

Vote Democratic! Who Else Would Always Consistently Vote Republican?

Are Democrats stupid? Are Democrats corrupt? Are they both? It’s hard to tell sometimes. Most recently, Democrats gave away the leverage that they had against President Trump and the Republicans when they agreed to sign off on a two-year spending deal that favored the Republicans in exchange for a tepid promise by Senate majority leader Mitch McConnell to allow a clean up and down vote on whether or not undocumented people brought to the United States by their parents as children would be allowed to stay permanently. Now the president is saying that there will be no such deal. Democrats aren’t even bothering to complain anymore. So why should anyone vote Democratic?

Trump’s Infamous Tweets

Continuing his effort to keep his twitter feed wild and crazy and important, President Trump recently issued a series of broadsides against members of the media. He seems to spend a lot of time tweeting, and significantly less time doing everything else. Though amusing, these mini-communiques are coarsening our national conversation.

Intolerant

They say American democracy is a shining beacon to the world. But this year perhaps more than ever, friends and family members aren’t talking to each other because of their choice of a presidential candidate. Surely there must be some way to disagree and discuss and argue without hating one another.

Right Attacks Hillary From Left

Right-wing groups are feeding material attacking Hillary Clinton from the left in the hope that it will weaken her support among progressives. What are liberals supposed to do, ignore her perfidy because they’re learning about it from conservatives?

Virtual War is Virtual Hell

Originally published at Breaking Modern:

ISIS hackers successfully penetrated Central Command’s Twitter and YouTube accounts. Virtual war is virtual hell, isn’t it? Next they’re going to try to take Pinterest. But we’re ready.

ted-rall-virtual-war-virtual-hell

The New Journalism

Not long ago, journalists were expected to work stories by getting out of the office and tracking them down. The new breed of online journalists who have replaced them sit on their butts, monitoring tweets in the hope that some celebrity or politician will say something stupid so they can trash them. This is what, in an age of minute budgets, passes for journalism.

SYNDICATED COLUMN: Good Reasons to Hate Big Tech

We love computers and other electronics, but — not unlike an addict’s opinion of his dealer — we hate the companies that sell them to us. Now our contempt for Silicon Valley is expanding to include tech workers.

In San Francisco, where locals know the techies best, 30-year-old worker bees are taking as much heat as their billionaire CEO overlords.

Geographical familiarity breeds political contempt.

Just as Zuccotti Park gave birth to Occupy Wall Street’s clarion cry against the predator class henceforth to be known as the Banksters, San Francisco bus stops have become ground zero in a backlash against Big Tech. Oversized SUV-like buses that ferry Google staffers down the Peninsula provoke anger by clogging public transit stops in a city whose crumbling fleet of city vehicles is starved of funding. Private tech company buses have been blocked by protesters who object to gentrification fueled by the soaring rents paid by deep-pocked tech workers. A bus window got smashed. Across the bay in Berkeley, demonstrators even showed up at the home of a Google engineer to hold him to account for his dual role as tech dystopian (he runs Google’s creepy robot car project) and real estate developer.

Save for a window and a few Google worker tardy notices, nothing has been harmed. Days of Rage this ain’t.

Despite the relative mellowness of it all, any hint that American leftism is livelier than a withered corpse prompts establishmentarians into anxious fits that the streets will soon run red with the blood of fattened-on-organic-veal-and-green-smoothies technorati. In Salon, the usually steady Andrew Leonard lectured San Francisco’s dispossessed that street actions like slashing bus tires are “bullshit,” opining that “delivering passionate rhetoric at a public hearing on city policy toward private shuttles is part and parcel of how a democratic society operates.” (Or doesn’t operate, by his very own account.)

“This is a very dangerous drift in our American thinking,” Tom Perkins, an 82-year-old venture capitalist who helped fund the initial launch of Google, wrote in an instantly infamous letter to the The Wall Street Journal, comparing dislike of 1%ers to Nazi attacks on Jews. “Kristallnacht was unthinkable in 1930; is its descendant ‘progressive’ radicalism unthinkable now?” (Note to Perkins: You’re old enough to remember that Nazism was a right-wing movement.)

“With spokesmen like Mr. Perkins,” David Streitfeld responded in The New York Times, “the tech community will alienate the entire country in no time.”

Gallup’s 2011 poll of public perceptions found that Americans view the tech sector more positively than any other industry but that, I think, is not going to last. Because there are lots of good reasons to hate Big Tech.

The root of our contempt for the tech biz is that all our economic eggs are in their basket. Manufacturing is never coming back. Whatever chance the U.S. economy has of recovering from the 2008-09 collapse (and, for that matter, the 2000-01 and 1989-93 recessions) lies with the tech sector. But the technies don’t care. And they’re barely employing anyone.

Facebook has 6,300 employees, Twitter has 2000, Instagram has 13.

The Big Three auto companies each employ between 2.5 million and 3 million workers directly or through subsidiaries and contractors.

It’s not like Facebook couldn’t use more American workers. Because Mark Zuckerberg can never grab enough loot for himself, Facebook does without the basics, like customer service reps. They don’t even have a phone number.

It’s hard to feel warm and fuzzy about companies that don’t hire us, our neighbors or, well, anyone at all.

Or answer the phone.

Fair or not, we feel vested in tech. The average American spends thousands of dollars a year on electronics and tech-related services, including broadband Internet. Objectively, we spend more on housing, food and energy — but those expenditures feel impersonal. Unlike our devices, we’re not constantly reminded of them.

Smartphones, tablets and desktop computers are central to our minute-by-minute lives, serving as a constant reminder of our material support to the digerati.

Every time we pick up our iPhone, we recall the $400 we spent on it. (And the $300 on its once cool, now lame, two-year-old precursor.) This makes us think of historic, extravagant profits pocketed by their makers. We can’t help but remember the over-the-top paychecks collected by their makers’ CEOs, including the incompetent ones. Also popping to the front of our consciousness is the despicable outsourcing of manufacturing to slave labor contracting firms like Foxconn, where abused Chinese workers attempt suicide so often that the company had to install netting around dormitory windows. Charmingly, Foxconn began requiring new hires to sign an agreement releasing the company from liability if they kill themselves.

Few industries gouge consumers as ferociously as wildly profitable tech outfits like Microsoft, Adobe and Apple.

Not only have Americans been reamed by Big Tech — they know they’ve been reamed. Which sets the stage for big-time resentment.

In the past, wealthy companies and individuals mitigated populist resentment by paying homage to the social contract — i.e., by giving back. Henry Ford paid assembly line workers more than market rates because he wanted them to be able to afford his cars. 19th century robber barons like J.P. Morgan and Cornelius Vanderbilt built museums and contributed to colleges and civic organizations. These gestures helped keep socialism at bay.

Whether it’s due to the influence of technolibertarianism, pure greed or obliviousness, tech titans are relative skinflints compared to the manufacturing giants they’ve supplanted. Yes, there’s the Bill and Melinda Gates Foundation (though its “philanthrocapitalism” model is staggeringly ineffective). But Steve Jobs kept almost every cent. Facebook and Twitter are basically “non-players” in the philanthropy world. Google doles out roughly 0.02% of its annual profits in charitable grants.

Some say the techies aren’t cheap — just skittish. “A lot of the wealthy in Silicon Valley are newly wealthy,” said E. Chris Wilder, executive director of the Valley Medical Center Foundation in San Jose. “That money still feels a little too tenuous; still feels fleeting. And the economic downturn has reinforced that feeling.”

Whatever the cause, underemployed and overcharged Americans expect tech’s 1% to start stepping up.

(Support independent journalism and political commentary. Subscribe to Ted Rall at Beacon.)

COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM

Creativity 2.0

If you have a great idea in the age of the Internet, you need to push it out via social networks! But what if, after you’ve publicized your great idea, there’s no time left to execute your great idea?

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