For the third time in less than five months, the U.S. Congress has summoned the CEOs of social media companies to appear before them, with the explicit intent to pressure and coerce them to censor more content from their platforms. On March 25, the House Energy and Commerce Committee will interrogate Twitter’s Jack Dorsey, Facebooks’s Mark Zuckerberg and Google’s Sundar Pichai at a hearing which the Committee announced will focus “on misinformation and disinformation plaguing online platforms.”

The Committee’s Chair, Rep. Frank Pallone, Jr. (D-NJ), and the two Chairs of the Subcommittees holding the hearings, Mike Doyle (D-PA) and Jan Schakowsky (D-IL), said in a joint statement that the impetus was “falsehoods about the COVID-19 vaccine” and “debunked claims of election fraud.” They argued that “these online platforms have allowed misinformation to spread, intensifying national crises with real-life, grim consequences for public health and safety,” adding: “This hearing will continue the Committee’s work of holding online platforms accountable for the growing rise of misinformation and disinformation.”

House Democrats have made no secret of their ultimate goal with this hearing: to exert control over the content on these online platforms. “Industry self-regulation has failed,” they said, and therefore “we must begin the work of changing incentives driving social media companies to allow and even promote misinformation and disinformation.” In other words, they intend to use state power to influence and coerce these companies to change which content they do and do not allow to be published.

I’ve written and spoken at length over the past several years about the dangers of vesting the power in the state, or in tech monopolies, to determine what is true and false, or what constitutes permissible opinion and what does not. I will not repeat those points here.

Instead, the key point raised by these last threats from House Democrats is an often-overlooked one: while the First Amendment does not apply to voluntary choices made by a private company about what speech to allow or prohibit, it does bar the U.S. Government from coercing or threatening such companies to censor. In other words, Congress violates the First Amendment when it attempts to require private companies to impose viewpoint-based speech restrictions which the government itself would be constitutionally barred from imposing. . .

 

A new and rapidly growing journalistic “beat” has arisen over the last several years that can best be described as an unholy mix of junior high hall-monitor tattling and Stasi-like citizen surveillance. It is half adolescent and half malevolent. Its primary objectives are control, censorship, and the destruction of reputations for fun and power. Though its epicenter is the largest corporate media outlets, it is the very antithesis of journalism.

I’ve written before about one particularly toxic strain of this authoritarian “reporting.” Teams of journalists at three of the most influential corporate media outlets — CNN’s “media reporters” (Brian Stelter and Oliver Darcy), NBC’s “disinformation space unit” (Ben Collins and Brandy Zadrozny), and the tech reporters of The New York Times (Mike Isaac, Kevin Roose, Sheera Frenkel) — devote the bulk of their “journalism” to searching for online spaces where they believe speech and conduct rules are being violated, flagging them, and then pleading that punitive action be taken (banning, censorship, content regulation, after-school detention). These hall-monitor reporters are a major factor explaining why tech monopolies, which (for reasons of self-interest and ideology) never wanted the responsibility to censor, now do so with abandon and seemingly arbitrary blunt force: they are shamed by the world’s loudest media companies when they do not.

Just as the NSA is obsessed with ensuring there be no place on earth where humans can communicate free of their spying eyes and ears, these journalistic hall monitors cannot abide the idea that there can be any place on the internet where people are free to speak in ways they do not approve. Like some creepy informant for a state security apparatus, they spend their days trolling the depths of chat rooms and 4Chan bulletin boards and sub-Reddit threads and private communications apps to find anyone — influential or obscure — who is saying something they believe should be forbidden, and then use the corporate megaphones they did not build and could not have built but have been handed in order to silence and destroy anyone who dissents from the orthodoxies of their corporate managers or challenges their information hegemony.

Oliver Darcy has built his CNN career by sitting around with Brian Stelter petulantly pointing to people breaking the rules on social media and demanding tech executives make the rule-breakers disappear. The little crew of tattletale millennials assembled by NBC — who refer to their twerpy work with the self-glorifying title of “working in the disinformation space”: as intrepid and hazardous as exposing corruption by repressive regimes or reporting from war zones — spend their dreary days scrolling through 4Chan boards to expose the offensive memes and bad words used by transgressive adolescents; they then pat themselves on the back for confronting dangerous power centers, even when it is nothing more trivial and bullying than doxxing the identities of powerless, obscure citizens. . .

Using the same logic and talking points leveled against users of Parler and Gab, Americans can only come to one conclusion. If Parler and Gab users are by default racists and NAZIs, then Twitter users are by default pedophiles.

Twitter Sued For Giving Aid And Comfort To Pedophiles