It's fascinating to me that the normally obscure Section 230 of the Community Decency Act is suddenly front and center in the news. That is because Donald Trump, sensing defeat, is weaponizing it against the tech giants for imposing restrictions on the conspiracy theorists who support him politically.
As I wrote many months ago now, this controversy dates back to 1996 when the web was emerging as a content channel with the potential to be as powerful as the traditional radio, television and publishing industries.
Reminder: Section 230 of the CDA states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This essentially allows companies like Google, Twitter and Facebook to avoid liability for the material posted by users, and is the bedrock of how they have been able to grow into massively profitable companies.
It also is consistent with the free speech guarantees of the First Amendment. Thus back in 1996, I and other journalists strongly supported Section 230 at the dawn of the Internet Age. Notably, this was before Google, Twitter or Facebook even existed. You could argue that they wouldn't exist today if not for this provision of the law.
The problem now is that everything that could go wrong with a system of unfettered free speech has in fact gone wrong. The technology companies have grown through the magic of capitalism into unimaginable behemoths with far more influence (arguably) than traditional media.
Also, this new age where "anybody can become a publisher" has attracted the dregs of society who peddle hate speech and encourage alienated individuals to form would-be terrorist cells. The kidnapping conspiracy case centered in Michigan rests largely on the social media behavior of the individuals involved.
At this point, we have no option but to fall back on our favorite monster movies.
Trump himself as a political phenomenon is largely a creation of Twitter. Think Frankenstein. Meanwhile, the traditional media, by adhering to their highest journalistic standards, cannot uncritically circulate his talking points, which royally pisses him off.
In recent months, the social platforms have felt compelled to impose new warning labels on Trump's misleading and increasingly dangerous Tweets. They fear, legitimately, that the President may incite groups like the Michigan 13 to violence against his political opponents.
They fear he already is.
Thus, he escalates his bluster over Twitter, even with its warning labels, seeking to speak directly to the people. Think King Kong. And the MSM bash him relentlessly. (Imagine the ratings!)
The social media giants try to stop disinformation like the nonsense about Hunter Biden from going viral, but then back off. It's too late. Godzilla is on the march.
Everybody involved in this drama is losing their minds. Speaker of the House Nancy Pelosi appeared absolutely unhinged last week in an interview with Wolf Blitzer of CNN, accusing him of being an "apologist" for Trump. Wolf Blitzer! He's practically the last straight news anchor standing at CNN, much like Chris Wallace at Fox News.
Our real journalists are falling like leaves from dead trees as the winter approaches. And trust me, it is not going to be a mild winter.
Smack into the middle of this mess Congress has subpoenaed the heads of Google, Twitter and Facebook to a hearing where little old Section 230 will no doubt be in the spotlight once again. Get ready for another partisan bloodbath. Where is Hunter S. Thompson when we need him?
Given everything else we all have to cope with at the moment -- Covid-19, polarization, record unemployment, economic distress, social isolation, raising incidence of mental illness, global climate change including heat waves and massive fires, the premature dying off our elders, family members split against each other and on and on and on -- we now face what could prove to be a pivotal moment in the historical evolution of free speech.
I've danced around this issue all year long because I feared it was coming, but now there is no avoiding it any longer. How free will we as a society continue to allow free speech to be?
***
As that question looms over us like a dark buildup approaching from the mainland, poised to strike us on the ever-vulnerable barrier islands out here along the Gulf Coast, today's curated news summaries suggest a people at their wit's end...
* The Problem of Free Speech in an Age of Disinformation -- How a torrent of propaganda, lies and conspiracy theories has weaponized the First Amendment. (by Emily Bazelon, NYT Mag) ... [NOTE: It's 1:48 AM Sunday here and I'm just seeing this; it looks like Emily Bazelon and I have similar fears.]
* As the Coronavirus Surges, a New Culprit Emerges: Pandemic Fatigue -- Exhaustion and impatience are creating new risks as cases soar in parts of the world. “They have had enough,” one U.S. mayor said of her residents. (NYT)
* Trump starts to articulate a painful reality: He could lose in 2020 (Politico)
* A Regulatory Rush by Federal Agencies to Secure Trump’s Legacy -- With the president’s re-election in doubt, cabinet departments are scrambling to finish dozens of new rules affecting millions of Americans. (NYT)
* ‘Little or no Effect,’ W.H.O. Says of Remdesivir on Coronavirus Deaths (Reuters)
* Supreme Court to review Trump plan to exclude undocumented immigrants from census calculations -- A lower court blocked the plan, which would have the effect of shifting political power and federal funds away from urban states with large immigrant populations. (WashPo)
* The World’s Largest Tropical Wetland Has Become an Inferno -- This year, roughly a quarter of the vast Pantanal wetland in Brazil, one of the most biodiverse places on Earth, has burned in wildfires worsened by climate change. (NYT)
* Remote learning is deepening the divide between rich and poor (WashPo)
* Isolation Increases Risk of Dementia by 50% Among Elderly (CNN)
* Chinese government officials are warning their American counterparts they may detain U.S. nationals in China in response to the Justice Department’s prosecution of Chinese military-affiliated scholars, according to people familiar with the matter (WSJ)
* Federal Appeals Courts Emerge as Crucial for Trump in Voting Cases -- Federal district courts have tended to rule for Democrats in litigation over how to run the election, but appeals courts, well stocked with the president’s nominees, are blocking them. (NYT)
* Elon Musk says SpaceX's 1st Starship trip to Mars could fly in 4 years (Space.com)
* Is someone really flying around LAX in a jet pack? Trying to solve an aviation mystery. experts say it may be a drone with a mannequin. (LAT)
* Sasha Baron Cohen: This Time He’s Serious -- Reviving his Borat character and playing the political activist Abbie Hoffman, the actor feels he “had to ring the alarm bell and say that democracy is in peril this year.” (NYT)
* Women’s March in D.C. draws thousands in protest of Supreme Court nominee, Trump (WashPo)
***
Our poets saw this coming. We thought they were writing about love (Tom Petty) or rock n' roll or other fun stuff. How quaint of them...
When my eyes beheld an eerie sight
For my monster from his slab, began to rise
And suddenly to my surprise
The monster mash, it was a graveyard smash
He did the mash, it caught on in a flash
He did the mash, he did the monster mash
To the master bedroom where the vampires feast
The ghouls all came from their humble abodes
To get a jolt from my electrodes
The monster mash, it was a graveyard smash
They did the mash, it caught on in a flash
They did the mash, they did the monster mash
The guests included Wolfman, Dracula, and his son
Igor on chains, backed by his baying hounds
The coffin-bangers were about to arrive
With their vocal group, 'The Crypt-Kicker Five'
The monster mash, it was a graveyard smash
They played the mash, it caught on in a flash
They played the mash, they played the monster mash
Seems he was troubled by just one thing
He opened the lid and shook his fist and said
"Whatever happened to my Transylvania Twist?
The monster mash, it was graveyard smash
It's now the mash, it caught on in a flash
It's now the mash, it's now the monster mash
And my Monster Mash is the hit of the land
For you, the living this mash was meant too
When you get to my door, tell them Boris sent you
The monster mash and do my graveyard smash
Then you can mash, you'll catch on in a flash
Then you can mash, then you can monster mash
Easy, Igor, you impetuous young boy
Mash good! Grrr!
-30-
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