Social Media and the Fate of Freedom of Speech

March 23 2022

Last year, a law was passed in Texas that classified the largest social-media platforms as “common carriers,” or “publicly accessible conduits for the goods or communications of others.” In doing so, the law also barred these platforms from discriminating against speech on grounds of viewpoint. That law has since been challenged in court, and, as Philip Hamburger points out, the outcome of this case may have far-reaching implications for the future of free speech. He examines amicus briefs in favor of the Texas law, and notes the broader cultural conflicts reflected in these arguments.

At this stage, what’s most interesting is who is and who is not among the amici—friends of the court—who have come to the aid of free speech by filing briefs in defense of the statute’s constitutionality.

In a rare literary contribution to legal debate, David Mamet offers a powerful vision of the mental dislocation caused by censorship. Donald Landry—a distinguished scientist and doctor—recalls the fate of Galileo to express the danger of suppressing scientific dissent. Students at Columbia draw upon John Stuart Mill to remind us of the value of protecting even erroneous speech. In defense of comedy, the [conservative-leaning satirical website the] Babylon Bee makes a contribution!

The other side will soon have its own amici briefs. But there inevitably will be a stark contrast between the amici for freedom and the resources on the other side.

Big Tech money flows through large law firms, think tanks, and academia. This is not to say that these institutions have sold their souls, but the sheer magnitude of Big Tech’s wealth means there is no end of talent ready to argue for censorship. But legal and moral reasoning does not depend on the number or size of amici. There is, or at least should be, no strength in mobbing a court or representing groupthink. Rather, what should prevail are accurate arguments that uphold rather than twist the law, and that appeal to the mind rather than the passions.

Read more at Newsweek

More about: American law, David Mamet, Freedom of Speech, Social media

The Hard Truth about Deradicalization in Gaza

Sept. 13 2024

If there is to be peace, Palestinians will have to unlearn the hatred of Israel they have imbibed during nearly two decades of Hamas rule. This will be a difficult task, but Cole Aronson argues, drawing on the experiences of World War II, that Israel has already gotten off to a strong start:

The population’s compliance can . . . be won by a new regime that satisfies its immediate material needs, even if that new regime is sponsored by a government until recently at war with the population’s former regime. Axis civilians were made needy through bombing. Peaceful compliance with the Allies became a good alternative to supporting violent resistance to the Allies.

Israel’s current campaign makes a moderate Gaza more likely, not less. Destroying Hamas not only deprives Islamists of the ability to rule—it proves the futility of armed resistance to Israel, a condition for peace. The destruction of buildings not only deprives Hamas of its hideouts. It also gives ordinary Palestinians strong reasons to shun groups planning to replicate Hamas’s behavior.

Read more at European Conservative

More about: Gaza War 2023, World War II