Freedom of Speech and Expression

Subterms

    More stories

    • 138 Shares159 Views

      in Elections

      A Stanford Student Mocked the Federalist Society. It Jeopardized His Graduation.

      by

      The Stanford student sent a satirical flier that drew a complaint from the conservative group. The university then placed a hold on his diploma.It was the final day of classes at Stanford Law School, May 27, when Nicholas Wallace said he was blindsided by a message from one of the deans informing him that his graduation was in jeopardy for potential misconduct.His offense: sending an email flier to fellow law students in January that he pretended was from the Federalist Society, a prominent conservative and libertarian group with a chapter at the law school.The satirical flier promoted a discussion about the Jan. 6 insurrection at the U.S. Capitol, featuring Senator Josh Hawley, Republican of Missouri, and the Texas attorney general, Ken Paxton. The title of the mock event: “The Originalist Case for Inciting Insurrection.”The chapter’s leaders were not amused. They filed a complaint on March 27 with the university, which said in a message to Mr. Wallace that it wasn’t until May 22 that the complainants had asked the administration to pursue the matter.“I was astounded,” Mr. Wallace, 32, said in an interview on Wednesday. “I couldn’t believe that without any more than this letter of concern they placed my graduation and everything I’ve worked for for the last three years, they’ve placed that under threat.”Mr. Wallace’s predicament drew national attention from both free speech groups and conservatives. It served as another example of the intense debate over political speech on college campuses in America.In response to questions on Wednesday, a spokesman for Stanford University said in an email that Mr. Wallace would be allowed to graduate after all after administrators consulted with the university’s legal counsel, who concluded the matter involved issues of protected speech.“In cases where the complaint is filed in proximity to graduation, our normal procedure includes placing a graduation diploma hold on the respondent,” said the spokesman, E.J. Miranda. “The complaint was resolved as expeditiously as possible, and the respondent and complainant have been informed that case law supports that the email is protected speech.”Mr. Miranda said that the university would also review its procedures for placing holds on student diplomas in judicial cases close to graduation.The president of the campus chapter of the Federalist Society did not respond to a request for comment on Wednesday night.Mr. Hawley, who received his undergraduate degree from Stanford University, was widely criticized for objecting to the certification of the presidential election results. Mr. Paxton has drawn scrutiny for his appearance at a rally in support of Donald J. Trump in Washington on the day of the siege.Representatives for Mr. Hawley and Mr. Paxton did not immediately respond to requests for comment on Wednesday night.Grabbing attention itself was Mr. Wallace’s satirical flier, which he said he had emailed to a Listserv forum for law school students on Jan. 25, nearly three weeks after the deadly riot at the U.S. Capitol.The flier said that the event was being presented by the Federalist Society on Jan. 6.“Riot information will be emailed the morning of the event,” the flier said, offering Grubhub coupons to the first 30 students who R.S.V.P.’d for the fictitious program. “Although widely believed to conflict in every way with the rule of law, violent insurrection can be an effective approach to upholding the principle of limited government.”Two days after the satirical flier was sent by Mr. Wallace, it was the focus of a fact check article by USA Today, which reported that the email was a form of satire.In a complaint to the university, unidentified officers of the Federalist Society chapter said that Mr. Wallace’s email had caused significant harm and had led other organizations to cancel their events with the group.“Wallace defamed the student group, its officers, Senator Josh Hawley, and Texas Attorney General Ken Paxton,” the complaint said. “Wallace, impersonating the Stanford Federalist Society, wrote on the flyer that ‘Riot information will be emailed the morning of the event,’ insinuating that the student group was encouraging and hosting a riot. He also wrote that Attorney General Paxton advocates for ‘overturn[ing] the results of a free and fair election’ by ‘calling on a violent mob to storm the Capitol.’ And he wrote that Senator Hawley believes that violent insurrections are justified.”The names of the complainants were redacted from the complaint, which was posted online on Monday by the Foundation for Individual Rights in Education, a group working to defend free speech on college campuses. Mr. Wallace had sought the group’s help.“By instituting an investigation and placing a hold on Wallace’s degree days before his graduation, Stanford betrays its legal and moral commitments to respect its students’ expressive rights,” the group said in a letter on Tuesday to one of the law school’s deans.The flap drew the notice of Slate magazine. The writer of that article, Mark Joseph Stern, was the featured speaker in a conversation about the Federalist Society that Mr. Wallace said he had organized about a month after he sent the satirical email.Mr. Wallace’s cause was also taken up by Laurence H. Tribe, a constitutional law professor emeritus at Harvard University.“Mocking an ideologically-based group can’t be made a basis for denying academic privileges in any open society worthy of respect,” Mr. Tribe wrote on Twitter. “If accurate, this report shows Stanford Law School to be unworthy of treatment as an academic institution.”George T. Conway III, one of the founders of the anti-Trump group the Lincoln Project, also rallied behind Mr. Wallace.“As someone who been involved with the Federalist Society for over 35 years, I agree that this is totally ridiculous,” Mr. Conway said on Twitter, responding to Mr. Tribe.Mr. Wallace, who is from Ann Arbor, Mich., and received his undergraduate degree from the University of Washington in Seattle, said that he is supposed to take the bar exam this summer in his home state and then start a job with the Federal Energy Regulatory Commission in Washington, D.C.He said that he would not have been able to take the bar exam without his law school diploma, which he will receive on June 12. More

    • 138 Shares189 Views

      in Elections

      New York Man Found Guilty of Threatening Democrats After Capitol Riot

      by

      Brendan Hunt said videos and social media posts calling for the slaughter of congressional Democrats were just jokes. Jurors were not convinced.Brendan Hunt was struggling to find success as an actor in New York City when he discovered another way to become famous.He began to film conspiracy theory videos about the Sept. 11 attacks and other mass killings, building an audience over many years. He posted anti-Semitic propaganda, and branded himself as a free speech warrior. He eventually became a fan of President Donald J. Trump.But during the pandemic, Mr. Hunt’s tone escalated. The tipping point came on Jan. 8, two days after the attack on the U.S. Capitol, when Mr. Hunt published a video urging Mr. Trump’s supporters to kill Democratic politicians. A viewer notified the F.B.I., and Mr. Hunt was arrested in January.On Wednesday, after a weeklong trial in Brooklyn, a jury concluded that Mr. Hunt’s words were not protected by the First Amendment. He was found guilty of making a threat to kill members of Congress, a federal crime that carries a maximum sentence of 10 years in prison.Although Mr. Hunt did not travel to Washington on the day of the Capitol riot, his criminal trial was the first one in the country that required jurors to weigh the events of Jan. 6 in their verdict. Jurors watched footage from the attack and heard the testimony of a Capitol Police officer.Mr. Hunt’s rhetoric, prosecutors said, had to be viewed in the context of the Capitol riot.“Many watched the video clips from the Capitol in horror, but the defendant was inspired,” said Ian Richardson, an assistant U.S. attorney, in his closing statement. “He watched the events of Jan. 6, and he wanted more, more violence, more bloodshed.”Mr. Hunt’s lawyers, Jan Rostal and Leticia Olivera, argued at trial that all of his statements were strongly worded political opinions, not specific and targeted threats.People like Mr. Hunt have long posed a challenge for law enforcement officials, who sift through violent threats online to determine which ones are worthy of criminal prosecution and which ones are protected speech. Mr. Hunt was arrested on Jan. 19, the day before President Biden’s inauguration, a signal that F.B.I. agents did not want to wait and see what he might have done on that day.The trial centered around four social media posts that Mr. Hunt made starting in December. Upset about the 2020 election outcome, he urged the slaughter and beheading of prominent Democrats ahead of Mr. Biden’s inauguration. Mr. Hunt singled out Representative Alexandria Ocasio-Cortez, Senator Chuck Schumer and Speaker Nancy Pelosi as “high value targets.”“We’re not voting in another rigged election,” he wrote on Facebook in December. “Start up the firing squads, mow down these commies, and lets take america back!”In a Jan. 8 video on BitChute, a video-sharing site, he said: “If anybody has a gun, give me it. I’ll go there myself and shoot them and kill them.”On Wednesday’s verdict sheet, the jurors indicated that they found the video to be an illegal threat, but not the three other Facebook and Parler posts that prosecutors had also presented. The jury only had to conclude that one of the posts was a true threat to convict Mr. Hunt.Mr. Hunt, a former clerical worker with the New York State court system and the son of a retired Queens judge, published the posts from his home in Ridgewood, Queens, about a 20-minute drive from Ms. Ocasio-Cortez’s district office. The government presented no evidence that Mr. Hunt owned or took any real-life steps to obtain weapons.This undated video frame grab image shows Brendan Hunt, 37, in a video he posted online.US Attorneys Office/Agence France-Presse — Getty ImagesThe jury reached its verdict after three hours of deliberation. After the verdict, Mr. Hunt’s lawyers said in a statement: “This prosecution is a slippery slope into a new war on speech.”The climax of the trial was Mr. Hunt’s highly unusual decision to testify in his own defense — a risky maneuver that allowed him to share his side of the story but also meant prosecutors could cross-examine him about his anti-Semitic and white supremacist beliefs.Before he took the stand, Judge Pamela K. Chen of Federal District Court in Brooklyn asked him repeatedly if he was sure about the decision.During Mr. Hunt’s testimony, he apologized for his posts and took full responsibility, but insisted that he did not intend for them to be serious threats. He described himself as “a pretty immature 37-year-old.” Wearing a gray suit, blue tie and a clear plastic face shield, he seemed relaxed and spoke nonchalantly.“The idea that I would somehow borrow somebody’s gun, waltz into Biden’s inauguration ceremony like some Looney Tunes character and somehow line up all senators and execute a firing squad on them, I think is a pretty ridiculous idea,” he said.He has been in jail since his arrest, which he said has made him realize how irresponsible his social media posts were and how he needed to “readjust what I think is humorous.”“I’m sort of just a YouTube guy who makes controversial content and clickbait videos,” he said.But the verdict showed that the jurors sided with the prosecutors, who argued that the posts were not poorly worded jokes.Prosecutors presented evidence that Mr. Hunt repeatedly posted threatening language against members of Congress, motivated by his anti-Semitic belief that the government was controlled by a Jewish conspiracy. He created a video that was never published online in which he talked about killing Jewish people.Mr. Hunt was quick to resort to violent threats, prosecutors said. In December, after his cousin unfriended him on Facebook, Mr. Hunt sent the cousin a text message threatening to stab his child with a knife.Mr. Hunt was charged with one count of making an illegal threat. He was not charged with inciting violence. Prosecutors did not need to prove that he intended to carry out the threat, nor that members of Congress even received the threat.Prosecutors had to prove that a “reasonable person” would have seen the messages as real threats, and that Mr. Hunt made the threats with the intention of interfering with or retaliating against members of Congress for doing their jobs.Daniel Bonthius, the law enforcement coordinator for Ms. Ocasio-Cortez’s office, testified at trial that he was concerned that Mr. Hunt spoke so calmly in his Jan. 8 video and did not seem mentally ill. Mr. Bonthius said he worried for his staff’s safety, as Mr. Hunt’s Facebook post about a “public execution” brought back memories of the Capitol riot.Among the prominent Democrats Mr. Hunt said should be killed were Rep. Alexandria Ocasio-Cortez, left, and Sen. Chuck Schumer. Seth Wenig/Associated PressThe trial testimony became a time capsule of the world-altering events in 2020. Mr. Hunt explained that he became increasingly lonely working from home during the pandemic, drinking and smoking marijuana to deal with isolation. He listened to the news all day long, furious about government lockdowns and mask mandates.He started visiting a neo-Nazi website and began reading Adolf Hitler’s book, “Mein Kampf.” Two days after the 2020 election, he downloaded the manifesto of Dylann Roof, the white supremacist who killed nine Black churchgoers in 2015 in South Carolina.Mr. Hunt testified that he merely wanted to learn more about mass murderers and did not endorse their beliefs.“Are you a Nazi?” his lawyer asked him. He replied, “No. I’m not a Nazi. I hate Nazis,” pointing to the fact that he owned comic books written by Jewish men.After he published his Jan. 8 video calling for people to kill their senators, right-wing commenters called him an “imbecile” and asked if he had lost his mind. One person wrote: “Good way to put a target on your back and get arrested soon.” Humiliated, he deleted the video the next day.But it was too late. Among the 502 people who viewed the video was the one who called the F.B.I. hotline. Agents opened an investigation and followed Mr. Hunt for over a week.On the day of Mr. Hunt’s arrest, 17 law enforcement officers showed up to his home, searching for bombs and weapons. Instead, his lawyers said, the officers found a trove of comic books, toys and a Ninja Turtle sweater.Mr. Hunt testified that when he is released from prison, he hopes to continue making videos.“I think I should maybe stay away from the political kind of stuff or offensive material,” he said. “Maybe reviewing comic books, reviewing movies. Things like that.” More

    • 138 Shares169 Views

      in Elections

      Were Brendan Hunt's Social Media Rants Free Speech or Illegal Threats?

      by

      The trial of Brendan Hunt, an avid Trump backer and New York City resident, will be one of the justice system’s first attempts to grapple with the events of Jan. 6.Two days after the attack on the U.S. Capitol, a 37-year-old man living in New York City posted a video online entitled “KILL YOUR SENATORS.”The man, Brendan Hunt, was not in Washington on Jan. 6. But in the 88-second video, he said that “we need to go back to the U.S. Capitol” ahead of President Biden’s inauguration and “slaughter” members of Congress, according to the criminal complaint.“If anybody has a gun, give me it,” he said. “I’ll go there myself and shoot them and kill them.”Now, the question of whether the video and three other social media posts by Mr. Hunt crossed the line from free speech into illegal threats is at the heart of a federal trial starting this week in Brooklyn.Brendan Hunt in a picture from his BitChute account.This is the first federal trial in the country that will force jurors to grapple deeply with the events of Jan. 6, diving headfirst into the national debate about how much the government should police violent rhetoric in the wake of the Capitol attack.Mr. Hunt became part of the Capitol breach’s sprawling aftermath as law enforcement officials not only arrested hundreds of rioters who stormed the Capitol but also charged people with making online threats around the attack. As officials in Washington consider new ways to combat violent extremism, including a possible domestic terrorism statute, Mr. Hunt’s trial could be a bellwether of how the authorities balance the pursuit of serious threats with constitutional protections for political speech.“These types of threats are particularly dangerous when made in a charged political environment that has already led to the overrunning of the United States Capitol and the interruption, for the first time in United States history, of the certification of a presidential election,” federal prosecutors in Brooklyn said in a court filing last month.Mr. Hunt faces one count of threatening to murder members of Congress, which carries a maximum sentence of 10 years in prison. In December, Mr. Hunt posted on Facebook urging a “public execution” of prominent Democratic politicians, including the House speaker, Nancy Pelosi, Representative Alexandria Ocasio-Cortez and Senator Chuck Schumer, according to prosecutors.Mr. Hunt’s lawyers have described the case as a groundbreaking prosecution, arguing that the government was trying to criminalize Mr. Hunt’s political opinions. Mr. Hunt had no weapons, no plans to carry out violence and no affiliations with organized groups, his lawyers said. He was ranting into the vast internet void, they argue, with no expectation that anyone would act on his words.“Seen in context, the posts are more consistent with intoxication than insurrection,” his lawyers wrote.Jan Rostal, a federal defender for Mr. Hunt, said in a statement that the First Amendment encouraged political debate “in the town square, not in secret, so bad ideas can get tested.”“This case could have serious implications for freedom of speech on social media,” Ms. Rostal said.Although Mr. Hunt had been posting menacing statements on social media since early December, he was not arrested until Jan. 19, the day before Mr. Biden’s inauguration. Mr. Hunt has been in jail since his arrest.The trial will wade into an unsettled area of law that has become especially urgent with the explosion of incendiary political speech in recent years. One of the central disputes at Mr. Hunt’s trial will be whether a “reasonable person” would have viewed his social media posts as a serious threat to kill members of Congress.“The courts have said we’ve got to leave a lot of room for dissent, including dissent that’s raised in violent terms,” said Eugene Volokh, a law professor at the University of California, Los Angeles. “But how much room is a very important question.”To convict Mr. Hunt, prosecutors must prove that he was not just joking or exaggerating. They must show that he made the statements with the intention of either interfering with the official duties of members of Congress or retaliating against them for certifying the 2020 election results.Prosecutors have said that they may call Capitol Police officers as witnesses to testify about what happened on Jan. 6 and how they reacted to Mr. Hunt’s social media posts.The trial will require jurors to parse through Mr. Hunt’s web of political beliefs to understand his motivations. During jury selection, jurors were asked whether they have strong opinions about the 2020 election or about supporters of President Donald J. Trump that would prevent them from being fair and impartial.Prosecutors will show that Mr. Hunt, a fervent supporter of Mr. Trump, was furious about the outcome of the 2020 presidential election and believed members of Congress were “traitors” for supporting an election result that he viewed as illegitimate.Using Mr. Hunt’s social media comments and private text messages, prosecutors will argue that his statements were deliberate threats motivated by white supremacist and anti-Semitic beliefs.In the video that Mr. Hunt shared two days after the Capitol riot, he used references that are known to white supremacists, prosecutors said. The video was posted on BitChute, a platform with less restrictive moderation policies than YouTube, which has cracked down on the spread of hate speech and conspiracy theories.In a court filing, Mr. Hunt’s lawyers said he removed the video within two days of posting it. It was a “fellow conservative” who saw the video on BitChute and alerted the F.B.I., they wrote.The defense said Mr. Hunt held more nuanced political views than the government’s portrayal. He has posted on social media that he voted for President Barack Obama in 2008 and was later involved in the Occupy Wall Street movement, according to a court filing from his lawyers.“While we do not agree with many of Mr. Hunt’s views, we will fight to the death his right to express them,” his lawyers wrote.In December, Mr. Hunt wrote on Facebook describing Mr. Schumer, Ms. Pelosi and Ms. Ocasio-Cortez as the sort of “high value targets” that Mr. Trump’s supporters should shoot, prosecutors said.“They really need to be put down,” he wrote, according to the complaint. “These commies will see death before they see us surrender!”On the social media site Parler, prosecutors said, after another user suggested acting peacefully following the Capitol riot, Mr. Hunt wrote: “lets go, jan 20, bring your guns #millionmilitiamarch.”Law enforcement officials have historically been careful about bringing criminal charges hinged solely on speech, often waiting to see if the person making troubling statements online takes concrete steps toward violence. But in the weeks after Jan. 6, prosecutors around the country signaled that they were less willing to wait after witnessing how online rhetoric turned into the real-world violence that unfolded at the Capitol.During the pandemic, Mr. Hunt had been working from home in Ridgewood, Queens, making about $57,800 a year in his clerical job with the New York State courts system. He was terminated from the job after his arrest.Mr. Hunt had a long history of promoting conspiracy theories online, including falsely implicating the federal government in a cover-up of the 2012 massacre at Sandy Hook Elementary School, which killed 20 first graders and six educators.Mr. Hunt’s father is a retired family court judge in Queens.At a hearing last month, Mr. Hunt’s father, John M. Hunt, told the court that after his son graduated from college, he pursued a career in acting and clashed frequently with his mother over his marijuana use. Family disputes sometimes escalated into physical altercations, prosecutors said, to the point where Mr. Hunt’s father called on the police to intervene.The father blamed his son’s social media rants on marijuana and alcohol.“My son is not a walking time bomb,” he said in court. “He’s a bright guy. He can be engaging.” More

    • 138 Shares199 Views

      in Elections

      100 Days Without Trump on Twitter: A Nation Scrolls More Calmly

      by

      Democrats are breathing easier. Republicans are crying censorship. For all of the country’s news consumers, a strange quiet has descended after a four-year bombardment of presidential verbiage.That soothing sound that Gary Cavalli hears emanating from Twitter these days? It is the sound of silence — specifically, the silence of former President Donald J. Trump.“My blood pressure has gone down 20 points,” said Mr. Cavalli, 71, whose obsessive hate-following of Mr. Trump ended for good when Twitter permanently barred the former president in January. “Not having to read his latest dishonest tweets has made my life so much happier.”It seems like just yesterday, or perhaps a lifetime ago, that Mr. Trump swaggered through the corridors of Twitter as if he owned the place, praising himself and denigrating his enemies in an endless stream of poorly punctuated, creatively spelled, factually challenged ALL-CAPS DIATRIBES that inflamed, delighted and terrified the nation to varying degrees. That all ended on Jan. 8, two days after a mob egged on by his incendiary remarks had stormed the United States Capitol in an ill-conceived effort to overturn the results of the presidential election.One hundred days have now elapsed since the start of the ban — a move that raised questions of free speech and censorship in the social media age, upset pro-Trump Republicans and further enraged a now-former president who still refuses to accept the fact that he lost the election.To many of the former president’s detractors, the absence of a daily barrage of anxiety-provoking presidential verbiage feels closer to a return to normalcy than anything else (so far) in 2021.“I legitimately slept better with him off Twitter,” said Mario Marval, 35, a program manager and Air Force veteran in the Cincinnati area. “It allowed me to reflect on how much of a vacuum of my attention he became.”For Matt Leece, 29, a music professor in Bloomsburg, Pa., the Twitter suspension was akin to a clearing of the air: “It’s like living in a city perpetually choked with smog, and suddenly one day you wake up and the sky is blue, the birds are singing, and you can finally take a full, nontoxic breath.”Yet for millions of Trump loyalists, his silence has meant the loss of their favorite champion and the greatest weapon in their fight against the left.“I miss having his strong, conservative, opinionated voice on Twitter,” said Kelly Clobes, 39, a business manager from southern Wisconsin. “Other people have been allowed to have free speech and speak their minds, and they haven’t been banned. Unless you’re going to do it across the board, you shouldn’t do it to him.”Even in a forum known for turning small differences into all-out hostility, Mr. Trump’s Twitter feed was unique. There was its sheer volume. From 2009, when he posted his first tweet (“Be sure to tune in and watch Donald Trump on Late Night with David Letterman as he presents the Top Ten List tonight!”), to Jan. 8 of this year, when he posted his last (“To all of those who have asked, I will not be going to the Inauguration on January 20”), Mr. Trump tweeted more than 56,000 times, according to an online archive of his posts. He tweeted so often on some mornings in office that it was hard to believe he was doing much else.Then there were the presidential tweets themselves.The one where he predicted that if he were to fight Joe Biden, Mr. Biden would “go down fast and hard, crying all the way.” The one where he called Meryl Streep “one of the most overrated actresses in Hollywood.” The one where he accused former President Barack Obama of wiretapping him. The one where he boasted that his “Nuclear Button” was “much bigger & more powerful” than that of Kim Jong-un, the North Korean leader. (“And my Button works!” he added.)Love it or hate it, it was impossible to ignore Mr. Trump’s Twitter feed, which flowed from the platform directly into the nation’s psyche. His tweets were quoted, analyzed, dissected, praised and ridiculed across the news media and the internet, featuring often in people’s “I can’t believe he said that” conversations. For his opponents, there was a rubbernecking quality to the exercise, a kind of masochistic need to read the tweets in order to feel the outrage.Seth Norrholm, an associate professor of psychiatry at the Wayne State University School of Medicine in Detroit and an expert on post-traumatic stress, said that Twitter had offered Mr. Trump a round-the-clock forum to express his contempt and anger, a direct channel from his id to the internet. Every time he used all-caps, Professor Norrholm said, it was as if “an abuser was shouting demeaning statements” at the American people.Although “out of sight, out of mind really works well for a lot of people in helping them to move forward,” he continued, Mr. Trump has refused to go away quietly. Indeed, he has set up a sort of presidential office in exile at Mar-a-Lago, his Florida resort, emerging intermittently to issue statements on quasi-presidential letterhead and to heap derision on Republicans he deems insufficiently loyal.“It’s as if you’re in a new relationship with the current administration, but every now and then the ex-partner pops up to remind you that ‘I’m still here’ — that he hasn’t disappeared entirely and is living in the basement,” Professor Norrholm said. “What’s going to happen over the next couple of years is that you will hear rumbles from the basement. We don’t know whether he’ll emerge or not, or whether it’s just some guy in the basement making some noise.”But how significant is the noise? Many Republicans still seem to be hanging on Mr. Trump’s every word. But others say that without Twitter or indeed the presidency, his voice has been rendered nearly impotent, much the way Alpha, the terrifying Doberman pinscher in the movie “Up,” becomes ridiculous when his electronic voice malfunctions, forcing him to speak with the Mickey Mouse-like voice of someone who has inhaled too much helium.“He’s not conducting himself in a logical, disciplined fashion in order to carry out a plan,” the anti-Trump Republican lawyer George Conway said of the former president. “Instead, he’s trying to yell as loudly as he can, but the problem is that he’s in the basement, and so it’s just like a mouse squeaking.”Not everyone agrees, of course. Even some people who are no fans of Mr. Trump’s language say that the Twitter ban was plain censorship, depriving the country of an important political voice.Ronald Johnson, a 63-year-old retailer from Wisconsin who voted for Mr. Trump in November, said that Twitter had, foolishly, turned itself into the villain in the fight.“What it’s doing is making people be more sympathetic to the idea that here is somebody who is who is being abused by Big Tech,” Mr. Johnson said. Although he doesn’t miss the former president’s outrageous language, he said, it was a mistake to deprive his supporters of the chance to hear what he has to say.And many Trump fans miss him desperately, in part because their identity is so closely tied to his.Last month, a plaintive tweet by Rudolph W. Giuliani, the former mayor of New York, that bemoaned Mr. Trump’s absence from the platform was “liked” more than 66,000 times. It also inspired a return to the sort of brawl that Mr. Trump used to provoke on Twitter, as outraged anti-Trumpers waded in to inform Mr. Giuliani exactly what he could do with his opinion.It is exactly that sort of thing — the punch-counterpunch between the right and left, the quick escalation (or devolution) into name-calling and outrage so often touched off by Mr. Trump — that caused Mr. Cavalli, a former sportswriter and associate athletic director at Stanford University, to leave Twitter right before the election. He had been spending an hour or two a day on the platform, often working himself up into a frenzy of posting sarcastic responses to the president’s tweets.When he called Kayleigh McEnany, the president’s press secretary, a “bimbo,” Twitter briefly suspended him.“I thought, maybe God’s sending me a message here, and this is something I shouldn’t be doing,” he said. “So I quit.” His wife was happy; he has tried to channel his pent-up outrage by writing letters to the editor of The San Francisco Chronicle.Joe Walsh, a former Trump-supporting Republican congressman who is now an anti-Trump talk-radio host, said that even some people who hate the former president are suffering from a kind of withdrawal, their lives emptier now that Mr. Trump is no longer around to serve as a villainous foil for their grievances.“I completely get that it’s cool and hip to say, ‘I’m going to ignore the former guy’ — there’s a lot of performance art around that — but a lot of people miss being able to go after him or talk about him every day,” he said. “We’re all so tribal and we want to pick our tribes, and Trump made that dividing line really easy. Where do you stand on Biden’s infrastructure plan? That’s a little more nuanced.” More

    • 175 Shares169 Views

      in Elections

      I Used to Think the Remedy for Bad Speech Was More Speech. Not Anymore.

      by

      I used to believe that the remedy for bad speech is more speech. Now that seems archaic. Just as the founders never envisioned how the right of a well-regulated militia to own slow-loading muskets could apply to mass murderers with bullet-spewing military-style semiautomatic rifles, they could not have foreseen speech so twisted to malevolent intent as it is now.Cyber-libertarianism, the ethos of the internet with roots in 18th-century debate about the free market of ideas, has failed us miserably. Well after the pandemic is over, the infodemic will rage on — so long as it pays to lie, distort and misinform.Just recently, we saw the malignancies of our premier freedoms on display in the mass shooting in Boulder, Colo. At the center of the horror was a deeply disturbed man with a gun created for war, with the capacity to kill large numbers of humans, quickly. Within hours of the slaughter at the supermarket, a Facebook account with about 60,000 followers wrote that the shooting was fake — a so-called false flag, meant to cast blame on the wrong person.So it goes. Toxic misinformation, like AR-15-style weapons in the hands of men bent on murder, is just something we’re supposed to live with in a free society. But there are three things we could do now to clean up the river of falsities poisoning our democracy.First, teach your parents well. Facebook users over the age of 65 are far more likely to post articles from fake news sites than people under the age of 30, according to multiple studies.Certainly, the “I don’t know it for a fact, I just know it’s true” sentiment, as the Bill Maher segment has it, is not limited to seniors. But too many older people lack the skills to detect a viral falsity.That’s where the kids come in. March 18 was “MisinfoDay” in many Washington State high schools. On that day, students were taught how to spot a lie — training they could share with their parents and grandparents.Media literacy classes have been around for a while. No one should graduate from high school without being equipped with the tools to recognize bogus information. It’s like elementary civics. By extension, we should encourage the informed young to pass this on to their misinformed elders.Second, sue. What finally made the misinformation merchants on television and the web close the spigot on the Big Lie about the election were lawsuits seeking billions. Dominion Voting Systems and Smartmatic, two election technology companies, sued Fox News and others, claiming defamation.“Lies have consequences,” Dominion’s lawyers wrote in their complaint. “Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process.”In response to the Smartmatic suit, Fox said, “This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern.” No, it doesn’t. There is no “mission” to misinform.The fraudsters didn’t even pretend they weren’t peddling lies. Sidney Powell, the lawyer who was one of the loudest promoters of the falsehood that Donald Trump won the election, was named in a Dominion lawsuit. “No reasonable person would conclude that the statements were truly statements of fact,” her lawyers wrote, absurdly, of her deception.Tell that to the majority of Republican voters who said they believed the election was stolen. They didn’t see the wink when Powell went on Fox and Newsmax to claim a massive voter fraud scheme.Dominion should sue Trump, the man at the top of the falsity food chain. The ex-president has shown he will repeat a lie over and over until it hurts him financially. That’s how the system works. And the bar for a successful libel suit, it should be noted, is very high.Finally, we need to dis-incentivize social media giants from spreading misinformation. This means striking at the algorithms that drive traffic — the lines of code that push people down rabbit holes of unreality.The Capitol Hill riot on Jan. 6 might not have happened without the platforms that spread false information, while fattening the fortunes of social media giants.“The last few years have proven that the more outrageous and extremist content social media platforms promote, the more engagement and advertising dollars they rake in,” said Representative Frank Pallone Jr., chairman of the House committee that recently questioned big tech chief executives.Taking away their legal shield — Section 230 of the Communications Decency Act — is the strongest threat out there. Sure, removing social media’s immunity from the untruthful things said on their platforms could mean the end of the internet as we know it. True. But that’s not necessarily a bad thing.So far, the threat has been mostly idle — all talk. At the least, lawmakers could more effectively use this leverage to force social media giants to redo their recommendation algorithms, making bogus information less likely to spread. When YouTube took such a step, promotion of conspiracy theories decreased significantly, according to researchers at the University of California, Berkeley, who published their findings in March 2020.Republicans may resist most of the above. Lies help them stay in power, and a misinformed public is good for their legislative agenda. They’re currently pushing a wave of voter suppression laws to fix a problem that doesn’t exist.I still believe the truth may set us free. But it has little chance of surviving amid the babble of orchestrated mendacity.Timothy Egan (@nytegan) is a contributing opinion writer who covers the environment, the American West and politics. He is a winner of the National Book Award and author, most recently, of “A Pilgrimage to Eternity.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 88 Shares99 Views

      in Elections

      Zuckerberg, Dorsey and Pichai testify about disinformation.

      by

      The chief executives of Google, Facebook and Twitter are testifying at the House on Thursday about how disinformation spreads across their platforms, an issue that the tech companies were scrutinized for during the presidential election and after the Jan. 6 riot at the Capitol.The hearing, held by the House Energy and Commerce Committee, is the first time that Mark Zuckerberg of Facebook, Jack Dorsey of Twitter and Sundar Pichai of Google are appearing before Congress during the Biden administration. President Biden has indicated that he is likely to be tough on the tech industry. That position, coupled with Democratic control of Congress, has raised liberal hopes that Washington will take steps to rein in Big Tech’s power and reach over the next few years.The hearing is also be the first opportunity since the Jan. 6 Capitol riot for lawmakers to question the three men about the role their companies played in the event. The attack has made the issue of disinformation intensely personal for the lawmakers since those who participated in the riot have been linked to online conspiracy theories like QAnon.Before the hearing, Democrats signaled in a memo that they were interested in questioning the executives about the Jan. 6 attacks, efforts by the right to undermine the results of the 2020 election and misinformation related to the Covid-19 pandemic.Republicans sent the executives letters this month asking them about the decisions to remove conservative personalities and stories from their platforms, including an October article in The New York Post about President Biden’s son Hunter.Lawmakers have debated whether social media platforms’ business models encourage the spread of hate and disinformation by prioritizing content that will elicit user engagement, often by emphasizing salacious or divisive posts.Some lawmakers will push for changes to Section 230 of the Communications Decency Act, a 1996 law that shields the platforms from lawsuits over their users’ posts. Lawmakers are trying to strip the protections in cases where the companies’ algorithms amplified certain illegal content. Others believe that the spread of disinformation could be stemmed with stronger antitrust laws, since the platforms are by far the major outlets for communicating publicly online.“By now it’s painfully clear that neither the market nor public pressure will stop social media companies from elevating disinformation and extremism, so we have no choice but to legislate, and now it’s a question of how best to do it,” said Representative Frank Pallone, the New Jersey Democrat who is chairman of the committee.The tech executives are expected to play up their efforts to limit misinformation and redirect users to more reliable sources of information. They may also entertain the possibility of more regulation, in an effort to shape increasingly likely legislative changes rather than resist them outright. More

    • 125 Shares169 Views

      in Elections

      $325,000 Settlement for Teacher Over Trump References Removed From Yearbook

      by

      A New Jersey teacher was suspended in 2017 after, she says, the school administration told her to remove a reference to Mr. Trump from a student’s shirt in a photo.For years, Susan Parsons said she was told by administrators to remove “controversial” content from the high school yearbook in Wall Township, N.J.Ms. Parsons, a teacher and the yearbook adviser, said in court papers that she had to erase from a photo a feminist bumper sticker on a student’s laptop, Photoshop “fake” clothing onto shirtless students on a school trip to Bermuda and take out questionable hand gestures.But it wasn’t until 2017 that one particular edit thrust Ms. Parsons and the district into a national firestorm over free expression and political opinion.Ms. Parsons was suspended after removing a reference to Donald J. Trump on a student’s shirt, an action that led to widespread news media attention and death threats, according to a lawsuit she filed against the school district.Ms. Parsons said she had been told by the principal’s secretary to remove Mr. Trump’s name and his slogan, “Make America Great Again.” Ms. Parsons was then publicly scapegoated and muzzled by the district, the suit said.On Tuesday, the district’s board agreed to a $325,000 settlement to resolve her claims. About $204,000 will be paid to Ms. Parsons, and the rest will cover her legal fees and expenses, according to the settlement, which says the district’s insurers will cover the costs.“We are happy that Susan was able to achieve the justice she deserves,” Christopher J. Eibeler, her lawyer, said on Saturday. Under the agreement, previously reported by NJ.com, the district denied any wrongdoing.The district and its lawyer did not respond to requests for comment on Saturday. Cheryl Dyer, who was the superintendent at the time of the photo alteration, said she had retired from the district and could no longer speak for it.In her lawsuit, Ms. Parsons said she felt it was unethical to heavily edit yearbook photos and had complained to the administration that the “yearbook should reflect reality.”She was told to remove the reference to Mr. Trump on the student’s shirt in December 2016 after she went to the administration office to pick up drafts of the yearbook pages, the lawsuit said.Ms. Parsons said she had agreed to alter the photo but was confronted by the student after the yearbooks were handed out in June 2017. “Why did you edit the word Trump off of my shirt?” the student asked. She told him to talk to the principal.Later that day, one of the student’s parents emailed Ms. Parsons, saying the student’s picture had been “edited without his/our permission.”“I would like to understand who made that decision,” the email said, according to the lawsuit. “We felt the shirt he wore was appropriate.”Two other students then complained that a Trump logo and a quote attributed to Mr. Trump had been removed from the yearbook.Ms. Parsons said in her suit that the logo had been cropped out by a photo vendor and a student who worked on the yearbook had left the quote out by mistake. Nevertheless, outrage was already exploding in Wall, a township of about 25,000 near the Jersey Shore that voted for Mr. Trump in 2016 and in 2020.Ms. Parsons said the school administration had begun a public campaign to shield itself from responsibility by creating a “false narrative” that she was responsible for the changes.For example, Ms. Dyer sent a letter to parents on June 9, 2017, that stated, falsely, according to court papers, that “the high school administration was not aware of and does not condone any censorship of political views on the part of our students.”On June 12, 2017, the student whose logo had been removed appeared on one of Mr. Trump’s favorite programs, “Fox & Friends,” and said, “The people or person who did this should be held responsible because it is a violation of mine and other people’s First Amendment rights.”That same day, Ms. Parsons said, she was summoned to a meeting with Ms. Dyer and was suspended. Days later, Mr. Trump drew more attention to the issue, decrying “yearbook censorship” at the high school in a Facebook post.Susan Parsonsvia Susan ParsonsMs. Dyer said at the time that the yearbook alterations had amounted to “censorship and the possible violation of First Amendment rights.”“This allegation is being taken very seriously and a thorough investigation of what happened is being vigorously pursued,” she said in a statement in 2017. The student dress code did not prevent students from expressing their political views or support for a political figure, she said.Ms. Parsons told The New York Post, “We have never made any action against any political party.” That prompted Ms. Dyer to send an email to Ms. Parsons’s union representative to remind her that she did not have permission to speak to the newspaper, the lawsuit said.Ms. Parsons said the superintendent had cited a district media policy that was like a “gag order” that prevented her from defending herself.Ms. Parsons said she had been told to “white out” a sticker on the back of a student’s computer that read, “Feminism is the radical notion that women are people.”New Jersey Superior CourtMs. Parsons, who said in court papers that she had voted for Mr. Trump in 2016, said she was soon inundated with hate mail and harassing phone messages that called her a Nazi, a communist, anti-American and a “treasonous traitor liberal.”She said she had been afraid to use her name when ordering takeout food and feared that drivers might try to hit her when she went for bike rides.When she returned to school in September 2017, she said, she was “disrespected and ridiculed” by students and others who blamed her for removing the Trump references from the yearbook.She sued the district in May 2019 and retired in February 2020. More

    • 150 Shares199 Views

      in Elections

      Trump Isn’t the Only One on Trial. The Conservative Media Is, Too.

      by

      #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyOn PoliticsTrump Isn’t the Only One on Trial. The Conservative Media Is, Too.The former president’s second impeachment trial begins oral arguments on Tuesday. But conservative media organizations face an even more consequential test in the weeks and months ahead.Outside the Fox News headquarters in New York on the day of President Biden’s inauguration. The network and other conservative outlets have faced lawsuits over false claims about the election.Credit…Carlo Allegri/ReutersFeb. 8, 2021Updated 9:47 p.m. ETWith the Senate’s impeachment trial starting oral arguments on Tuesday, Donald Trump now faces the possibility of real consequences for his role in inciting the Capitol siege of Jan. 6.But the apparatus that fed him much of his power — the conservative news media — is facing a test of its own. This might ultimately have a much bigger impact on the future of American politics than anything that happens to Mr. Trump as an individual.In recent weeks, two voting-technology companies have each filed 10-figure lawsuits against Mr. Trump’s lawyers and his allies in the media, claiming they spread falsehoods that did tangible harm. This comes amid an already-raging debate over whether to reform Section 230 of the Communications Decency Act, which prevents online companies from being held liable for the views expressed on their platforms.“The greatest consequence of the Trump presidency has been the weaponizing of disinformation and parallel dismantling of trust in the media,” Mark McKinnon, a longtime political strategist and co-host of the Showtime political series “The Circus,” told me in an email.“Unfortunately, it took the perpetration of the big lie that the election was a fraud, an insurrection at the Capitol, and almost destroying our democracy for someone to finally take action. But it appears to be working,” Mr. McKinnon said. “Nothing like threatening the bottom line to get the desired attention.”On Thursday, the voting-machine company Smartmatic filed a $2.7 billion lawsuit against Fox News, some of its prominent hosts and two lawyers who represented Mr. Trump, Sidney Powell and Rudy Giuliani. The suit accuses them of mounting a campaign of defamation by claiming that Smartmatic had been involved in an effort to throw the election to Joe Biden. Fox News said in a statement that it was “committed to providing the full context of every story with in-depth reporting and clear opinion,” adding that “we are proud of our 2020 election coverage and will vigorously defend against this meritless lawsuit in court.”The Fox suit came on the heels of a similar $1.3 billion suit that Dominion Voting Systems brought against Mr. Giuliani the week before.The impact of both lawsuits was immediate. Newsmax, an ultraconservative TV station that has expanded its popularity by lining up to the right of Fox News, cut off an interview with the MyPillow founder Mike Lindell last week as he attacked Dominion — something that commentators had done on the station many times before. Then, over the weekend, Fox Business sidelined Lou Dobbs, one of Mr. Trump’s fiercest TV news defenders and a defendant named in the Smartmatic lawsuit.Jonathan Peters, a media law professor at the University of Georgia, said that unlike many libel lawsuits, the Dominion and Smartmatic cases do not appear to be publicity stunts; they have a firm legal basis.“In recent years it has been a boom time for nuisance claims against media organizations,” Dr. Peters said, citing lawsuits brought against traditional news media by Trump allies like Representative Devin Nunes and Joe Arpaio. “The language at issue in the Dominion and Smartmatic litigation has involved statements of fact that would be provably false,” he added. “The language at issue is not necessarily opinion, hyperbole or some other form of invective.”Because the suits seem to be serious, Dr. Peters said, “this is a corrective for companies and individuals being sued — and for those not being sued it is a shot across the bow.”But in a media landscape permanently altered by polarization, and by Mr. Trump’s indifference to facts, Fox News and other conservative broadcasters face significant competition from popular YouTubers and Twitter users, who have much more leeway to express potentially harmful views.Angelo Carusone, the president of Media Matters, a left-leaning group, said this leaves Fox News fighting a two-front war.“They’re getting attacked by their own people,” he said. “If you’re a conservative channel or host, you need to pick away at Fox News.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Mr. Carusone pinpoints spring 2017 as a moment of symbolic transition. That’s when the Fox News host Sean Hannity began embracing a series of baseless claims tying Hillary Clinton to the death of a Democratic aide, claims that Mr. Trump had co-signed. “In August of 2016, Sean Hannity was chastising conservative media figures for promoting the Seth Rich conspiracy theories,” Mr. Carusone said. “And yet in May of 2017, Hannity is launching his own investigation into who in Hillary Clinton’s campaign murdered Seth Rich. There is no clearer moment of when they shifted their posture.”Mr. Carusone said that Mr. Hannity’s evolution was goaded by Mr. Trump’s ability to use social media to promote unproven, reckless arguments — and by social media companies’ ability to give him a platform without themselves facing repercussions for his speech, thanks to Section 230. “Trump increasingly was able to leapfrog Fox News, in terms of building a relationship to Fox News’s own audience,” he said. “So Fox News lost the keys to the gate.”But in the past month, Mr. Trump has lost his set of keys, too. He was kicked off Twitter and Facebook after the Capitol riot, and since leaving the White House he has been as quiet as a church mouse. In his absence, Fox News has begun to focus more on attacking Mr. Biden and other Democrats on the news of the day than on importing conspiracy theories from online.Going forward, Mr. Carusone said, “I think they’ll try to soften some of the content on the edges, and to lean heavier into the partisan attacks and less on the right-wing fever swamp fantasies and narratives.”Proponents of media reform say that this moment presents a once-in-a-generation opportunity to rethink government policy related to online speech in particular. Ellen Goodman, a Rutgers Law School professor who focuses on information policy, said that maintaining a healthy marketplace of ideas was crucial to democracy.“If this is a moment of radical, ‘Build Back Better’ adjustments, and a revival of the middle class, what would the democracy-building part of that look like?” she said. She proposed instituting taxes or regulations that would “make the surveillance-capitalism model less attractive,” preventing social media companies from microtargeting audiences in the interest of selling them products.Jonathan Zittrain, a Harvard Law School professor who studies digital media, sees a sea change coming. In the early decades of the internet, he said, most legal discussions were guided by a question of “rights,” particularly the right to free speech under the First Amendment. But in recent years, a new interest in what he called “the public health framework” has taken hold.“Misinformation and extremism — particularly extremism that’s tied to violence — can result in harm,” Mr. Zittrain said. “Given that there are compelling things in both the rights framework and the health framework, there’s going to be a balance struck.”On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com.AdvertisementContinue reading the main story More