Archive for the ‘Censorship’ Category

Biden ‘Disinformation’ Panel Gives Ammo to Case on Big Tech Censorship – Daily Signal

The Biden administrations formation of a disinformation board has sparked momentum for two states to sue the U.S. government, alleging pressure and collusion with Big Tech corporations to censor political content that challenges the government line.

If we wouldve tried to bring this lawsuit two or three months ago, I think they wouldve laughed us out of court, Louisiana Attorney General Jeff Landry told The Daily Signal in a phone interview about the new Disinformation Governance Board inside the Department of Homeland Security.

People are really starting to raise their eyebrows and its mostly because of this disinformation branch, Landry said. In other words, the government and Big Tech have become basically brazen in the face of the American people, saying, We are going to give you the information that we deem you need.

Missouri Attorney General Eric Schmitt joined Louisianas Landry last week in filing a federal lawsuit that alleges top-ranking government officials worked with social media giants such as Facebook, Twitter, and YouTube to censor free speech and truthful information regarding COVID-19, election reforms, and other matters.

The two states lawsuit names President Joe Biden, White House medical adviser Dr. Anthony Fauci, and Nina Jankowicz, director of the Disinformation Governance Board, among other administration officials.

When the government strong-arms, or basically forces, a company to do something that it would be unconstitutional for them to do, then basically what happens is that those companies then become an arm of the government, Landry told The Daily Signal.

Among the points in the 86-page complaint, filed in U.S. District Court for the Western District of Louisiana, are:

Fauci is both the chief medical adviser to the president and the longtime director of the National Institute of Allergy and Infectious Diseases.

The lawsuit by Louisiana and Missouri names as defendants Biden, Jankowicz, Psaki, Murthy, and Fauci as well as Homeland Security Secretary Alejandro Mayorkas; Health and Human Services Secretary Xavier Becerra; and Jen Easterly, director of the Cybersecurity and Infrastructure Security Agency.

As alleged further herein, Defendants have coerced, threatened, and pressured social-media platforms to censor disfavored speakers and viewpoints by using threats of adverse government action, the two states lawsuit says, adding:

As alleged further herein, as a result of such threats, defendants are now directly colluding with social-media platforms to censor disfavored speakers and viewpoints, including by pressuring them to censor certain content and speakers, and flagging disfavored content and speakers for censorship. These actions violate the First Amendment.

In addition, the lawsuit alleges action in excess of statutory authority and violations of the Administrative Procedure Act by both HHS and DHS officials.

Landry said the lawsuit would focus on both public information but also explore nonpublic information.

Whats amazing is theyve been pretty brazen. What Psaki has done, Jen has gone out there and said it, basically, that theyve worked with some of the Big Tech companies in order to censor the information, Landry said, adding:

Were going to use the public statements in order to go after the discovery of exactly what youre looking at. I cant wait. I cannot wait to lift the hood of that vehicle and see whats underneath it. I can tell you, itll be extremely interesting. And again, the interesting part is that all of the information and the communication between the government and Big Tech is certainly a matter of, it should be a matter of, public record.

Americans regularly use social media platforms such as Facebook, YouTube, and Twitter, now ubiquitous in society, to discuss topics such as public health, Missouris Schmitt said in a formal statement.

In direct contravention to the First Amendment and freedom of speech, Schmitt said, the Biden administration has been engaged in a pernicious campaign to both pressure social media giants to censor and suppress speech and work directly with those platforms to achieve that censorship in a misguided and Orwellian campaign against misinformation.

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Biden 'Disinformation' Panel Gives Ammo to Case on Big Tech Censorship - Daily Signal

Was Censorship the Greatest COVID Threat to Freedom? – Reason

The Infodemic: How Censorship and Lies Made the World Sicker and Less Free, by Joel Simon and Robert Mahoney, Columbia Global Reports, 192 pages, $16

"We're not just fighting an epidemic," Tedros Adhanom Ghebreyesus, director-general of the World Health Organization, declared at the Munich Security Conference on February 15, 2020. "We're fighting an infodemic. Fake news spreads faster and more easily than this virus and is just as dangerous."

Joel Simon and Robert Mahoney expand on that concept inThe Infodemic: How Censorship and Lies Made the World Sicker and Less Free. Since Simon is a former executive director of the Committee to Protect Journalists, where Mahoney currently serves as executive director, it is not surprising that they see state efforts to suppress inconvenient information as part of the problem that Tedros described.

That makes sense, since authoritarian governments in countries such as China and Russia contributed to the "infodemic" by censoring, discrediting, and intimidating journalists and other observers who tried to tell the truth about COVID-19. Meanwhile, these governments promoted their own version of reality, in which the pandemic's impact was less serious and the political response to it was more effective.

But folding censorship into the "infodemic" creates an inescapable tension, since democrats as well as autocrats were frequently tempted to address "fake news" about the pandemic through state pressure, if not outright coercion. The Biden administration, for instance, demanded that social media platforms suppress COVID-19 "misinformation," which it defined to include statements that it deemed "misleading" even if they were arguably or verifiably true.

The problem of defining misinformation is evident from the debate about face masks as a safeguard against COVID-19. After initially dismissing the value of general masking, the U.S. Centers for Disease Control and Prevention (CDC) decided it was "the most important, powerful public health tool we have." More recently, the CDC has acknowledged that commonly used cloth masks provide little protection, largely agreeing with critics whose statements on the subject had previously triggered banishment from platforms such as YouTube.

Simon and Mahoney make it clear that they do not favor state speech controls. But their concerns about the ways governments used the pandemic as an excuse to expand their powers are curiously limited. While they view censorship as beyond the pale, they are inclined to see other restrictions on freedomeven sweeping impositions such as stay-at-home orders and mass business closuresas justified by the public health emergency.

The authors try to reconcile this apparent contradiction by invoking Isaiah Berlin's distinction between "negative" liberty (freedom from government restraint) and "positive" liberty (self-realization or self-determination). Simon and Mahoney define positive liberty as "the ability to shape the destiny of [one's] own society and live by its laws," which is simultaneously narrower than Berlin's concept, more explicitly collectivist, and more clearly at odds with negative liberty. As they see it, your "ability" to obey democratically enacted laws advances positive liberty even when you view those laws as oppressive.

"The legitimacy of a government's efforts to restrict negative liberty is derived from the existence of positive liberty, as expressed through the consent of the governed," Simon and Mahoney say. "The right to speak, to listen, to express and exchange ideas, to communicate closely held beliefs, to criticize authorities, to demand accountability: these are the broad range of activities enabled by positive liberty."

That's a confusing way to describe freedom of expression, which at bottom is a kind of negative liberty: freedom from prior restraint and from punishment for reporting information or expressing opinions that the government views as dangerous. For example, Simon and Mahoney describe the experience of the independent Chinese journalist Chen Qiushi, who was arrested because of his reporting from Wuhana classic violation of negative liberty.

Restrictions on negative liberty, "even severe ones such as lockdowns, are legitimized through the existence of positive liberty," Simon and Mahoney write, because "the people impacted are able to express their views" and "ultimately if they so wish to compel the government to change course." In other words, as long as citizens have an opportunity to choose, criticize, and change their leaders, it is not inherently problematic to force them to follow public health edicts they view as unnecessary, unscientific, or draconian.

If you oppose censorship as a violation of negative liberty, by contrast, you do not value freedom of expression merely because it is useful around election time or when people are trying to decide what safeguards make sense in response to an airborne virus. And while you probably will agree that such a situation can justify government intervention, since disease carriers pose a potentially deadly threat to others, you may still object to specific policies on the grounds that they unjustifiably restrict other rights, such as freedom of movement, freedom of religion, or freedom to earn a living.

Simon and Mahoney suggest that such rights can be vindicated through the democratic process. But that solution is plainly inadequate, since a majority may support policies that oppress a minority. In any case, COVID-19 control measures in democratic countries were not necessarily supported by popular majorities. For the most part, they were not even imposed by legislative majorities; they were instead the work of executive-branch officials such as governors, presidents, and prime ministers.

Voters might eventually have a chance to express their displeasure at such decrees. In New Jersey, for example, Democratic Gov. Phil Murphy was dismayed by his surprisingly narrow reelection victory last fall, which motivated him to relax his pandemic-related restrictions. Republican Glenn Youngkin's upset victory in Virginia's gubernatorial election likewise was seen partly as an expression of frustration with COVID-19 policiesin particular, a statewide mandate forcing students in K12 schools to wear masks.

But between elections, citizens outraged by such edicts have little recourse unless they can persuade legislators to assert control, as happened in states such as Michigan and Pennsylvania, or obtain relief from the courts, as happened with pandemic-inspired restrictions on abortion and religious gatherings. Those interventions acknowledged the threat that government officials pose to civil liberties when they claim the authority to exercise extraordinary powers in response to open-ended emergencies they themselves declare.

Simon and Mahoney seem mostly blind to that danger, except when it comes to censorship and especially invasive kinds of COVID-related surveillance. They note the "untold hardship" caused by India's lockdown, which left migrant workers stranded without any means to support themselves or their families. But they think the main problem was that the policy was implemented too suddenly, not that it went too far.

"The nationwide lockdown was an unprecedented restriction on the liberty that Indian citizens enjoy in a democracy," Simon and Mahoney concede. "But it had a public health rationale, and many citizens, including health experts, believed it was warranted."

While they give Indian Prime Minister Narendra Modi a pass on his most dramatic and consequential response to the pandemic, Simon and Mahoney fault him for his "harsh reprisals" against journalists who questioned his policies. In addition to direct intimidation, Modi "relied on an army of online trolls who amplified his criticism of individual journalists, attacking them in the most personal and vile ways." In that respect, Simon and Mahoney say, Modi resembled Brazilian President Jair Bolsonaro and U.S. President Donald Trump, "democratic populists" who minimized the seriousness of the pandemic, promoted misinformation, and viewed criticism as an intolerable affront.

In Trump's case, portraying "online trolls" as minions taking their orders from him is misleading, since he often seemed to take his cues from them instead. Trump's reluctance to promote vaccination while he was in office can be explained by his fear that it would anger his supportersa realistic worry, given the hostile reaction he later received when he bragged about the vaccines his administration had expedited. And Trump initially supported lockdowns before declaring, presumably based on his reading of his base, that it was time to lift them.

If we imagine a polity where anti-vaxxers are in the majority, the already problematic idea that pandemic responses are validated by the democratic process becomes even harder to defend. And if the "infodemic" is mostly a spontaneous phenomenon, demands that governments do more to address it invite repressive responses similar to the ones that Simon and Mahoney rightly decry. The alternativecorrecting misinformation by citing the evidence that contradicts itis hardly a magic bullet. But at least it offers an opportunity to persuade people, which is how arguments are supposed to be resolved in a free society.

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Was Censorship the Greatest COVID Threat to Freedom? - Reason

New York gallerists say landlord shut down their space to censor exhibition – Art Newspaper

Sunday marked the fourth day that artist Peter Cloughs new solo show at Haul Gallery in Brooklyn was open to the public, and possibly the last. A powerful and engrossing exhibition of new videos filmed during a residency in the spacean unfinished basement beneath a beauty salon accessed from the sidewalk via a steep staircaseExaltation of the Porous Body continues Cloughs explorations of power, submission, architecture and embodiment. Its centrepiece is a 14-minute video calmly, hypnotically narrated by Clough in which he appears completely naked save a few accessories (including a leather hood) and confined in a dog cage.

Given the content, gallery co-directors Erin Davis and Max C. Lee had posted a content warning on the sign at the gallerys entrance, but that may be what ultimately drew the attention of a man claiming to be a representative of the buildings owner, who visited the space on Sunday (1 May).

I was told that they sent a photo of our signs warning viewers that there is sexual content to the landlord, and that the landlord was upset by that, Lee says. The next thing I know, theres a different guy and about seven [Fire Department of New York] crew members entering the basement and citing fire code violations. He continues, I explained that we can address those, and then the representative of the landlord was like, You are trespassing, Im calling the police.

Whether or not the New York Police Department was also summoned to the gallery is unclear, but after a conversation via FaceTime with a man said to be the buildings landlord, Lee, along with Davis and Clough, decided to close early. The gallery has remained closed to the public since.

This alleged act of censorship by a landlord operating through intimidation is complicated by the gallery's rental arrangement, the building owners anonymity and the lack of protections for commercial tenants in New York City. The building in Downtown Brooklyn where the gallery is located, 368 Livingston Street, is owned by Livingston Street Realty Associates, an entity registered as a limited partnership that thereby has minimal public reporting requirements and is very difficult to trace back to any specific individuals.

Nevertheless, Livingston Street Realty Associates and their lawyers are quite active in court. The company is currently suing three of its tenants in the building for at least $192,000 in unpaid rent, much of it accumulated since the onset of the pandemic. (While residential tenants in New York were, until recently, afforded some protections by way of Covid-19 relief, protections for small businesses started being rolled back in March 2021.)

Weve always been interested in showing in unconventional spaces, Davis says, noting that the gallery had signed a one-year agreement to sublet the basement space from another tenant in the building in February and that Livingston Street Realty Associates was aware that the gallery was operating out of the space. Were not lawyers, but were learning quickly.

"The basement cannot be used for commercial use and it violates the Certificate of Occupancy," says Jeremy J. Krantz, a lawyer at Smith & Krantz, who represents Livingston Street Realty Associates. He provided a copy of the fire department summons from the 1 May visit, addressed to the business owner who sublet the basement to Haul Gallery, which states that in order to remedy the situation it must "immediately cease any commercial use of [the] basement".

The gallerists and Clough believe the actions of the landlord and their representatives were entirely motivated by the content of the current exhibition, not any concerns about the fire code. Prior to the gallery moving in, a tattoo parlour operated out of the space without issue. But the precarity of the gallerys rental arrangement has left it in a vulnerable position with little recourse.

The selective enforcement of rules means spaces like this can operate at the margins, but also means they can easily be shut down or pushed out, says Clough, whose previous exhibition at Haul Gallery, HEAD in 2019, was similarly staged in an unconventional, unfinished basement space and was also very explicit (though differently so) but did not provoke censorship. For now, he, Davis and Lee are exploring ways to show the present exhibition and continue Hauls programming in a new location.

We were told to our faces that this shutdown is happening because of the content of the show, Lee says, and it was made clear to us that the landlord is not interested in negotiating or us staying there at all, so were moving forward.

The gallery's very identity was formed, in a sense, by a previous legal dispute. In 2019 the gallery, then known as Uhaul Gallery, changed its name to Haul Gallery after the truck rental company U-Haul threatened legal action.

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New York gallerists say landlord shut down their space to censor exhibition - Art Newspaper

Joy Behar S-Bomb Slips Past Censors on The View – TheWrap

Joy Behar was just a little too quick with a rare swear Wednesday for the censors delay.

The View crew was wrapping a segment about Twitter possibly bringing back Donald Trump when something hit the fan and whoever had their finger on the bleep button was a step slow. It wasnt clear how wide the FCC no-no word was broadcast, but it was clearly heard in realtime at TheWrap, and captured in the (NSFW!) video above.

He can say stupid things anywhere, Behar said, then adding over crosstalk: Yeah. Exactly. The previous tweets were all dumb shit!

The bleep or as it is these days, a block of silence hit the moment Behar bit down on the t. By the time the audio returned, Behar was already backtracking as her co-hosts realized what shed just said.

Behar may have been doing the math on what the folks at the FCC known to be sticky about the so-called seven dirty words will think of the escaped s-bomb.

I didnt say it, I didnt say it, she insisted, referring to the thing shed just said.

ABC did not immediately return messages left for comment Wednesday.

Andi Ortiz contributed to this story.

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Joy Behar S-Bomb Slips Past Censors on The View - TheWrap

Understanding Censorship – Censorship – LAWS.com

What is Censorship?Censorship is the act of altering, adjusting, editing, or banning of media resulting from the presumption that its content is perceived to be objectionable, incendiary, illicit, or immoral by the presiding governmental body of a specific country or nation or a private institution. The ideology and methodology of Censorship varies greatly on both domestic and international levels, as well as public and private institutions. Governmental Censorship

Governmental Censorship takes place in the event that the content, subject matter, or intent latent within an individual form of media is considered to exist in contrast with preexisting statutory regulations and legislation. In many cases, the censorship of media will be analogous with corollary laws in existence. For example, in countries or nations in which specific actions or activities are prohibited, media containing that nature of presumed illegal subject matter may be subject to Censorship. However, the mere mention of such subject matter will not always result in censorship; the following methods of classification are typically enacted with regard to a governmentally-instituted statutory Censorship:Censorship within the Public SectorThe public sector is defined as any setting in which individuals of all ages inhabit that comply with legal statutes of accepted morality and proper behavior; this differs by locale the nature of the public sector is defined with regard to the nature of the respective form of media and its adherence to legislation:The Federal Communications Commission (FCC) sanctioned by the federal government of the United States in order to regulate the activity taking place in the public setting-based mediaCensorship and IntentWith regard to Censorship, intent is legally defined as the intended result for which one hopes as a result of their participation in the release or authorship of media; typically, proponents for individual censorship will be required to prove that the intent latent within the media in question was enacted knowingly and deliberately in any lack of adherence to legislationCensorship and Privacy

With Regard to censorship, privacy is a state in which an individual is free to act according to their respective discretion with regard to legal or lawful behavior; however, regardless of the private sector, the adherence to legislation and legality is requiredPrivate and Institutional Censorship

Private institutions retain the right to censor media which they may find objectionable; this is due to the fact that the participants in private or independent institutions are defined as willing participants. As a result, upon joining or participating in a private institution, the individuals concede to adhere to applicable regulations:

In many cases, the party responsible for an institutions funding may reserve the right to regulate the censorship of media undertakenThe modernization of censorship laws within the United States, the Federal Government will rarely call for specific, nationalized Censorship unless the content is agreed to be detrimental to the public wellbeing; in contrast, an interest group may choose to censor media that they feel may either deter or contradict their respective ideologies

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Understanding Censorship - Censorship - LAWS.com