Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

reACTIONary

(6,193 posts)
Thu Dec 12, 2024, 10:05 AM Dec 12

Congress doesn't trust us with free speech. TikTok proves it.

A stunning swing toward paternalism

https://wapo.st/4g9JqbN

The United States has long celebrated free speech as one of its core democratic commitments, but in siding with the government against TikTok this month, a circuit court abandoned that value in favor of paternalism.... and handed Congress and the president stunning authority to decide what content Americans can be trusted to consume.

The reasoning isn’t restricted to digital enterprises or apps, either. How about a newspaper with foreign owners? Could the government declare Americans will be too easily manipulated to read content supported by a foreign power? And covert manipulation might happen even without foreign ownership, perhaps through other pressure points such as bribes or sanctions. We should not allow the government to sit “astride the flow” of speech by claiming to protect us from foreign influence, as the Supreme Court warned in an earlier case striking down a ban on foreign propaganda.

While the clock ticks toward a potential shutdown for TikTok, the consequences of this ruling will reverberate long after any ban. Without further review by the Supreme Court, the circuit court’s ruling would leave the door wide open for the government to use national security arguments to limit speech with disturbing results for the First Amendment and the digital public square alike.

11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

reACTIONary

(6,193 posts)
2. You will have to explain further.. .
Thu Dec 12, 2024, 02:57 PM
Dec 12

.... if the owner of a platform prevents you from using it, that isn't an infringement of your free speech.

If, however, the government prevents the owner and you from using or offering the platform, it is an infringement of both your freedom AND the platform owner's freedom of speech.

The government has no business interfering with either the platform or its users.

Gore1FL

(22,025 posts)
3. Not really. My ability to redress the government is not affected by my inability to use a specific platform.
Thu Dec 12, 2024, 03:13 PM
Dec 12

The government has every right to impose regulations on businesses.

I like and support regulations; the government has sanctioned a lot of businesses for for failure to meet regulatory standards.


reACTIONary

(6,193 posts)
4. Let's review...
Thu Dec 12, 2024, 04:09 PM
Dec 12
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Petitioning for redress of grievances is just one part of the first amendment. Explicitly protected is:

* Freedom of Speech
* Freedom of the Press
* Right of Assembly

The authority to regulate commerce is subservient to these freedoms.

Gore1FL

(22,025 posts)
5. Freedom of using the platform of your choice is not the same as free speech.
Thu Dec 12, 2024, 04:15 PM
Dec 12

Speech platform. I had speech before Tik Tok. I'll have freedom of speech after Tik Tok.

I had freedom of the press beforeTik Tok. I'll have freedom of the press after Tik Tok.

I don't tend to assemble on apps on my phone, but I had freedom to assemble beforeTik Tok. I'll have freedom to assemble after Tik Tok.


You don't get to assemble in my living room; I am not denying your right of assembly denying you access to it. Likewise, you don't get to assemble in the Skiff Room at the U.S. Capitol. Them denying you it's use is not an infringement on your first amendment rights.

No one is stifling anyone's speech.

reACTIONary

(6,193 posts)
6. I don't think any of those examples are on point...
Thu Dec 12, 2024, 05:22 PM
Dec 12

.... Whether you can or can't or have exercised your freedom of speech elsewhere has no bearing on whether the government can limit it otherwise. If I want to use TikTok rather than Facebook that's my decision, not the government's. If I want to speak out on DU rather than FreeRepublic, that's up to me, not the government. Whether or not I could have or did tweet before bluesky, if I want to bluesky, that is not the government's decision - it is mine.

If you want folks to assemble in your living room, the government has no right to prevent it. If TikTok, or, say, DU, want folks to assemble on their platform, the government has no right to prevent it.

If the government establishes a forum for public speech and assembly, for instance, a pavilion in a public park, or an auditorium in a public school, they cannot deny its use based on the content of the speech or the reason for the assembly. A SCIF is not established as a forum for speech, so the example is not relevant.

In my opinion, what you are advocating is wrong, is dangerous, and would enable authoritarian oligarchs in their quest for power over the people.

Gore1FL

(22,025 posts)
7. There are legitimate objections and concerns regarding the Ticktock situation.
Thu Dec 12, 2024, 05:52 PM
Dec 12

Freedom of Speech is simply not one of them, though. Freedom of speech guarantees the right to say what you want without being arrested for it.

reACTIONary

(6,193 posts)
9. Yes, it guarantees that, but...
Thu Dec 12, 2024, 06:41 PM
Dec 12

... not simply that. The constitution says that the government cannot take action "abridging the freedom of speech". Obviously there are more ways to abridge the freedom of speech than being arrested. One such way would be to confiscate the means one has to freely exercise speech. If we smash your printing press, we haven't arrested you. Or, say, conducting an IRS audit because the we don't like what you are saying about us.

And, of course, abridging the freedom of one platform is, in effect, abridging the freedom of all platforms. Because it says "you could be next".

The constitution very clearly supports a robust and full protection for freedom of speech.

FakeNoose

(36,169 posts)
8. As I understand it, the issue isn't "free speech" - it's uncontrolled data mining
Thu Dec 12, 2024, 06:34 PM
Dec 12

The owners of TikTok have no interest in complying with our privacy laws, or in protecting American users from privacy breaches.

reACTIONary

(6,193 posts)
10. Neither does Facebook, neither does Twitter, neither does....
Thu Dec 12, 2024, 07:14 PM
Dec 12

..... You name it. How is TikToc behaving differently from any of the others?

Which privacy laws, specifically, are they violating? And if there is evidence to show that they are, why not prosecute and fine them for that?

The reason is, they are complying with our privacy laws. There isn't anything that they have done that could be proven in a court of law. This is just yet another moral panic that is directed at yet more erosion of our liberal democratic values.

I am at at loss as to why DUers, in particular, would want to put the power to harass people for free speech in the hands of repubs and MAGAs.

Latest Discussions»Editorials & Other Articles»Congress doesn't trust us...