On Sunday, the New York Times published an agonizingly long 4,200-word article on how former President Trump’s allies are winning the war over disinformation.
“Waged in the courts, in Congress and in the seething precincts of the internet,” the counteroffensive over censorship waged by Trump and his allies “has eviscerated attempts to shield elections from disinformation in the social media era.”
The piece was a list of familiar liberal grievances around a central question: “In a world of unlimited online communications, in which anyone can reach huge numbers of people with unverified and false information, where is the line between protecting democracy and trampling on the right to free speech?”
The article’s timing was to help influence the Supreme Court, which heard oral arguments on Monday in a lawsuit filed by the attorneys general of Missouri and Louisiana about how federal officials force social media platforms to limit speech critical of the government.
As ardent believers of free speech, we have repeatedly stressed in these pages that there should be no line as long as the speech is legal. Social media platforms have already established terms of use prohibiting any expression of criminal speech -one can’t plan a drug deal or architect a crime.
The majority of speech on the Internet is civil, meaning it is not criminal. People may not be civil to each other, but this often happens during a vigorous debate. There are no legal contracts between people on a social media platform, so they are free to dispute facts and opinions all they want. The benefits of vibrant interactions in the public sphere thwart any harm resulting from disinformation.
Indeed, some people may express opinions that most others may find distasteful. In the 1988 Supreme Court case, People vs. Larry Flynt, attorney Alan Isaacman argued that Hustler magazine’s parody depiction of the Rev. Jerry Falwell having sex with his mother, distasteful as it may have been, was permitted under the constitution: “This country is founded, at least in part, on the firm belief that unpopular speech is vital to the health of our nation.” In an 8–0 decision, the Court agreed and held that the ad’s infliction of emotional distress on Falwell was insufficient to deny the First Amendment protection of Hustler magazine to criticize public officials and figures.
Unfortunately, the modern establishments’ battle to constantly control the narrative has taken us far from the righteous path that the Supreme Court laid out for us in Flynt. Until Elon Musk took over Twitter and brought free speech back to one of the largest social media platforms, anything that did not meet the establishments’ speech code was immediately deemed as disinformation and harmful. The code was always under extraordinarily broad and laudable yet ambiguous terms, such as trust, safety, and concern for the public.
On October 14, 2020, the New York Post published a damaging story about then-candidate Biden asserting that Hunter Biden’s abandoned laptop carried proof he sold influence while his father served as vice president and the elder Biden knew it. The story sought to sow doubts about Biden’s prior statements that he never discussed Ukraine with his son. The Biden campaign immediately squashed the story, saying that it was a product of Russian disinformation.
Within hours of the Post’s article appearing on Facebook, the platform had limited the story’s distribution. The old Twitter went even further and blocked the article altogether. The reason? The report was based on “unverified material from Trump allies.”
On October 19, Politico reported that more than 50 former intelligence officials signed a letter supporting the Biden campaign. In the letter, the signatories said, “If we are right, this is Russia trying to influence how Americans vote in this election, and we strongly believe that Americans need to be aware of this.” The letter gave additional justification for Facebook and Twitter to keep the story off their platforms.
Two weeks later, America voted. Four days after the general election, the AP called the race for Biden.
Almost 11 months later, Politico found evidence that some of the purported Hunter Biden laptop material was genuine after all, including “two emails at the center of last October’s controversy.” On May 16, 2023, the Times conceded in a shocker: “Three years later, no concrete evidence has emerged to confirm the assertion that the laptop contained Russian disinformation and portions of its contents have been verified as authentic.” This meant that the letter signed by 50 apolitical intelligence officials – a fact that Biden touted at a presidential debate to ridicule Trump – was nonsense.
The Hunter Biden story exemplifies what happens when central teams at the social media platforms block a story’s distribution to prevent “disinformation.”
Thanks to Elon Musk, Americans now know what a vibrant social media platform can do to citizen debate. All views are now permitted on X, formally Twitter, without prejudice or bias. Musk’s definition of free speech is to allow someone we don’t like to say something we don’t like, as long as what is said is legal.
Suppose Facebook and Twitter had allowed the New York Post story to spread three weeks before the election? Numerous media outlets would have investigated the story to discover if the “October surprise” was genuine. Even if the facts were not dispositive, sufficient numbers of voters may have developed doubts not to cast a vote for Biden. “Just 44,000 votes in Georgia, Arizona, and Wisconsin separated Biden and Trump from a tie in the Electoral College,” NPR reported. We calculated the 44,000 votes to be about a margin of 0.6% in each of these states – a small enough sample that could have swung the election.
It is not a stretch to say that Facebook and Twitter placed a thumb on the scale and probably tilted the 2020 election to Biden. Their disinformation effort, meant to protect democracy, had the opposite effect—wilfully withholding relevant information from voters that may have influenced their choice.
The remedy for wrong speech is not censorship or controlling disinformation but more right speech – a concept Musk has implemented through “Community Notes,” when the original post stays and experts who disagree with the author provide information that users can see for themselves.
We fail to understand why the Left does not embrace this simple and elegant solution.
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1. Biden Warns Netanyahu Against ‘Mistake’ Of Invading Rafah: White House – Al Jazeera
The U.S. has issued its strongest public warning yet to Israel against invading the crowded city of Rafah in the Gaza Strip, saying that such a ground operation would deepen the humanitarian crisis in the besieged enclave.
U.S. National Security Adviser Jake Sullivan told reporters that, while President Joe Biden remains committed to the goal of defeating Hamas, he communicated to Israeli Prime Minister Benjamin Netanyahu that a major assault on Rafah would be a “mistake.”
2. Israel Conducts Deep Incursion Into Gaza, Targets Al-Shifa Hospital – tippinsights
Israel’s military made its deepest incursion into Gaza City in about two weeks, saying its troops were undertaking a “precise operation” targeting the Al-Shifa hospital.
The Israel Defense Forces (IDF) said senior Hamas terrorists have regrouped inside the hospital and are using it to launch attacks. Al-Shifa Hospital was Gaza’s main medical facility before the conflict, but its operations have been severely disrupted after months of fighting, according to the BBC.
3. Gaza World’s Biggest ‘Open-Air Graveyard’: EU Foreign Policy Chief – Al Arabiya
“Gaza was before the war the greatest open-air prison. Today, it’s the greatest open-air graveyard,” EU foreign policy chief Josep Borrell said at a meeting of EU ministers in Brussels.
“It’s a graveyard for tens of thousands of people and also a graveyard for many of the most important principles of humanitarian law.” Borrell also reiterated his accusation that Israel was using famine as a “weapon of war” by not allowing aid trucks into Gaza.
4. White House Confirms Israel’s Targeted Strike Kills Hamas Leader Marwan Issa – AFP
Israel killed the Hamas militant group’s third-in-command last week, the White House said, after Israel previously said he had been targeted in a Gaza airstrike but did not confirm his death.
“Hamas’s number three Marwan Issa was killed in an Israeli operation last week,” National Security Advisor Jake Sullivan said as he gave a readout of a call between President Joe Biden and Prime Minister Benjamin Netanyahu.
“The rest of the top leaders are in hiding, likely deep in the Hamas tunnel network, and justice will come for them too,” he added.
5. Israel Asks ICJ Not To Order It To Step Up Aid To Gaza To Address Looming Famine – Reuters
Israel has asked the International Court of Justice (ICJ) not to issue emergency orders for it to step up humanitarian aid to Gaza to address a looming famine, dismissing South Africa’s request to do so as “morally repugnant.”
In a legal filing to the United Nations’ top court, Israel said it “has real concern for the humanitarian situation and innocent lives, as demonstrated by the actions it has and is taking” in Gaza during the war.
6. Gaza’s Catastrophic Food Shortage Means Mass Death Is Imminent, Monitor Says – Reuters
The Integrated Food-Security Phase Classification (IPC), whose assessments are relied on by U.N. agencies, said 70% of people in parts of northern Gaza were suffering the most severe level of food shortage, more than triple the 20% threshold to be considered famine.
The IPC estimated residents would be dying at famine scale imminently, defined as two people out of every 10,000 dying daily from starvation or from malnutrition and disease.
7. Turkey’s Erdogan Congratulates Putin On Re-Election, Offers To Mediate With Ukraine – AFP
Earlier, too, Turkey’s President Recep Tayyip Erdogan offered his services as a mediator in the war as he seeks to maintain friendly relations with both Putin and Ukrainian President Volodymyr Zelensky.
Erdogan welcomed Zelensky to Istanbul at the beginning of this month, while Putin was due to visit Turkey in February before he called off the trip.
8. Russian Watchdog Says Presidential Election Was ‘Far Short Of Constitutional Standards’ – UPI
Russia’s recent election, which saw President Vladimir Putin secure another six-year term, is being condemned as unfair and fraudulent, according to the Russian election watchdog, the Golos Movement.
The group’s violation map lists Moscow and St. Petersburg as the two top locations for reported violations. The organization was established in 2000 to protect citizens’ rights and election integrity.
9. Europe Urged To Fortify Defense Capabilities, Adopt ‘War Economy’ Amid Russia Threat – Reuters
In an op-ed published in European newspapers, European Council President Charles Michel said Europe needed to take responsibility for its own security and not rely heavily on the support of countries such as the U.S.
EU countries approved an agreement to increase their support for Ukraine’s armed forces by 5 billion euros ($5.4 billion), as Congress is holding up a $60 billion U.S. aid package for Ukraine.
10. China Vows To Pull Out All The Stops For EV Supply Chain Buildup – Nikkei Asia
The Chinese government plans to use all available policy resources to create a made-in-China electric vehicle supply chain, pressing three state-owned automakers to spend more on research and development.
Business executives and senior government officials involved in EV policy announced plans to support the industry’s growth at the annual China EV 100 Forum held in Beijing over the weekend. The penetration of new energy vehicles in China could exceed 50% within the next three months, according to BYD Chairman Wang Chuanfu.
11. Evergrande: China Property Giant And Its Founder Accused Of $78bn Fraud – BBC
Struggling Chinese property giant Evergrande and its founder, Hui Ka Yan, have been accused of inflating revenues by $78bn (£61.6bn) in the two years before the firm defaulted on its debt.
The country’s financial markets regulator has fined the company’s mainland business, Hengda Real Estate, $583.5m. Mr. Hui also faces being banned for life from China’s financial markets. In January, a Hong Kong court ordered Evergrande to liquidate.
12. UK Relaxes Rules For Hong Kong Migrants Ahead Of New Security Law – RFA
As Hong Kong authorities prepare to pass a second national security law, the British government has relaxed some immigration rules for people from the city seeking to emigrate to the United Kingdom amid a crackdown on dissent.
The Safeguarding National Security bill, currently before the Legislative Council, includes sentences of up to life imprisonment for treason, insurrection, sabotage, and mutiny and 20 years for espionage.
An immigration consultant reports a surge in interest in emigration to the UK since the law’s launch.
13. Barack Obama Drops In For A Cuppa With UK PM Rishi Sunak – Politico
The former president’s appearance took Westminster by surprise.
Downing Street later said that the pair spoke for around an hour over cups of tea. They discussed a range of subjects including Artificial Intelligence.
14. Russian Arms Deal Is Helping North Korean Economy, Seoul Says – UPI
North Korea’s sanctions-hit economy is showing signs of improvement thanks to an arms deal with Russia that is bringing back food and raw materials in exchange, South Korean Defense Minister Shin Won-sik said.
North Korea has shipped around 7,000 containers of munitions to Russia since July for use in Moscow’s invasion of Ukraine, Shin said, updating a figure of 6,700 he had given reporters in late February.
15. ‘Only God Can Change This Place’: Haitians See No End To Spiraling Violence – BBC
UNICEF’s executive director, Catherine Russell, has called the situation in Haiti “horrific” and likened the lawlessness to the post-apocalyptic film Mad Max.
The latest violence in Port-au-Prince is a reminder, if any were needed, that Haiti remains closer to anarchy than stability. In that malaise, the UN has also estimated that because of the closure of so many hospitals in the capital, some 3,000 pregnant women were at risk of having to give birth with no maternity care.
16. Hundreds Of Cubans Protest Lack Of Food, Reliable Electricity – UPI
In a rare public demonstration in Cuba, protesters in Santiago turned out Sunday to complain about the lack of food and electricity in daily life. It was one of several demonstrations across the island.
Cuba continues to struggle with an economic crisis that has caused power and food shortages, which its government blames on the ongoing U.S. embargo, the Miami Herald, BBC, and NBC News reported. Western economists, however, blame mismanagement by Cuba’s communist government and the COVID-19 pandemic for the crisis.
17. Apple In Talks To Bring Google’s Gemini AI To iPhone, Says Report – AFP
Bloomberg reported that Apple is in advanced negotiations with Google to adopt its powerful Gemini AI models for the iPhone.
If confirmed and resulting in a deal, the move would answer one of the big questions about the iPhone maker’s AI strategy, which has been criticized as lagging behind its tech giant rivals.
Apple and Google are already locked in a search engine partnership. Google pays Apple tens of billions of dollars every year to give the search engine a prominent place on the iPhone.
18. ‘Liver Fluke’ Parasite Spreading Quickly, Infection Puts Dogs At Risk Across U.S. – WION
The emergence of a deadly virus in the Colorado River in southern California has sparked significant concern among researchers and pet owners.
According to a report by the New York Post, the virus in question is Heterobilharzia americana, colloquially known as a liver fluke. While previously documented in regions like Texas, its presence in California signifies a troubling westward expansion, posing a dire threat to animal health and environmental stability.
This parasite is typically contracted when dogs come into contact with freshwater habitats inhabited by infected snails, a common occurrence during activities such as swimming or wading.
Republished with permission from TIPP Insights
