Mark Zuckerberg made several newsworthy choices this week. One — to as an example of content that Facebook should keep up because “there are different things that different people get wrong” and “it’s hard to impugn [their] intent” — was ill-advised.
But another — to keep Facebook from diving deeper into the business of censorship — was the right call. On Wednesday, Facebook announced a to remove misinformation that contributes to violence, following criticism that content published on the platform has led to attacks against minorities overseas. When pushed to go further and censor all offensive speech, .
While many commentators are focusing legitimate criticism on about Holocaust denial, others are calling for Facebook to adopt a more aggressive takedown policy. What's at stake here is the ability of one platform that serves as a forum for the speech of billions of people to use its enormous power to censor speech on the basis of its own determinations of what is true, what is hateful, and what is offensive.
Given Facebook’s nearly unparalleled status as a forum for political speech and debate, it should not take down anything but unlawful speech, like incitement to violence. Otherwise, in attempting to apply more amorphous concepts not already defined in law, Facebook will often get it wrong. Given the enormous amount of speech uploaded every day to Facebook’s platform, attempting to filter out “bad” speech is a nearly impossible task. The to try to deal with the volume is only likely to exacerbate the problem.
If Facebook gives itself broader censorship powers, it will inevitably take down important speech and silence already marginalized voices. We’ve seen this before. Last year, when activists of color and white people posted the exact same content, Facebook moderators . When Black women posted screenshots and descriptions of racist abuse, Facebook moderators or . And when people used Facebook as a tool to document their , Facebook chose to shut down their livestreams. The ACLU’s own Facebook post about censorship of a public statue was also by Facebook.
Facebook has shown us that it does a bad job of moderating “hateful” or “offensive” posts, even when its intentions are good. Facebook will do no better at serving as the arbiter of truth versus misinformation, and we should remain wary of its power to deprioritize certain posts or to moderate content in other ways that fall short of censorship.
There is no question that giving the government the power to separate truth from fiction and to censor speech on that basis would be dangerous. If you need confirmation, look no further than President Trump’s preposterous of the term “fake news.” A private company may not do much better, even if it’s not technically bound by the First Amendment to refrain from censorship.
As odious as certain viewpoints are, Facebook is right to resist calls for further outright censorship. When it comes to gatekeepers of the modern-day public square, we should hope for commitment to free speech principles.
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Press ReleaseDec 2024
Free Speech
National Security
ACLU and Partners Urge Supreme Court to Block TikTok BanACLU and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON — Today, the American Civil Liberties Union, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok’s challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will “shutter one of America’s most popular speech platforms the day before a presidential inauguration.” “The Constitution imposes an extraordinarily high bar on this kind of mass censorship,”said Patrick Toomey, deputy director of ACLU’s National Security Project. “The Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.” The brief argues that the D.C. Circuit failed to fully address the law’s profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court’s decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users’ First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government’s ban on TikTok as a vindication of users’ First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign “propaganda.” But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its “motivating ideology” or “perspective,” and the government has not come close to meeting that bar here. “The government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,” said David Greene, civil liberties director at EFF. “The Supreme Court should put the TikTok ban on hold while it considers the DC Circuit’s erroneous ruling.” Finally, the brief underscores that the government can’t impose this type of sweeping ban unless it’s necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government’s invocation of “national security” as a trump card and failed to hold the government to its burden. “Restricting citizens’ access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,” said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. “It would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.” You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
MississippiJul 2024
Free Speech
Privacy & Technology
NetChoice v. FitchNetChoice v. Fitch
Whether a law that mandates age verification for all users of social media services violates the First Amendment. -
News & CommentaryDec 2024
Free Speech
Can you define pornography? Neither can the government.Can you define pornography? Neither can the government.
We break down the absurd-but-true history of trying to censor sexual speech under the guise of "keeping kids safe." -
Minnesota Supreme CourtNov 2024
Free Speech
Energy Transfer LP v. Greenpeace International, Unicorn RiotEnergy Transfer LP v. Greenpeace International, Unicorn Riot
This case in the Minnesota Supreme Court asks whether the MFFIA's protections apply to newsgatherers even if they are alleged to have engaged in trespassing while newsgathering. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Minnesota and law firm Biersdorf & Associations, filed a brief representing Unicorn Riot, a media organization that covered protests of the Dakota Access Pipeline. The brief argues that MFFIA and constitutional reporter’s privileges, under both the U.S. and Minnesota constitutions, protect Unicorn Riot from having to comply with Energy Transfer’s subpoenas.