Cadet Peter Chew
Professor Dupal
ERH-102-02
November 3, 2022
- Are tech giants obligated to promote freedom of speech? Are they exempt because they are private companies?
During my 2022 fall semester at The Virginia Military Institute, I was invited to a Leadership and Ethics event by “VMI Building BRIDGES Club”, where I and other Cadets engaged in civil debate steered by a discussion moderator. The topic of discussion was “Is Social Media a Threat to Democracy”. Whilst there I presented the point that social media was an evolution of speech, a natural development of freedom of speech that originated in technological progress, i.e. the invention of the internet, and the media revolution, Western Society has in a way moved from the traditional view of using the public Townsquare as the mainstream platform of expression, migrating to the apparatus of social media — it simply evolved with technology. There were many good viewpoints and opinions presented by others on the topic, among the fourteen or so members present, there was a consensus that social media does in a way present a threat to democracy, but in theory so does any form of speech, regardless of where it is delivered, the reasoning being that the freedom of expression and speech is what allows movements to gain attention and grow, it is the essential machine of any society with a government, it is what allows the people to express their resentment or approval.
Means of expression is the ultimate tool of a citizen, it is what allowed Regimes to grow unstable and collapse, what elected democratic and prosperous leaders, However, it has also allowed for those with ill-intent, the authoritarians to gain power, the rise of Hitler and Mussolini is a direct link to their usage of their own freedom of speech and expression to grow a cult following and slowly but eventually becoming rulers of their masses. The infamous Joseph Goebbels and his usage of rhetorical speeches and what was one of the first things they did as soon as such men gain power? At once oppressive regimes censored the printing press and restricted the freedom of speech and expression, censorship was rampant all who defied were subjected to punishment by the State regime, and the government became the regulator of freethinkers., (BBC News). This is ultimately what the 1st amendment attempts to quell, the government cannot interfere with the opinions of its citizens, free thinks, and their rights. However, when that platform, which was once a public physical entity, has moved to a virtual platform run and headed by legal control of private enterprise and their policies, which do not entirely adhere to the first amendment, some may see this as a problem, especially when concerning the aspect of censorship..
Social Media is a powerful tool of speech and expression, and if calls for illegal activity are advocated for — there are and should continue to be legal repercussions. The highest peak of such contention occurred during the election results of the 2020 presidential run. The infamous day that is deemed by the mainstream media as an attack upon the very own democratic institutions of The United States of America that day being January 6th, 2021. The lackluster and polarized administration of the Presidency of Donald Trump, the 45th President of the United States, created a big divide and political instability within the country. Leading up to a crucial election both sides of the aisle were on the edge of their seats. Furthermore, the flow of political dogmatism on social media apps such as Twitter, Instagram, Facebook, and many more, was unprecedented compared to the previous election of 2016. The hyper-connectivity offered by the internet and social media allowed for groups to mobilize upon the Capitol Building openly communicating to storm democratic institutions.
The spread of “Fake News” and misinformation conflicting with factual evidence allowed for a quick stream of chaos to occur that day. Confused, frustrated supporters of the former President, unleashed unsubstantiated resentment upon the Capitol. As previously stated, democracy is a system of caution. From the smallest minority opinion to the majority, enough can transform the path of a nation. This was apparent during the January 6th election results, the question of democracy itself was undermined and questioned by its citizenry. The call for violence and re-counts of already declared votes were a sign of loss of confidence in the electoral integrity and of the democratic process itself. With all the occurrences, the nation was unsure of the future outcome of such an event. The structure itself of democracy was questioned.
The New York Times reported on this issue, reporter Sheera Frenkel stated: “On social media sites used by far-right, such as Gab and Parler directions on which streets to take to avoid the police and which tools to bring to help pry open doors were exchanged in comments.”( Sheera Frenkel, New York Times), usage of social media for purpose of assembly and protest should be allowed, however when it encourages calls for violence and attacks upon the democratic institution, at that point, it no longer becomes an act of freedom of speech but calls for political terrorism. Furthermore: “Calls for violence against members of Congress and for pro-Trump movements to retake the capitol”… “been circulating online for months”… “movements like Qanon and the Proud Boys”,… “openly organized on social media networks and recruited others to their cause.”, (Sheera Frenkel, New York Times). The question of whether private companies were obligated to control such speech and calls for riots, is a difficult question to answer, as the premise of this essay is to support the idea of applying the standards of the 1st amendment to U.S. Social Media Companies. Social media essentially is a polarized medium of information, algorithms detect the user’s behavior, interests, and activity and use this analytical data to specifically tailor receipts of information instituted by the private corporation, with today’s laws such companies have the right to censor users. Ultimately the question is should such people as CEOs and Twitter employees have the right to censor others’ speech?
The question of censorship is not a universal issue, but a localized one — It is dependent on the particulars of a nation and its transparency of ethics and morals, of how it reflects on their governmental institutions. For instance, the mainstream notion of freedom of speech, the want to have the right to speak freely is a phenomenon that was truly realized in America with the U.S. Constitution, where it was brought upon the Western hemisphere and demonstrated that it could be done, ever since the founding, the growing influence of American values and liberalism, that is further helped by the mere fact that most of these Tech Giants are either founded or have Headquarters within the territorial boundaries of the U.S. have spread with Globalization and cultural exchange of technology to virtually every corner of the globe. With this spread, people from other countries around the world, have developed a sense of liberal values, usually among the intelligentsia population. With this sophisticated group, the push for values of freedom of speech, habeas corpus, and human rights activism has ever been so greater, especially with the integration of social media. Within the United States, social media unquestionably plays a crucial role in political affairs. The George Floyd Protests that occur because of what is perceived as police brutality was the creation of an unprecedented political movement of activism, and justful protests, along with riots and violent behavior among some crowds. This became even more futile when the trial of the police officer was ongoing, such frustration among the disposed population expressed their emotions on the streets of major metropolitan areas across America, similar to how January 6th was an emotionally charged event worsened by activity on social media.
On the most basic level, democracy may sound simple in objectivity. It is a system of government where power is exercised by the people. However, like all things it is more complicated than that. The advent of liberalism and the promotion of civil liberties such as freedom of speech has made democracy an outstanding achievement of Western Civilization, despite its fragility. As America and the rest of the world have seen in the past decade, social media continues to play an ever-increasing role of importance in the matters of political stability of a nation, and the power to give private companies that legal right to regulate what sort of speech is prohibited or allowed on their social media platform should be an infringement on the 1st amendment. Regardless, an attempt to censor “fake news” is an attack on freedom of speech, “Once established to crush fake news, the Facebook mechanism could be repurposed to crush other types of information that might cause moral panic. This cure for fake news is worse than the disease.”, (Retrieved from Post-Fact, Post-Truth Society? – The Cure for Fake News…, Jack Shafer, 443).
However, the issue remains big tech is not required by law to conform to the freedom of speech clause. The first amendment, which is part of the Bill of Rights adopted in 1791, is embedded into the U.S. Constitution and protects five freedoms granted to a U.S. Citizen: freedom of religion, freedom of the press, freedom of speech, freedom of assembly, and freedom of petition – It is a protection against the powers of public government and not private enterprise. The first amendment rightfully claims the following: “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.” (National Archives). It could be re-adjusted so it applied to the private sector by voting on ratification or adjustment to the amendment, furthermore, this would but the government and institutional law essentially in control of the Private Sector, which ultimately is a bad thing and defeats the purpose of the 1st amendment. It is in the best interest for social media to filter content, specifically those that do not fall under the guidelines of the 1st amendment, such as calls for violence, harassment, illegal content, and so on. There is nothing wrong with having a clean polished platform, while still allowing for degrees of freedom of speech, the question is what is the possible solution for private companies, how should they monitor content, and what other means are there of enforcing civility without censorship?
While analyzing for a solution to this issue, I stumbled upon a possible solution presented by Clinical psychologist Dr. Jordan B, Peterson, who purposed the idea that – The people who are dominating the online comment sections, specifically those who post anonymously, that is without any real form of identification, under a fake alias, tend to dominate the political discourse. In some sense, this is what Peterson calls a new form of pollution, that is also “corporate-sponsored” – pollution of the domain of public discourse. This pollution occurs; because social media companies are enabling this or fail to control those who are known in popular parlance as trolls. Such individuals are not good for discourse, they seek to toxic and disrupt the domain, under the guidelines of free speech, essentially, they are abusing a right by acting disruptive and contributing nothing of value. What should be done, especially with the new adminstratice change of Twitter which came about with Elon Musk’s recent acquisition of Twitter, Inc. Such social media platforms that have millions of active users should be required ti implement “Know your customer laws”, this helps the people who are posting who are genuine verified persons, who are willing to abide by the rules, with their personal reputation on the line, should be put in a sperate more valued comment section. Whilst “online anonymous users or trolls” should be placed in a different comment section, this way would help mitigate such pollution ton public discourse, while still giving both sides the right to freedom of speech without directing censoring users (Rigolizzo, John. “Dr. Jordan B. Peterson: The Daily Wire”).
Freedom of speech will always be a threat to the stability of democracy but that is simply the order of nature. Ultimately what matters is — should private companies have the right to institute policies that control, censor, and directs their users to engage in. That being that people will also have the right to simply not use the such platform and move to another one, but that is where it becomes an issue, for platforms such as Twitter, Instagram and Facebook that is where the most users are — where one’s voice can have the highest reach, a restriction of that should be unconstitutional. However, it is not due to it being performed by a private company, if I had to suggest a solution to this issue, it would not be the idea to extend the application of the 1st amendment to private companies. This should be the last option and only when the situation is truly dire and other solutions failed, and if applied it should be strictly enforced to specifically companies defined as social media platforms, where if they reside and are registered as a U.S. company they must adhere to the constitutional law. And similar laws already exist such as the “Civil Rights Act of 1964” which prohibits discrimination based on race, color, religion, sex, and national origin — applies not only to government agencies but the private sector itself. Because social media plays such a prominent role in everyday life, for some it is their main source of information, and communication regarding the status of the world and society, it may sway public opinion along with the harmful effects of misinformation and it can cause a wave of violence. (US EEOC, Civil Rights Act of 1964). Out of the options presented, the solution by Dr. Jordan B. Peterson seemed to be the most neutral and least complicated one. It still grants private companies’ autonomy without legal enforcement and is the least limiting option in terms of censorship, it also provides social media complaints the moral and ethical reasons to obligate themselves to provide a more professional, less polluted medium for public discourse, where all who follow, policy and guidelines similar that simply prohibit illegal activity should be allowed to exercise their right to freedom of speech and expression online.
Works Cited:
“Control through Propaganda and Censorship – Nazi Control of Germany – National 5 History Revision – BBC Bitesize.” BBC News, BBC, https://www.bbc.co.uk/bitesize/guides/zn8sgk7/revision/3.
Ramage, John D., et al. Writing Arguments: A Rhetoric with Readings. Pearson, 2019.
Rigolizzo, John. “Dr. Jordan B. Peterson: Social Media Is Part of ‘Pollution of the Domain of Public Discourse’.” The Daily Wire, The Daily Wire, 12 Nov. 2022, www.dailywire.com/news/dr-jordan-b-peterson-social-media-is-part-of-pollution-of-the-domain-of-public-discourse.
Frenkel, Sheera. “The Storming of Capitol Hill Was Organized on Social Media.” The New York Times, The New York Times, 6 Jan. 2021, www.nytimes.com/2021/01/06/us/politics/protesters-storm-capitol-hill-building.html.
Stjernfelt, Frederik, and Anne Mette Lauritzen. “Your Post Has Been Removed : Tech Giants and Freedom of Speech.” OAPEN Home, Springer Nature, 1 Apr. 2020, https://library.oapen.org/handle/20.500.12657/22854.
Shafer, Jack, et al. “The Cure for Fake News Is Worse than the Disease.” POLITICO Magazine, 22 Nov. 2016, www.politico.com/magazine/story/2016/11/the-cure-for-fake-news-is-worse-than-the-disease-214477/.
–, Ramage, John D., et al. Writing Arguments: A Rhetoric with Readings. Pearson, 2019. Published in Post-fact, Post-Truth Society? – Jack Shafer, “The Cure for Fake News is Worse Than the Disease; Stop being Trump’s Twitter Fool. Page, 442.
“The Bill of Rights: A Transcription.” National Archives and Records Administration, National Archives and Records Administration, www.archives.gov/founding-docs/bill-of-rights-transcript.
“The Limits of Free Speech in Social Media.” The Limits of Free Speech in Social Media | Accessible Law, 26 Apr. 2021, accessiblelaw.untdallas.edu/limits-free-speech-social-media.