SCOTUS Punts On Constitutionality Of State Laws Constraining Big Tech Censorship
'So we vacate the decisions below and remand these cases,' Justice Elena Kagan wrote.
Former CNN host Don Lemon sparred with owner of the X platform and entrepreneur Elon Musk over alleged hate speech on the app, which Lemon said is need of content moderation.
Lemon launched a talk show across most social media platforms after being fired from CNN in 2023. The first episode of "The Don Lemon Show" featured and interview with Musk inside a Tesla manufacturing plant.
After discussing Tesla and pressing Musk on who he will support in the 2024 presidential election, Lemon began a lengthy segment endorsing the idea that X is in desperate need of content moderation.
"These are just a handful of extremely ... anti-Semitic and racist tropes and tweets, and as of this morning they're still on X," Lemon said, while showing Musk printouts of offensive memes of varying degrees.
"We delete things if they are illegal," Musk replied.
"But these have been up there for a while," Lemon came back.
"Are they illegal?" Musk asked.
"They're not illegal, but they're hateful and they can lead to violence," Lemon decried, showcasing the crux of most of the former network anchor's argument. Lemon then cited studies purporting to show an increase in "hate speech" on X — which Musk refuted — and argued with the billionaire at length as to why the platform should have stricter controls on speech.
Musk took Lemon's remarks as an advocacy for censorship.
"So, Don, you love censorship is what you're saying," Musk asserted.
"No, I don't love censorship. I believe in moderation, but I don't believe in censorship," Lemon stated.
"Moderation is a propaganda word for censorship. ... If something's illegal we're going to take it down, if it's not illegal, then we're putting our thumb on the scale and we're being censors," the SpaceX operator explained.
Don Lemon wasn't interviewing Elon Musk; he was just promoting the mainstream media propaganda.\n\n\ud83d\udcf9 youtube/thedonlemonshow— (@)
Lemon attempted to connect online "hate speech" to mass shooters across the world and the "great replacement theory," which he called a "Jewish conspiracy." Lemon complained that conspiracy theories have perpetuated on X, again due to a lack of content moderation.
Just when it seemed the two were going to move on from the topic, Musk reiterated that Lemon was advocating for censorship outside United States laws.
"You want censorship, and I don't," Musk insisted.
"No, I don't want censorship; I want responsibility," Lemon attempted to explain.
"You desperately want censorship," Musk retorted. "You want censorship so bad you can taste it. ... We have a responsibility to adhere to the law, and if people want the law changed, they should talk their elected representative and get the law changed, and then we will adhere to the law."
"You want censorship and I don't," @elonmusk tells @donlemon over and over he doesn't want censorship and believes in free speech in accordance with the law -\n\nLemon continuously rewords it as 'moderation':— (@)
Lemon's new show was originally supposed to be an X-backed show, as part of a new lineup that included sports host Jim Rome and former Democratic Rep. Tulsi Gabbard (Hawaii).
However, Lemon reported that their deal had been squashed by Musk just hours after their sit-down was recorded.
Soon thereafter, it was reported that Lemon had made incredible requests as part of his contract, which included a podcast in outer space via SpaceX, a Tesla Cybertruck, a $5 million advance on an $8 million salary, and equity in the X platform.
Agent Jay Sures from the United Talent Agency told the New York Post that the allegations were "absolute, complete utter nonsense without an iota of truth to it."
X declined to comment on the details of the partnership.
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Elon Musk, who has acquired Twitter, announced that the social media platform will establish "a content moderation council" and there will not be "major content decisions or account reinstatements" prior to when that panel convenes.
"Twitter will be forming a content moderation council with widely diverse viewpoints. No major content decisions or account reinstatements will happen before that council convenes," Musk tweeted.
"Anyone suspended for minor & dubious reasons will be freed from Twitter jail," Musk wrote in another post. "Comedy is now legal on Twitter," Musk also tweeted.
\u201c@MikhailaFuller @jordanbpeterson Anyone suspended for minor & dubious reasons will be freed from Twitter jail\u201d— Mikhaila Peterson (@Mikhaila Peterson) 1666918946
Musk, who has previously expressed a desire to turn Twitter into a place where people can engage in free speech within the confines of the law, said in a statement to Twitter advertisers on Thursday that the platform cannot turn into "a free-for-all hellscape, where anything can be said with no consequences! In addition to adhering to the laws of the land, our platform must be warm and welcoming to all, where you can choose your desired experience according to your preferences, just as you can choose, for example, to see movies or play video games ranging from all ages to mature."
Former President Donald Trump was a prominent Twitter user during his White House tenure, but the social media platform permanently suspended his account during the waning weeks of his presidency last year.
Musk has previously said that he believes banishing Trump from the platform was a "mistake."
"I don't think Twitter can be successful without me," Trump told Fox News Digital. "I am staying on Truth. I like it better, I like the way it works, I like Elon, but I'm staying on Truth," the former president said, referring to the social media platform Truth Social.
In response to Musk's announcement about the creation of "a content moderation council," Hans Mahncke, co-host of EpochTV's "Truth over News," noted that "Content moderation council sounds pretty Orwellian."
"Trump should be invited to be on this council," Jenna Ellis tweeted.
Alex Berenson, who was previously booted off Twitter but later reinstated, pushed back against the idea of content moderation on the platform. "My take: @elonmusk should accept that under California law - and the new 5th Circuit ruling - Twitter is a common carrier that must carry all legal messages/communications without restriction (child porn etc obviously would not be protected). No content moderation. The end," Berenson tweeted.
\u201cMy take: @elonmusk should accept that under California law - and the new 5th Circuit ruling - Twitter is a common carrier that must carry all legal messages/communications without restriction (child porn etc obviously would not be protected).\n\nNo content moderation. The end.\u201d— Alex Berenson (@Alex Berenson) 1666988987
YouTube has once again suspended BlazeTV host Steven Crowder's channel, issuing a second "strike" against the comedian for reportedly violating the platform's harassment and cyber bullying policies with a video on the tragic shooting death of Ma'khia Bryant by a police officer.
Crowder's April 21 show was removed from YouTube. The episode covered how 16-year-old Bryant was attacking another person with a knife before a responding police officer fatally shot her. Crowder and his co-hosts argued that the shooting was justified, making jokes about the circumstances of the shooting. According to YouTube, Crowder's commentary crossed a line that violated its Community Guidelines.
"YouTube Creators share their opinions on a wide range of different topics," the company said in a statement to Crowder's team. "However, there's a line between passionate debate and malicious harassment. Content containing targeted harassment including, but not limited to, stalking, threats, bullying, and intimidation is not allowed on YouTube."
In an email to Crowder's attorney, Bill Richmond, YouTube accused Crowder of "reveling in or mocking" Bryant's death.
"In particular, this video violated the aspect of the policy that prohibits 'content reveling in or mocking the death or serious injury of an identifiable individual.' Accordingly, the video has been removed and a strike has been applied to the Steven Crowder channel. This constitutes the second active strike on the Steven Crowder channel and, as a result, uploads are now suspended for two weeks," the company said.
Crowder's team reported that YouTube also suspended the CrowderBits channel with a hard strike.
YouTube has a three-strike policy when it comes to violations of its Community Guidelines. After an initial warning, the first strike is applied to a channel that violates YouTube's standards and results in account suspension for a minimum of one week. Account privileges will be restored at the end of the week, but the first strike will remain on a user's channel for a 90-day period.
If a channel violates YouTube's guidelines again during those 90 days, it will receive a second strike and be suspended for two weeks. Each strike will not expire until 90 days from the time it was issued.
Three strikes and you're out. If a third strike is applied to a channel within the same 90-day period, that channel will be permanently removed from YouTube.
In response, Crowder accused YouTube of having a double standard on harassment and cyber bullying.
"Why no live show today, you ask? Ah. Well YouTube hit our channel with a second hard strike, saying we violated their harassment guidelines," Crowder tweeted Wednesday. "Which is interesting when you consider all the harassment YouTube allows if it comes from the left ..."
Why no live show today, you ask? Ah. Well YouTube hit our channel with a second hard strike, saying we violated the… https://t.co/dmMsJRJp57
— Steven Crowder (@scrowder) 1620830256.0
TheBlaze reached out to YouTube for clarification on what specific comments in Crowder's video violated the rules. This story will be updated if YouTube responds.