Category Archives: cheap speech

“As Meta flees politics, campaigns rely on new tricks to reach voters”

WaPo:

After years of pitching its suite of social media apps as the lifeblood of campaigns,Meta is breaking up with politics. The company has decreased the visibility of politics-focused posts and accounts on Facebook and Instagram as well as imposed new rules on political advertisers, kneecapping the targeting system long used by politicians to reach potential voters.

Waves of layoffs have eviscerated the team responsible for coordinating with politicians and campaigns,according to people familiar with the matter who spoke on the condition of anonymity to discuss private personnel matters. This includes foreign-based workers and U.S. employees who promoted the company’s products to politicians and fielded questions from campaigns about their services.

An advertising sales team, which once embedded with the Trump team during the 2016 election campaign, is now responsible for many of their previous responsibilities, the people said.

Meta’s shift away from current events is forcing campaigns to upend their digital outreach in a move that could transform the 2024 election.Comparing March 2020 to March 2024, both the Biden and Trump campaigns saw 60 percent declinesin their average engagement per Facebook post, a Washington Post review found, with double-digit declines on Instagram.

The Trump team has cast Meta’s moves as an effort to tip the scales in favor of Biden. The Biden campaign, meanwhile, had already begun to shift its online focus, rolling out a cadre of influencers and volunteers to spread their messages across private spaces on social networks….

Meanwhile, political campaigns are adjusting to this new reality. Biden appears to be countering the trend by posting more frequently on social media accounts — including from official White House pages — to drive engagement. Biden-linked Facebook posts increased from about 300 in March 2020 to more than 600 in March 2024, while Trump’s posts dropped from more than 1,000 in March 2020 to about 200 in March 2024, the Post analysis found.

While Trump dramatically increased posts to his own social network, Truth Social, he has refrained from publishing frequently on Twitter, Facebook or YouTube. Top Trump campaign adviser Chris LaCivita likened Meta’s push away from politics to a form of shadow banning, when tech companies allow users to post but secretly depress who sees the content.

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“Content creators ask Meta to reverse politics limits on Instagram, Threads”

Taylor Lorenz for WaPo:

Hundreds of political and news content creators, along with activists, meme account administrators and journalists, have signed an open letter to Meta asking the company to reverse its decision to limit the reach of accounts posting “political content” on Threads and Instagram.

Meta announced in February that it no longer would recommend content about politics and social issues on the two social media platforms, which have tens of millions of users in the United States.

The decision has alarmed users who post about social issues, including LGBTQ rights, women’s rights, racial inequality and disability. And independent journalists and content creators say they’ve struggled to reach their audiences in recent weeks since the change was rolled out. The limits, they say, have significantly affected creators who are Black, female, disabled and LGBTQ.

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My New One at Slate: “2016 Election Fraudster ‘Ricky Vaughn’ Might Finally Be About to Face the Music”

I have written this piece for Slate. it begins:


On Friday, a federal appeals court in New York will consider a case with key implications for the 2024 election. At issue is whether it violates federal law to trick people on social media and elsewhere about when, where, or how to vote, and whether such a law is consistent with the First Amendment. A ruling favoring the government would go a long way toward protecting voters.

Back in 2016, a man named Douglass Mackey, tweeting under the name “Ricky Vaughn,” repeatedly directed messages to Black voters encouraging them to vote by text for Hillary Clinton. The intent was to trick these voters out of their franchise; of course, votes sent by text don’t count. Thousands sent texts to vote. We don’t know how many of them later did not attempt to vote in a permissible way.

Mackey was convicted by a jury of violating a Reconstruction-era law, 18 U.S.C. § 241, that made it a crime for “two or more persons [to] conspire to injure, oppress, threaten, or intimidate any person … in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.” The federal government’s theory was that Mackey conspired with others to deprive voters of their right to vote.

On expedited appeal before the U.S. Court of Appeals for the 2nd Circuit, Mackey concedes that, “at worst,” his tweets containing false information about how to vote “were calculated to cause voters to send futile text messages and then stay home on election day.” But, he argues, Section 241 does not apply to conduct such as his, he was not on fair notice that Section 241 applied to conduct like his, and even if it covered this conduct, Section 241 would apply to so much protected speech that it would violate the First Amendment’s protection for freedom of speech.

In an amicus brief supporting the federal government, Protect Democracy, the Yale Media Freedom and Information Access Clinic, and I take issue with Mackey’s first and third arguments….

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“China’s Advancing Efforts to Influence the U.S. Election Raise Alarms”

NYT:

Covert Chinese accounts are masquerading online as American supporters of former President Donald J. Trump, promoting conspiracy theories, stoking domestic divisions and attacking President Biden ahead of the election in November, according to researchers and government officials.

The accounts signal a potential tactical shift in how Beijing aims to influence American politics, with more of a willingness to target specific candidates and parties, including Mr. Biden.

In an echo of Russia’s influence campaign before the 2016 election, China appears to be trying to harness partisan divisions to undermine the Biden administration’s policies, despite recent efforts by the two countries to lower the temperature in their relations.

Some of the Chinese accounts impersonate fervent Trump fans, including one on X that purported to be “a father, husband and son” who was “MAGA all the way!!” The accounts mocked Mr. Biden’s age and shared fake images of him in a prison jumpsuit, or claimed that Mr. Biden was a Satanist pedophile while promoting Mr. Trump’s “Make America Great Again” slogan.

“I’ve never seen anything along those lines at all before,” said Elise Thomas, a senior analyst at the Institute for Strategic Dialogue, a nonprofit research organization that uncovered a small group of the fake accounts posing as Trump supporters.

Ms. Thomas and other researchers have linked the new activity to a long-running network of accounts connected with the Chinese government known as Spamouflage. Several of the accounts they detailed previously posted pro-Beijing content in Mandarin — only to resurface in recent months under the guise of real Americans writing in English.

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“From Pizzagate to the 2020 Election: Forcing Liars to Pay or Apologize”

NYT:

Michael J. Gottlieb can never remember the exact amount — it’s $148,169,000— that a jury ordered Rudolph W. Giuliani to pay the Georgia election workers Ruby Freeman and Shaye Moss. But Ms. Freeman’s words after the December 2023 victory are indelible to him.

“Don’t waste your time being angry at those who did this to me and my daughter,” said Ms. Freeman, 65, who with her daughter Ms. Moss, 39, was falsely accused by Mr. Giuliani of aiding an imagined plot to steal the 2020 presidential election.

“We are more than conquerors.”

Less than a decade ago, the two women would have struggled to find a lawyer. But Mr. Gottlieb, a partner at the firm Willkie Farr & Gallagher and a former associate counsel in the Obama White House, represented them for free. Convinced that viral lies threaten public discourse and democracy, he is at the forefront of a small but growing cadre of lawyers deploying defamation, one of the oldest areas of the law, as a weapon against a tide of political disinformation.

Mr. Gottlieb has also represented the owner of the Washington pizzeria targeted by “Pizzagate” conspiracy theorists as well as the brother of Seth Rich, a young Democratic National Committee staff member whose 2016 murder ignited bogus theories implicating his family. In the Giuliani case, Mr. Gottlieb, his law partner Meryl Governski and other members of his team worked with Protect Democracy, a nonpartisan group that pushes for laws and policies to counter what it sees as authoritarian threats.

Before the Trump era and the explosion of social media, though, such cases were virtually nonexistent.

“The new information landscape we’re in is a little bit like the Wild West — a lawless space,” said Ian Bassin, a co-founder of Protect Democracy. Lawyers, he said, have turned to defamation, which is legally defined as any false information, either published, broadcast or spoken, that harms the reputation of a person, business or organization. “It’s one of the most effective and only strategies for dealing with these out-and-out falsehoods,” Mr. Bassin said.

In the past few years, more than a dozen high-profile defamation cases have made their way through the courts. A majority have been brought against defendants on the right, but the right brings lawsuits too, often against media organizations.

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“It Depends Who’s Doing the Jawboning”

I’ve got a new post up at Lawfare about a crucial piece missing from the discussion around Murthy v. Missouri, the SCOTUS case about jawboning the social media platforms. Plenty of the Justices had welcome real-world executive experience that came through in last Monday’s argument — but they didn’t recognize that their experiences were also different in ways that should matter. The governing philosophy and structure of different Administrations are distinct, and that context is really important in assessing the potential for coercion.

Or, if you prefer:

Happy Administrations are all alike; unhappy Administrations are each unhappy with social media platforms in their own way.

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“Fretting About Election-Year Deep Fakes, States Roll Out New Rules for A.I. Content”

NYT:

Wisconsin for the first time this year will begin requiring political advertisers to disclose the use of content generated by artificial intelligence or face financial penalties. But the battleground state, one that played a critical role in the last two elections, is not alone.

An increasing number of states have advanced A.I.-related legislation to combat attempts to mislead voters during the 2024 election, according to a new analysis by the Voting Rights Lab, a national voting rights organization.

Voting Rights Lab said it was tracking over 100 bills in 40 state legislatures, amid some high-profile cases of “deep-fake” video technology and computer-generated avatars and voices being used in political campaigns and advertisements.

One of the more glaring examples happened in New Hampshire, where a criminal investigation was opened after voters there received robocalls mimicking President Biden’s voice and urging Democrats to not vote in the state’s primary in January….

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Kari Lake, Pulling a Giuliani, Concedes Liability for Defaming Election Official Stephen Richer; Wants to Go Straight to Damages (That Didn’t Work Well for Giuliani)

Stunning yet routine:

Kari Lake is asking the court to quickly issue a judgment and to decide how much she will pay Maricopa County Recorder Stephen Richer in the defamation case he brought against her, according to a filing in Maricopa County Superior Court on Tuesday.

Richer sued Lake — who ran for governor in 2022 and is now running for U.S. Senate — for defamation last year, alleging that Lake made defamatory allegations that he had assisted in rigging the gubernatorial election against Lake. They are both Republicans.

Richer’s legal team is treating Lake’s filing, a motion for default judgment, as an admission of liability.

“She has decided she cannot defend herself in this case despite continuously saying she has evidence,” said Ben Berwick, counsel at Protect Democracy, among the firms representing Richer in the lawsuit.

Lake’s attorneys do not defend Lake’s claims about Richer in the filing, nor do they challenge any of Richer’s arguments about the facts. Instead, they ask the court for a quick hearing to decide damages.

After filing the document, Lake said in a video posted on X that Richer’s lawsuit against her was “lawfare,” and she wouldn’t be taking part in the lawsuit. It was unclear what she meant, and one of her attorneys, Jennifer Wright, told Votebeat to contact her communications team for additional comment….

Richer said in his complaint that these statements had caused harm to him and his family, including harassment that took a toll on his physical and mental health.

Lake is asking for medical records to support his damages claim, and specifics to support his allegation that her claims cost him Republican support from donors and others.

The defamation case was just about to enter the discovery phase ahead of trial, in which Lake would have been required to provide Richer’s attorneys with private statements she had made about her claims about Richer.

“Just the idea that Stephen, who is a committed public servant who has shown a real commitment to the integrity of elections in Arizona, would intentionally sabotage her election is absurd on its face,” Berwick said on Monday, before Lake’s filing. “Among other things, they are both Republicans.”

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“Deepfake Kari Lake video shows coming chaos of AI in elections”

WaPo:

Hank Stephenson has a finely tuned B.S. detector. The longtime journalist has made a living sussing out lies and political spin.

But even he was fooled at first when he watched the video of one of his home state’s most prominent congressional candidates.

There was Kari Lake, the Republican Senate hopeful from Arizona, on his phone screen, speaking words written by a software engineer. Stephenson was watching a deepfake — an artificial-intelligence-generated video produced by his news organization, Arizona Agendato underscore the dangers of AI misinformation in a pivotal election year.

“When we started doing this, I thought it was going to be so bad it wouldn’t trick anyone, but I was blown away,” Stephenson, who co-founded the site in 2021, said in an interview. “And we are unsophisticated. If we can do this, then anyone with a real budget can do a good enough job that it’ll trick you, it’ll trick me, and that is scary.”

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“How a Former Democratic Operative Is Testing the Limits of What a Newsroom Can Be”

Maggie Severns for Notus:

Thousands of North Carolinians — mostly women — were targeted with Facebook and Instagram ads shortly before the last midterm elections that shared a dire message: A little-watched race could determine whether abortion would remain legal in the state.

“Reproductive freedom in North Carolina could come down to this fall’s elections for two seats on the state Supreme Court,” said one post from a state-based news outlet called Cardinal & Pine. Republicans in the state were nearing a supermajority in the legislature, “potentially making N.C.’s high court the last bulwark for abortion rights.”

Cardinal & Pine, which promises readers “fact-based, audience-centered journalism” on its website, boasts as many Facebook followers as the longtime North Carolina newspaper, the Winston-Salem Journal. It employs several journalists and publishes stories ranging from politics to lifestyle content.

However, key facts about Cardinal & Pine and its parent company, Courier Newsroom, go undisclosed. Courier does not disclose that the newsroom is run primarily by former Democratic operatives, including its publisher and CEO, Tara McGowan. It has received funding from groups like the pro-abortion rights Planned Parenthood, which gave $250,000 to Courier Newsroom between June 2021 and June 2022, the year it was promoting content about what the election means for abortion access.

Cardinal & Pine is one of 10 websites in political battleground states run by Courier quietly testing the limits of what a newsroom can be. Courier grew out of a series of explicitly political experiments that hinged on using paid online advertising to turn out voters. It then pivoted to being a privately owned media company that bills itself as a “pro-democracy news network” serving news and lifestyle content to the left. The project has raised and spent millions of dollars since launching its first site in 2019 and has announced plans to launch an additional newsroom in Texas.

But Courier’s undisclosed funders and glowing coverage of Democratic candidates should raise questions about its reliability, said McKenzie Sadeghi, editor at NewsGuard, which publishes trustworthiness ratings for thousands of sites.

“Courier Newsroom sites do not disclose ownership and financing, they do not disclose possible conflicts of interest, nor do they gather and present information responsibility,” Sadeghi told NOTUS.

Courier does not aim to spew misinformation, former employees say. Its articles are usually written by journalists, some of whom have years of experience covering local politics. But in many cases described to NOTUS, Democratic political operatives like McGowan call the shots for Courier….

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“The disinformation war has taken a toll, but researchers feel a shift”

NBC News:

After weathering a yearslong political and legal assault, researchers who study disinformation say they see reasons to be cautiously hopeful as their efforts heat up ahead of the 2024 election. 

These researchers, along with the universities and nonprofits that they work for, have been in the crosshairs of Republicans and their allies, accused of acting as government proxies in a Biden administration plot to censor conservative speech online. Since 2021, those who worked to identify and combat disinformation around the last presidential election and Covid-19 have faced lawsuits, congressional inquiries and attacks online and in right-wing media that have threatened their reputations, careers and personal safety.

But recently, those researchers have achieved quiet but significant victories that could signal a shift in the larger war against disinformation.

On Monday, during oral arguments at the Supreme Court, most of the justices voiced some support for governments and researchers working with social media platforms on content moderation, especially related to national security, emergencies and health. After a year of sensational public hearings, a Republican-led congressional committee tasked with discrediting researchers and proving their collusion with the government and tech companies has produced little. And programs under which federal law enforcement shared information with platforms, which had been paused in response to the Republican efforts, have recently resumed

Darren Linvill, co-director of Clemson University’s Media Forensics Hub, who testified and fielded “onerous” records requests last summer as part of Republican House Judiciary Chairman Jim Jordan’s investigation into the “weaponization” of the federal government, said he was somewhat optimistic about a cooling of the ire directed at those who study online disinformation “into something that’s more reasonable.”

“I’m not overly hopeful, given the nature of our politics today,” Linvill said. “You know, hope is a trap. But I will dare to hope.”

With less than eight months until a presidential election likely to be marred by unprecedented disinformation, the loss of coordination between government, researchers and platforms over the past several years will undoubtedly be felt. The programs most targeted by recent attacks include nonpartisan partnerships between universities and research groups.

Most notably, the Election Integrity Partnership, led by the University of Washington’s Center for an Informed Public and the Stanford Internet Observatory, identified and tracked false and misleading information online in real time. In addition to publishing findings and analysis, the groups also forwarded potentially harmful disinformation to platforms for review. That partnership is no longer active.

But other work has continued, and researchers are closely watching the case that was argued before the Supreme Court this week as a potential sign that right-wing efforts have hit a limit.

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Must-read NYT Deep Dive that Helps Explain SCOTUS Argument Monday in Murthy v. Missouri: “How Trump’s Allies Are Winning the War Over Disinformation”

It’s a complex story because concern about government jawboning is real but the mendacious attack on those who fought disinformation in the 2020 election is having major reverberations for 2024. Jim Rutenberg and Steven Lee Myers lay it all out:

In the wake of the riot on Capitol Hill on Jan. 6, 2021, a groundswell built in Washington to rein in the onslaught of lies that had fueled the assault on the peaceful transfer of power.

Social media companies suspended Donald J. Trump, then the president, and many of his allies from the platforms they had used to spread misinformation about his defeat and whip up the attempt to overturn it. The Biden administration, Democrats in Congress and even some Republicans sought to do more to hold the companies accountable. Academic researchers wrestled with how to strengthen efforts to monitor false posts.

Mr. Trump and his allies embarked instead on a counteroffensive, a coordinated effort to block what they viewed as a dangerous effort to censor conservatives.

They have unquestionably prevailed.

Waged in the courts, in Congress and in the seething precincts of the internet, that effort has eviscerated attempts to shield elections from disinformation in the social media era. It tapped into — and then, critics say, twisted — the fierce debate over free speech and the government’s role in policing content.

Projects that were once bipartisan, including one started by the Trump administration, have been recast as deep-state conspiracies to rig elections. Facing legal and political blowback, the Biden administration has largely abandoned moves that might be construed as stifling political speech.

While little noticed by most Americans, the effort has helped cut a path for Mr. Trump’s attempt to recapture the presidency. Disinformation about elections is once again coursing through news feeds, aiding Mr. Trump as he fuels his comeback with falsehoods about the 2020 election.

“The censorship cartel must be dismantled and destroyed, and it must happen immediately,” he thundered at the start of his 2024 campaign.

The counteroffensive was led by former Trump aides and allies who had also pushed to overturn the 2020 election. They include Stephen Miller, the White House policy adviser; the attorneys general of Missouri and Louisiana, both Republicans; and lawmakers in Congress like Representative Jim Jordan, Republican of Ohio, who since last year has led a House subcommittee to investigate what it calls “the weaponization of government.”

Those involved draw financial support from conservative donors who have backed groups that promoted lies about voting in 2020. They have worked alongside an eclectic cast of characters, including Elon Musk, the billionaire who bought Twitter and vowed to make it a bastion of free speech, and Mike Benz, a former Trump administration official who previously produced content for a social media account that trafficked in posts about “white ethnic displacement.” (More recently, Mr. Benz originated the false assertion that Taylor Swift was a “psychological operation” asset for the Pentagon.)

Three years after Mr. Trump’s posts about rigged voting machines and stuffed ballot boxes went viral, he and his allies have achieved a stunning reversal of online fortune. Social media platforms now provide fewer checks against the intentional spread of lies about elections.

“The people that benefit from the spread of disinformation have effectively silenced many of the people that would try to call them out,” said Kate Starbird, a professor at the University of Washington whose research on disinformation made her a target of the effort.

It took aim at a patchwork of systems, started in Mr. Trump’s administration, that were intended to protect U.S. democracy from foreign interference. As those systems evolved to address domestic sources of misinformation, federal officials and private researchers began urging social media companies to do more to enforce their policies against harmful content.

That work has led to some of the most important First Amendment cases of the internet age, including one to be argued on Monday at the Supreme Court. That lawsuit, filed by the attorneys general of Missouri and Louisiana, accuses federal officials of colluding with or coercing the platforms to censor content critical of the government. The court’s decision, expected by June, could curtail the government’s latitude in monitoring content online.

The arguments strike at the heart of an unsettled question in modern American political life: 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?…

See also  “Supreme Court Case Could Be Disastrous for Detecting Election Misinformation,” a piece published yesterday by Lawrence Norden and Gowri Ramachandran of the Brennan Center and listen to Gowri on the Amicus podcast.

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