Federal Judge Rules That Trump Blocking Users On Twitter Is A Violation Of First Amendment Rights

Our ideas about freedom of speech and First Amendment rights need to evolve in this social media age. Almost a year ago I wrote about a lawsuit against Donald Trump for banning people from his Twitter feed. Usual ideas about a private Twitter account did not seem to apply in this case with Trump making frequent public proclamations on Twitter. Sean Spicer, while White House press secretary, had stated that Trump’s tweet’s should be considered official statements. A federal judge has issued a ruling that it is a violation of the First Amendment for Trump to ban people from his Twitter feed. The Hill reports:

A federal district court judge on Wednesday ruled that President Trump can’t block people from viewing his Twitter feed over their political views.

Judge Naomi Reice Buchwald, of the U.S. District Court for the Southern District of New York, said President Trump’s Twitter account is a public forum and blocking people who reply to his tweets with differing opinions constitutes viewpoint discrimination, which violates the First Amendment.

The court’s ruling is a major win for the Knight First Amendment Institute at Columbia University, which brought the lawsuit on behalf of seven people who were blocked from the @realDonaldTrump account because of opinions they expressed in reply tweets.

Buchwald, who was appointed by former President Clinton, rejected Trump’s argument that the First Amendment does not apply in this case and that the president’s personal First Amendment interests supersede those of the plaintiffs.

She suggested in her 75-page opinion that Trump could have ignored his opponents’ reply tweets.

“No First Amendment harm arises when a government’s ‘challenged conduct’ is simply to ignore the [speaker], as the Supreme Court has affirmed ‘that it is free to do,’ ” she wrote. “Stated otherwise, ‘a person’s right to speak is not infringed when government simply ignores that person while listening to others,’ or when the government ‘amplifies’ the voice of one speaker over those of others.”

Buchwald explained that blocking someone on Twitter goes further than just muting them.

“Muting preserves the muted account’s ability to reply to a tweet sent by the muting account, blocking precludes the blocked user from ‘seeing or replying to the blocking user’s tweets’ entirely,” she said…

Josh Geltzer, executive director of Georgetown Law’s Institute for Constitutional Advocacy and Protection, said the court’s ruling is a critical victory in preserving free speech in the digital age.

“The court’s thorough decision recognizes that the President’s use of @realDonaldTrump on Twitter makes it the type of public forum in which the government may not, under the First Amendment, silence its critics,” he said in a statement.

While this might help preserve free speech in the digital age, there are many other threats. While Facebook has come under intense scrutiny for its violations of the privacy of its users, I’ve considered the censorship of political views on both the left and right to be an even more serious threat to civil liberties in an era when communication on Facebook has become the digital equivalent of the old fashioned town square.

Further Evidence From Congress Shows No Evidence That Clinton Lost Election Due To Russia

While Hillary Clinton is on a world-wide bitterness tour to continue to give excuses for her loss, further evidence released from the Congressional investigations continues to show that Russia did not cause Clinton to lose. This includes both a review of the Facebook ads from the Internet Research Agency and the testimony regarding the Trump Tower meeting. Democratic attempts to blame Clinton’s loss on Russia, as opposed to Clinton’s own serious flaws and poorly run campaign, again fail to hold up.

USA Today reviewed the Russian ads which were released last week:

The roughly 3,500 Facebook ads were created by the Russian-based Internet Research Agency, which is at the center of Special Counsel Robert Mueller’s February indictment of 13 Russians and three companies seeking to influence the election.

While some ads focused on topics as banal as business promotion or Pokémon, the company consistently promoted ads designed to inflame race-related tensions. Some dealt with race directly; others dealt with issues fraught with racial and religious baggage such as ads focused on protests over policing, the debate over a wall on the U.S. border with Mexico and relationships with the Muslim community.

The company continued to hammer racial themes even after the election.

USA TODAY NETWORK reporters reviewed each of the 3,517 ads, which were released to the public this week for the first time by the House Permanent Select Committee on Intelligence. The analysis included not just the content of the ads, but also information that revealed the specific audience targeted, when the ad was posted, roughly how many views it received and how much the ad cost to post.

Among the findings:

  • Of the roughly 3,500 ads published this week, more than half — about 1,950 — made express references to race. Those accounted for 25 million ad impressions — a measure of how many times the spot was pulled from a server for transmission to a device.
  • At least 25% of the ads centered on issues involving crime and policing, often with a racial connotation. Separate ads, launched simultaneously, would stoke suspicion about how police treat black people in one ad, while another encouraged support for pro-police groups.
  • Divisive racial ad buys averaged about 44 per month from 2015 through the summer of 2016 before seeing a significant increase in the run-up to Election Day. Between September and November 2016, the number of race-related spots rose to 400. An additional 900 were posted after the November election through May 2017.
  • Only about 100 of the ads overtly mentioned support for Donald Trump or opposition to Hillary Clinton. A few dozen referenced questions about the U.S. election process and voting integrity, while a handful mentioned other candidates like Bernie Sanders, Ted Cruz or Jeb Bush.

To repeat the key finding, out of approximately 3,500 ads, “Only about 100 of the ads overtly mentioned support for Donald Trump or opposition to Hillary Clinton.”

It is also to keep the impact of Facebook ads in perspective. While perhaps bombarding people’s newsfeeds with product ads might account for some sales, people are far less likely to change their views regarding political parties based upon a Facebook ad. As I noted previously, the Russian ads and other material accounted for a minuscule portion of overall Facebook content. Information previously released from the Congressional investigations found that this accounted for “less than 0.004 percent of all content — or about 1 in 23,000 news feed items” on Facebook. Over half of the ads were not seen until after the election and, as is confirmed with this new data, most had nothing to do with promoting Trump over Clinton.

Earlier this year Philip Bump reviewed the data and noted that the ads did not target the swing states which affected the election, with larger numbers of ads being targeted to users in states such as New York and Texas. After reviewing the evidence, Bump concluded, “There’s still little evidence that Russia’s 2016 social media efforts did much of anything.” He also wrote, “As it stands, the public evidence doesn’t support the idea that the Russians executed a savvy electoral strategy on social media to ensure Trump’s victory. In fact, it seems less the case that they did so now than seemed might be possible back in July.”

Russia’s use of Facebook for propaganda appears to just be an updating of the propaganda methods used by both Russia and the United States against each other for decades. There is no evidence that this was a unique effort to attack Hillary Clinton or anything which impacted the election results. While it raises some concern that they are attempting to increase racial tensions, this is also nothing new. Actual racism in the United States, including American news footage of violence against minorities by police officers, is also likely to be far more damaging to race relations than anything coming from Russia.

The Senate Judiciary Committee also released 2,500 pages of congressional testimony today regarding the Trump Tower meeting. This confirms what we already knew that Donald Trump, Jr. attended the meeting hoping to receive dirt on Clinton. While his actions might be unethical, and possibly in violation of elections laws, again there is no evidence that this had any effect on the election results. As The Washington Post found in reviewing the testimony, “the meeting was a bust.” Trump failed to obtain the desired information on Clinton. There is evidence that at least some in the Trump family and campaign were willing to collude with Russia and even attempted to collude with Russia. There is no evidence of any actual collusion or any actions with Russia which affected the election results.

Conan O’Brien and James Corden on Donald Trump

Porn star Stormy Daniels is suing President Trump for defamation for something he said in a tweet. When they heard this, Muslims, African-Americans, gays, and Hillary Clinton said, “You can do that?” –Conan O’Brien

Trump skipped the correspondent’s dinner on Saturday night, and instead hosted a rally in Michigan. Trump said he’d rather be around people who loved him, so he went to Michigan and left behind the White House press corps and Melania. –James Corden

This morning, President Trump made a special phone call to his favorite television program, “Fox & Friends.” Trump and the hosts talked about lots of things, and at one point, he was asked to grade his presidency. Take a look at what he said. [Trump clip] “I would give myself an A-plus.” An A-plus! From where — Trump University?  –James Corden

Distorted Right Wing Attacks On Michelle Wolf–What She Really Said (Including Full Transcript)

Donald Trump has a long history of insulting anyone who displeases him, including the handicapped, immigrants, Muslims, and gold star families. He has quite frequently attacked the appearance of women. However, Trump cannot take it when he is the target of mere jokes. For the second straight year he was unwilling to attend the White House Correspondent’s Dinner. Conservatives who have often defended Trump’s attacks on others, responded by attacking Michelle Wolf. Frequently the attacks were not for her actual jokes but were based upon distorting what she actually said.

A satiric roast at a dinner such as this would be expected to be far harder on its targets than would be expected in normal political discourse. Comedians are expected to push the boundaries, cross lines, and make people feel uncomfortable. Jokes about Trump are naturally going to include lines about prostitutes and grabby pussy, because this is what Donald Trump, not Michele Wolf, brought to Washington.

Wolf’s actual jokes were far less offensive than many of the things we hear from Trump and his allies. As Wolf’s actual act was tamer than they are, the right attacked by distorting what she actually said. It was reminiscent of past attacks from the right on others such as David Letterman.

The main line of the attacks was to falsely claim that Wolf attacked Sarah Sanders’ looks. This falsehood was often spread by taking a line out of context, making it appear she was joking about Sanders’ eye as opposed to joking about her lying. Her full joke regarding this was, “I actually really like Sarah. I think she’s very resourceful. She burns facts, and then she uses that ash to create a perfect smoky eye. Like maybe she’s born with it, maybe it’s lies. It’s probably lies.” Even quoted out of context, “smoky eye” is hardly a terrible attack.

Wolf did briefly mention Mitch McConnell’s neck and Christ Christie’s weight, but I haven’t seen complaints about these, and these are common laugh lines for the late night comics. The only woman whose looks were mocked by Wolf were her own, when she referred to her own frizzy hair and small tits.

Wolf was interviewed by NPR and defended what she said:

I think people have a lot of preconceived notions about Sarah’s looks and I think a lot of what’s happening is they’re projecting onto this joke. … I think it’s clear that the joke wasn’t about Sarah’s looks, but I don’t think — to me it’s so obvious that I don’t even really need to defend it. I think if you listen to the joke you’ll understand that it’s about the fact that she lies and if it’s taken another way I think you should go back and listen to it again. …

If there [are] two people that I actually made fun of their looks on Saturday it was Mitch McConnell and Chris Christie and no one is jumping to their defense. I made fun of Mitch McConnell’s neck and I did a small jab at Chris Christie’s weight and no one is jumping to their defense.

Late night comedians did come to her defense, including Stephen Colbert reliving his old conservative character:

“She is filthy and she is mean — which is what we love about her. Because those are wonderful qualities for comedians, and terrible qualities for free-world leaders.” — SETH MEYERS, comparing Michelle Wolf with President Trump

“Michelle should have had the decency not to comment on women’s appearances in any way, shape or form. She’s a comedian, for God’s sake, not the president.” — TREVOR NOAH

“This is the correspondents’ dinner, celebrating the freedom of speech; you can’t just say whatever you want!” — STEPHEN COLBERT

“I am so proud, right down to the breastbone, that the press is defending her despite the fact that her boss joked about throwing reporters in jail. That’s the kind of comedy the press likes!” — STEPHEN COLBERT, on Sarah Huckabee Sanders

The best defense of much of the criticism I’ve heard about the speech is to hear what she actually said. The video is above, and full transcript follows:

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Why Don’t We Hear Messages Like This From The Party Of The Resistance?

The Democratic Party has struggled to come up with a response to Donald Trump on Syria. While some disagree, they cannot come up with a unified opposition to the air strikes or intervention, so they limit their opposition to complaining that Trump failed to get Congressional approval. This is no surprise considering that their last presidential candidate had advocated far greater military interventionism than Trump, and previously attacked Obama for not pursing greater intervention based upon an extremely irrational argument.

While anti-war voices are rare, here is an example of a conservative who is making far more sense than most of the Democrats:

The U.S. military presence in Syria is illegal, and the same would be true of any occupying force provided by U.S. clients. Instead of looking for a substitute occupation force or maintaining one of our own, the U.S. should accept that controlling any part of Syria is not worth the costs and risks that go along with it. The U.S. has no business fighting in Syria, and it has no authority to keep its forces there, so a complete withdrawal from Syria is the only appropriate and legal course of action open to the U.S.

Unfortunately this is from a conservative blogger (Daniel Larison), and not someone who represents the policy of either political party. He wrote this in concluding a post on how Trump’s idea of having other countries replace US troops is not working.

Shouldn’t we be hearing more like this from the party which is supposedly the opposition party in Congress? We hear virtually noting from the party which claims to be “the resistance.” Instead the “opposition party” is being led by cowards who prefer to keep any real opposition voices from running.

Nancy Pelosi Defends Party’s Intervention In Primaries As Progressives Protest

The tape released this week of a Democratic Party leader trying to get a progressive to drop out of a Congressional primary has raised far more attention to the issue. The tape was initially posted by The Intercept and I also posted it here yesterday.

Nancy Pelosi has further angered progressives by speaking out in support of this practice. The Washington Post reports:

House Democratic Leader Nancy Pelosi (Calif.) defended her party’s electoral operation on Thursday, after a candidate in a contested Colorado primary released audio tape of Democratic Whip Steny Hoyer (Md.) urging him to quit the race.

“I don’t know that a person can tape a person without the person’s consent and then release it to the press,” Pelosi told reporters at her weekly news conference. “In terms of candidates and campaigns I don’t see anything inappropriate in what Mr. Hoyer was engaged in — a conversation about the realities of life in the race as to who can make the general election.”

…The Democratic Congressional Campaign Committee has thrown its weight in the race behind Jason Crow, an attorney and veteran running a more center-left campaign than Tillemann, who supports universal Medicare and other planks of Sen. Bernie Sanders’s (I-Vt.) campaign platform. In the December conversation, Hoyer told Tillemann that “a decision was made early on by the Colorado delegation” to back Crow, and that it would continue to do so.

“Staying out of primaries sounds small-D democratic, very intellectual and very interesting,” said Hoyer, according to the tape. “But it was clear that it was our policy and our hope that, early on, try to come to an agreement on a candidate that we thought could win the general, and to give that candidate all the help we could give them.”

While Nancy Pelosi rationalize this as “the realities of life,” as I pointed out yesterday, this long-standing strategy has been a disaster for Democrats. The claim that more conservative candidates are more electable has not held up. The Democratic leadership has a terrible record of choosing more “electable” candidates. They lost control of both houses of Congress and around 1000 state seats in state legislatures in a decade based upon this misconception. The ultimate example of how the party’s strategy conflicts with reality came when they violated the party’s by-laws to rig the nomination for Hillary Clinton, the one candidate who could not even beat a candidate as dreadful as Donald Trump.

While we have known that this has been an issue for some time, including in a Texas Congressional race this year, having the taped evidence has also led to the loudest protests I have heard so far from progressives within the Democratic Party. USA Today reports:

Progressive groups that support Tillemann are going ballistic over what they say is yet another example of establishment Democrats meddling in primary elections.

The Progressive Change Campaign Committee says it’s raising money for three candidates, including Tillemann, that the DCCC has pressured to drop out.

“There is a battle for the heart and soul of the Democratic Party, and Steny Hoyer and his corporate cronies already lost,” said Stephanie Taylor, PCCC’s co-founder.

Democracy for America Executive Director Charles Chamberlain called for Hoyer to resign or “be removed” from House leadership.

“We saw what happens when Democratic Party leaders put their fingers on the scale in primaries in 2006 through 2016, when we lost nearly 1,000 elected offices up and down the ballot,” he said.

Democratic Leader Caught On Tape Trying To Force Progressive Candidate Out Of Congressional Race

The Democratic leadership, including the Democratic Congressional Campaign Committee, have shown they are not our allies as they repeatedly attack the left, have purged progressives from the DNC, and attack more liberal and progressive candidates who are often more in tune with the voters. The Intercept secretly recorded Steny Hoyer, the second highest ranking Democrat in the House of Representatives, trying to pressure a progressive candidate, Levi Tillemann, to drop out of a race. They described Tillemann as “an author, inventor, and former official with the Obama administration’s Energy Department.” From their account:

He focused his campaign on clean elections, combatting climate change, “Medicare for All,” free community college, and confronting economic inequality and monopoly power. Another candidate for the nomination, Jason Crow, a corporate lawyer at the powerhouse Colorado firm Holland & Hart and an Army veteran, meanwhile, appeared to have the backing of the Democratic establishment, though it wasn’t explicit. In November, it became clearer, as Crow was named by the Democratic Congressional Campaign Committee to the party’s “Red to Blue” list, which the committee specifies is not an endorsement but does carry symbolic weight.

With Hoyer in Denver, Tillemann met the minority whip at the Hilton Denver Downtown to make the case that the party should stay neutral in the primary and that he had a more plausible path to victory than the same centrism that Coffman had already beaten repeatedly.

Hoyer, however, had his own message he wanted to convey: Tillemann should drop out.

In a frank and wide-ranging conversation, Hoyer laid down the law for Tillemann. The decision, Tillemann was told, had been made long ago. It wasn’t personal, Hoyer insisted, and there was nothing uniquely unfair being done to Tillemann, he explained: This is how the party does it everywhere.

Tillemann had heard the argument before from D.C. insiders and local Democratic bigwigs, all of whom had discouraged him from challenging the establishment favorite. The only difference was that for this conversation, the candidate had his phone set to record.

The secretly taped audio recording, released here for the first time, reveals how senior Democratic officials have worked to crush competitive primaries and steer political resources, money, and other support to hand-picked candidates in key races across the country, long before the party publicly announces a preference. The invisible assistance boosts the preferred candidate in fundraising and endorsements, and then that fundraising success and those endorsements are used to justify national party support. Meanwhile, opponents of the party’s unspoken pick are driven into paranoia, wondering if they are merely imagining that unseen hands are working against them.

Hoyer bluntly told Tillemann that it wasn’t his imagination, and that mobilizing support for one Democratic candidate over another in a primary isn’t unusual. Rep. Ben Ray Luján, D-N.M., chair of the DCCC, has a “policy that early on, we’d try to agree on a candidate who we thought could win the general and give the candidate all the help we could give them,” Hoyer told Tillemann matter-of-factly…

In races in Pennsylvania, Minnesota, Texas, Nebraska, California, and beyond, progressive candidates are finding that the DCCC has mobilized support for moderate candidates with access to early campaign cash at the expense of progressives. As we’ve reported, many first-time candidates are told by the DCCC that before they can even be considered, they have to perform the “rolodex” test to show they can raise $250,000 or more from the contact list on their phone.

In February, the DCCC made the unusual move to release opposition research, the term of art for political dirt, against activist Laura Moser, who the party viewed as too liberal to win in the 7th Congressional District of Texas, a Houston-area seat. The strategy, however, appeared to backfire. Moser placed second in the Texas Democratic primary, meaning she’ll have a shot at the nomination in the May 22 runoff…

To a certain extent, people like Elizabeth Warren and people like Bernie Sanders have been ostracized by the party, and they have been marginalized by the establishment to the extent that is possible,” says Tillemann. “But the fact of the matter is that the people are crying out for genuine leaders, and the people are crying out for a solution to inequality and systemic injustice, and to the extent that I am fighting for those solutions, then I think there will be a powerful constituency for that.”

I’m proud to be on the side of truth,” he added. “I’m proud to be on the right side of democracy, and I’m proud to be on the right side of free and fair elections.”

The recording could be heard in the video below, which also has animation added:

This practice calls into question whether there is any point in liberals and progressives to support the Democratic Party if they are ignoring small-d democratic principles to promote more conservative candidates? They appear to want either conservative businessmen or ex-CIA agents. As Jimmy Dore pointed out, out of 102 competitive Democratic Congressional primaries in 2018, “44 involve candidates with a military-intelligence or State Department background, with 11 districts having two such candidates, and one district having three.”

Putting ethics aside, it isn’t even good politics. The claim that more conservative candidates are more electable has not held up. The Democratic leadership has a terrible record of choosing more “electable” candidates. They lost control of both houses of Congress and over 1000 state seats in a decade based upon this misconception. The ultimate example came when they violated the party’s by-laws to rig the nomination for Hillary Clinton, the one candidate who could not even beat a candidate as dreadful as Donald Trump.

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US Ranking Falls On Press Freedom Index

The threats to freedom of the press under Donald Trump have led to Reporters Without Borders dropping the rating of the United States to 45th, continuing its downward trend. The United States previously finished No. 43 in 2017 and No. 41 in 2016. Even before Trump, they note restrictions in press freedom due to the prosecution of whistleblowers under the Espionage Act which predated his presidency.

From their report on the United States:

The United States’ ranking fell from 43 to 45 out of 180 countries in Reporters Without Borders’ (RSF) 2018 World Press Freedom Index, continuing its downward trend in the first year of Donald J. Trump’s presidency. In contrast, its northern neighbor Canada gained 4 places due to steps taken to safeguard the confidentiality of journalists’ sources.

Donald Trump furthers First Amendment decline

In 2017, the 45th President of the United States helped sink the country to 45th place by labeling the press an “enemy of the American people” in a series of verbal attacks toward journalists, attempts to block White House access to multiple media outlets, routine use of the term “fake news” in retaliation for critical reporting, and calling for media outlets’ broadcasting licenses to be revoked. President Trump has routinely singled out news outlets and individual journalists for their coverage of him, and retweeted several violent memes targeting CNN.

The violent anti-press rhetoric from the White House has been coupled with an increase in the number of press freedom violations at the local level as journalists run the risk of arrest for covering protestsor simply attempting to ask public officials questions. Reporters have even been subject to physical assault while on the job.

Press freedom violations in the country of the First Amendment in fact have become so frequent of late that RSF joined a coalition of more than two dozen press freedom organizations to launch the US Press Freedom Tracker in August, which documented 34 arrests of journalists in 2017, the majority while covering protests (find out more on the tracker).

However, the Trump effect has only served to amplify the disappointing press freedom climate that predated his presidency. Whistleblowers face prosecution under the Espionage Act if they leak information of public interest to the press, while there is still no federal “shield law” guaranteeing reporters’ right to protect their sources. Journalists and their devices continue to be searched at the US border, while some foreign journalists are still denied entry into the US after covering sensitive topics like Colombia’s FARC or Kurdistan.

The US’ decline in press freedom is not simply bad news for journalists working inside the country; the downward trend has drastic consequences at the international level. “Fake news” is now a trademark excuse for media repression, in both democratic and authoritarian regimes. Democratic governments from several countries in the Organisation of East Caribbean States (OECS), have adopted Trump’s favorite phrase when criticizing the work of journalists. Given that criminal defamation still remains on the books in many Caribbean countries, the spread of Trump’s anti-media rhetoric could have very serious consequences for the local press.

Norway and Sweden were ranked at the top for press freedom for the second straight year. North Korea, Eritrea, Turkmenistan, Syria and China were at the bottom. The report also mentioned the impact of strongmen such as Vladimir Putin:

The Index also reflects the growing influence of “strongmen” and rival models. After stifling independent voices at home, Vladimir Putin’s Russia (148th) is extending its propaganda network by means of media outlets such as RT and Sputnik, while Xi Jinping’s China (176th) is exporting its tightly controlled news and information model in Asia. Their relentless suppression of criticism and dissent provides support to other countries near the bottom of the Index such as Vietnam (175th), Turkmenistan (178th) and Azerbaijan (163rd).

I noted last week how Edward Snowden had joined civil liberties organization in condemning restrictions on free communications in Russia. In a recent interview, Ed Schultz argued that Russia Today provides him with more independence than he had at MSNBC, which he says fired him for his support for Bernie Sanders over Hillary Clinton.

A Look At Bernie TV

While we don’t have Bernie Sanders in the White House, but we can see much more of him on line. New York Magazine has a feature on Bernie Sanders’s digital media empire. Here are some excerpts from a much longer article:

The Vermont senator, who’s been comparing corporate television programming to drugs and accusing it of creating a “nation of morons” since at least 1979 — and musing to friends about creating an alternative news outlet for at least as long — has spent the last year and a half building something close to a small network out of his office in the Dirksen Senate Office Building on Capitol Hill…

Sanders hosts an interview show (“The Bernie Sanders Show”) that he started streaming over Facebook Live on a semi-regular basis after his staff got the idea in February of 2017 to film the senator chatting with the activist Rev. Dr. William Barber. After they posted that simple clip and it earned hundreds of thousands of views with no promotion, they experimented with more seriously producing Sanders’s conversation days later with Bill Nye.

The chat with the Science Guy ended up with 4.5 million views. Sensing an opportunity, the next day Sanders’s aides turned down multiple network TV requests and took his response to Trump’s first address to Congress directly to his Facebook page.

Things escalated. Audio recordings of his conversations, repackaged as a podcast, have since occasionally reached near the top of iTunes’ list of popular programs. Sanders’s press staff — three aides, including Armand Aviram, a former producer at NowThis News, and three paid interns — published 550 original short, policy-focused videos on Facebook and Twitter in 2017 alone. And, this year, he has begun experimenting with streaming town-hall-style programs on Facebook. Each of those live events has outdrawn CNN on the night it aired.

“The idea that we can do a town meeting which would get a significantly larger viewing audience than CNN at that time is something I would not have dreamed of in a million years, a few years ago,” Sanders says…

Sanders’s splashiest offerings are the spare 30-minute interviews with figures like Nye, Al Gore, and Bill de Blasio conducted in a small Senate studio. But the bulk of his programming are the short, tightly produced, and highly shareable videos that cover everything from Trump administration greed and lessons to learn from Canada’s health-care scheme to explainers from his staff (“John Bolton Should Scare Everyone,” says his foreign policy adviser in one recent offering) and real people’s straight-to-camera testimonials about their experiences with health care or tax systems. Only around one-quarter of the videos feature Sanders himself, though each is branded with his name…

As with everything Sanders does in the Trump age, the question his allies and enemies are now considering is what it all means if he runs for president again. Sanders would be 79 on Inauguration Day 2021, but he’s held rallies across the country since his last run, and he’s convened his top advisers to discuss what such a campaign would look like.

His newfound ability to reach masses of voters directly doesn’t explicitly play into his electoral considerations, Weaver told me. But it looms large: The political team’s major project since that race has been to maximize Sanders’s ability to drive his movement forward directly, whether it’s through his videos or Our Revolution, the post-campaign political group it started.

DNC Suit Against Wikileaks Is A Dangerous Attack On Freedom Of The Press

In 2016 the Democratic National Committee and Hillary Clinton were exposed for undermining democratic principles by rigging the Democratic nomination and other acts of gross dishonesty. While there were many sources of information regarding this, email released by Wikileaks was instrumental in both verifying what was already suspected and providing new information. Rather than showing any remorse and instituting real reform, the Democratic Party has now initiated the absurd act of suing Wikileaks, Russia, and the Trump campaign based upon their unproven conspiracy theories that the 2016 election was stolen by these groups. In other words, the DNC is filing a lawsuit alleging damages because the truth about them was released by Wikileaks. The most alarming aspect is their attack on freedom of the press by including Wikileaks for publishing leaked or stolen emails provided to them.

This foolish action made the DNC the target of civil libertarians on a weekend in which Donald Trump was also attacking the press. The DNC is including Wikileaks in the suit not because of any claims that they had hacked the DNC, but purely because they posted email they received. Media organizations often publish stolen material and the DNC’s attempt to sue Wikileaks for doing is an attempt to intimidate the media for doing so. This includes The Pentagon Papers, The Panama Papers, and the revelations from Edward Snowden about NSA surveillance. The right of the media to publish stolen documents has been upheld by the Supreme Court.

As Glenn Greenwald and Trevor Timm, executive director of the Freedom of the Press Foundation wrote, “investigative journalism frequently entails media outlets receiving documents and other private information from people who have stolen them or otherwise broke the law to obtain and release them. To convert that into a legal transgression or part of an unlawful racketeering plot – as the DNC lawsuit seeks to do – is to turn a core part of journalism into something illegal.” They also noted:

Even WikiLeaks’ most devoted critics and enemies are constrained to acknowledge that WikiLeaks’ publications in general – and their disclosure of at least some of the DNC and Podesta emails in particular – informed the public about matters legitimately in the public interest. That’s why literally every major media outlet reported on their contents, why those documents forced the resignation of five top DNC officials and the firing of a CNN commentator, and why the DNC itself believes, as evidenced by this lawsuit, that it changed perceptions of Hillary Clinton.

For an entertaining history on this history in which the Supreme Court upheld the right of newspapers to publish stolen documents watch the recent movie The Post. To use an analogy to The Pentagon Papers, the DNC is not only suing what might be the equivalent of Daniel Ellsberg for stealing the papers, but also suing those in the position of The New York Times and The Washington Post (in the pre-Bezos era).

Is this really the position the DNC desires to be in if they want to have any hope of rebuilding bridges with the left? The Democrats have been the villains of this story. Their attempts to portray themselves as the victims, as opposed to cleaning up the party and embracing reform, is counterproductive if they hope to ever regain the trust of many on the left.

Democratic opposition to the publication of email which exposes the unethical actions of the DNC is also rather hypocritical considering that most of them have probably cheered on Rachel Maddow for airing information on leaked tax returns from Donald Trump.

Wikileaks has been victorious in previous cases in which claims that they were involved in the theft of documents they posted. They have also been the target of Democrats in the past, including several false claims about them from Hillary Clinton.

Wikileaks has responded to this suit stating in a Tweet stating, “As an accurate publisher of newsworthy information @WikiLeaks is constitutionally protected from such suits.” They are also requesting contributions for a counter-suit: “Help us counter-sue. We’ve never lost a publishing case and discovery is going to be amazing fun.”

There are also questions regarding the validity of other aspects of the suit. The generally pro-Democratic blog Vox writes:

…there were many hacks and claims of hacks during 2016, and it hasn’t yet been shown whether any of these Trumpworld and Russia contacts involved coordination on the DNC email leak itself, or even whether any cooperation effort between Trump’s team and Russia involving hacked material did materialize.

The DNC may well be hoping to use this new suit to surface more evidence of this, should it proceed to the discovery stage — but as of now, they don’t have the goods on any Trumpworld involvement with the hack and leak that damaged Democrats specifically.

Slate points out that, “Russia and WikiLeaks are unlikely to cooperate with a U.S. civil proceeding.” They also note that, “The DNC’s evidence of Trump participation in the scheme is limited to suggestive but not conclusive information that has already appeared in media reports.” They questioned the point of this suit, which appears to be primarily a stunt, when these matters are already under investigation by Robert Mueller (and we have yet to see evidence to support many of the claims coming from the DNC). They also noted that some Democrats questioned spending money on this during a conference call reviewing the suit. Slate was not impressed with the response from the DNC:

“We’re not getting into costs regarding this litigation” is not the kind of thing you say, in my opinion, when you are really confident that you are spending your donors’ money wisely during a crucial election year!