Russiagate And Censorship

Democratic McCarthyism

Just part of a response to Clinton supporters who think that voting for Clinton was what progressives should have done in 2016, and do not understand that Democratic McCarthyism is at least as bad as anything done by Trump.

Bipartisan Bubbles

Meddling in Venezuela

Blogging In The Age Of Social Media

The blog has been far less active the last several months. This has largely been due to the effects of social media on the blogosphere. Social media has made blogs near obsolete, and has cut tremendously into traffic.  The days are long gone with a small blog like this can regularly draw in traffic exceeding 10,000 viewers, and will probably never return.

For a while social media and blogs could be used together, using Facebook to drive blog traffic to make up for some of the lost viewers. However, thanks to Russiagate-inspired censorship of social media, a Facebook post with a link to a blog post will receive far less viewership on Facebook, leading to a situation where I now get more readers by posting brief items on Facebook as opposed to longer material on the blog. Therefore, as a combination of these realities, and being busy on other matters, I have been using Facebook far more for politics the last several months.

The nature of many of the political disputes of the last few months have also had an impact. Blog posts opposing Trump receive very little attention simply because there is an abundance of anti-Trump material in the mainstream as well as other blogs. Blogs are of greatest value in discussing topics which receive too little attention from the mainstream media.

As we enter the primary battles, this could change. The mainstream media concentrates on the horse race as opposed to the issues, and there will be far more to discuss in comparing the candidates. Blog posts also provide greater ability to utilize longer posts and include multiple links.

I recently thought to try doing matters backwards–instead of posting blog posts on Facebook, primarily posting the links and short comments from Facebook here on the blog, using Facebook’s embed feature. This also enables readers to click through to see the discussions on Facebook. I tried this in the previous post, starting to use a quick blurb as a post, and then proceeded to add some brief additional material.

I am going proceed to add some links back to some other recent Facebook items which remain relevant, and in the future probably continue with a combination of such links as well as posts which are preferable originating on a blog.

A Welcome Reduction In Hysteria As We Are Hearing Less About Foreign Hacking Of The 2018 Election (For Now)

The New York Times today asks, Where Are The Russians? In other words, they have bought the sensationalized and highly exaggerated media accounts of Russia’s impact on the 2016 election, and are now surprised that they cannot find evidence that Russia is trying to hack the 2018 election.

Aaron Maté has a more reality-based view at The Nation in writing,With Just Days to the Midterms, Russiagate Is MIA–And that’s a good thing. He wrote, that despite all the “histrionics,” Russia has been found to have done little of consequence:

Russia’s alleged midterm sabotage to date has been disclosed in a newly unsealed criminal complaint against an employee of the Internet Research Agency (IRA), the Russian troll farm previously indicted for using fake accounts to spread divisive content on social media. The defendant, Elena Khusyaynova, is not even directly accused of online manipulation. Instead, she is singled out for being the chief accountant for “Project Lakhta,” an IRA initiative that targeted audiences in Russia and around the world, including the United States. The only actions directly ascribed to Khusyaynova concern her “meticulous record-keeping and management” of IRA funds.

As with the initial indictment of 13 IRA employees in February, prosecutors accuse IRA trolls of using social media “to sow discord in the U.S. political system and to undermine faith in our democratic institutions,” including in the upcoming midterms. But reading the fine print, it is difficult to see how that purported aim can be taken seriously. In the first six months of 2018, Khusyaynova submitted expenditures of $60,000 for advertisements on Facebook and $6,000 on Instagram. The only advertising-related activity that gets detailed in the complaint is an alleged IRA employee’s offering to give organizers of an anti-Trump protest $80 for a Facebook ad. (It’s unclear if the proposal was accepted). The IRA’s alleged social-media accounts impersonated both liberal and conservative personas. The complaint shows six images that were posted by Russian trolls to Facebook; the most impactful of the bunch appears to be a thinly disguised anti-Muslim ad that attracted 104 comments.

Some of this content is overtly racist and bigoted; other posts are banal. All are so juvenile or inconsequential that it is difficult to see how they could have vastly greater influence than the millions of other pieces of political clickbait littering the Internet. The IRA’s social-media imprint seems to have as much impact now as it did during the 2016 election. Back then, the IRA spent a reported on $100,000 on Facebook ads, with most of those ads having nothing to do with the election, and more than half of that total spent after the election.

According to Facebook general counsel Colin Stretch, posts generated by suspected Russian accounts between 2015 and 2017 represented “a tiny fraction of the overall [News Feed] content on Facebook.… about four-thousandths of one percent (0.004%) of content in News Feed, or approximately 1 out of 23,000 pieces of content.” The widely cited figure that “material generated by the Kremlin had reached a hundred and twenty-six million American Facebook users,” (The New Yorker) is in fact a creative take on Facebook’s own speculation. “Our best estimate,” Stretch testified to Congress in October 2017, “is that approximately 126 million people may have been served one of these [IRA] stories at some time during the two year period.” So the 126 million figure is an “estimate” of how many people “may have been served” one piece of IRA content—most unrelated to the 2016 election—in their Facebook feeds over two years. Over on Twitter, a new analysis by the Atlantic Council’s DFRLab finds that “Russia’s troll operation primarily targeted Russian speakers,” posting “significantly more in Russian than in English.”

Maté went on to further debunk many of the Russiagate claims, seeing them as no more than “fodder for ongoing efforts intent on convincing Americans that unsophisticated social-media trolling could somehow divide and weaken their society.” He showed problems with claims that Russia penetrated state voting systems and the many problems with media coverage of Russiagate, as I, and others, have also done many times in the the past.

Matt Taibbi also discussed the problems with coverage of Russia in an interview with Recode, pointing out, “You see a lot of stories where there are four unnamed intelligence sources all saying something that is totally unverifiable.” He discussed additional problems with some stories:

So recently we had a story that … I’ll give you two. Okay? There was one from pretty early on where the New York Times said, “Trump campaign officials had repeat contacts with Russian intelligence.” All right? And again, it was four current and former officials, none of them named. Now, I knew and anybody who lived in Russia knew that you constantly have contact with intelligence officials there often, whether you know it or not. And the story didn’t specify whether the contract was knowing or unknowing, like what the nature of it was, but the headline was incredibly damning, right?

I was very concerned about the vagueness of it, the inability to verify it. And then, sure enough, James Comey came out months later and said, “Well, that story isn’t true.” All right? And so if I’m the reporters, I’m really pissed about that, right? Like, “you burned me on this.”

Right.

Then later, more recently, we had a story that said, “Oh, all of our informants in Moscow have gone dark.” Now, I get that the sources in that story had to be high level.

Sure.

Of course they were, but how do you confirm that story? Think about it as a journalist. If you get a call, it doesn’t matter to me if the source is the head of the CIA.

It’s not like you can go find those intelligence sources and confirm with them.

Right? I mean, can you look at the string of cables that have suddenly ceased? You can’t, right? I even called the paper and asked about that. I said, “What’s the deal with this?”

Taibbi noted a time when The New York Times fell into a similar trap in reporting unverified intelligence claims: FROM THE EDITORS; The Times and Iraq.

While talk of Russia rigging our elections has calmed down going into the midterms, this might also be a temporary break, with politicians on both sides likely to be searching for people to blame for losses after the results are in. However, if there really should be a threat of election rigging, it is notable that, despite all the hysteria since 2016, The New York Times is right on one thing. Very little has been done to change how our elections are held and to deal with the risks in our electronic voting systems. If politicians (along with journalists who called 2016 incorrectly) really took the risk of election hacking seriously, as opposed to a convenient excuse for why Hillary Clinton could not beat Donald Trump, we might expect a strong movement towards paper ballots and more secure voting systems.

ACLU Joins Other Civil Libertarians In Warning About Dangers Of Censorship On Social Media

Censorship on social media has been an ongoing problem involving people on both the left and the right, but the recent banning of Alex Jones has increased attention to the issue. While many civil libertarians have seen the dangers, others have allowed their views of Alex Jones to distract from the urgent civil liberties issues at stake. Attacks on civil liberties have often started with unpopular targets, and then extending to others. The American Civil Liberties Union has warned about the worrisome implications:

Several companies, including Facebook and YouTube, have removed Jones and his radio show for violating their hate speech policies. But doing so may set a dangerous precedent, according to Ben Wizner, director of ACLU’s Speech, Privacy and Technology Project.

As private institutions, these sites have the constitutional right to decide whether to host Jones. But a hate speech policy defining when an individual warrants being banned could be “misused and abused,” Wizner told HuffPost on Monday.

“If [Attorney General] Jeff Sessions, for example, were deciding what’s hate speech, he would be less likely to think KKK and more likely to think [Black Lives Matter],” Wizner said. “It turns out to be an extremely subjective term.”

“I have some of the same concerns about platforms making those decisions,” he added. “Governments at least purport to be acting solely in the public interest, but platforms are making these decisions based on what’s in their financial interest. So their interest might be in avoiding controversy, but do we want the most important speech platforms in the world to avoid controversy?”

“Who should decide what’s fake? … It’s not so easy to do in a way that is objective,” he said. “If these platforms get in the business of trying to be the arbiters of truth or falsity, pretty soon everyone is going to have something to complain about.”

“Do we really want corporations that are answerable to their shareholders and their bottom lines being the ones who decide which political speech Americans should see or not see?” he added. “Because that’s what we’re asking for here.”

Some have questioned whether this is a civil liberties issue as on the surface it involves private companies as opposed to the government. The point is not that whether this is a First Amendment issue, but that our concept of censorship and the First Amendment must be updated due to how social media is being used by government to restrict speech. Social media has become the equivalent of the old fashioned town square. When we have a near monopoly controlling social media on the internet (which happened to be developed with taxpayer’s money), and government then instructs these companies to restrict the speech of people, it can be more dangerous than our conventional concept of censorship. Making matters worse, there is no due process when done with supposedly private companies in this manner.

The purpose of the First Amendment was to protect free speech–not to give excuses to support censorship when it does not strictly fall under the wording of the First Amendment. Wired had  warnings about allowing Facebook to censor free speech, and responded to the argument that this is not a First Amendment issue:

The lamest of counterarguments to Zuckerberg’s absolutist position is the drearily predictable one of “the First Amendment doesn’t apply to companies.” It’s the nitpicky point of the eighth-grade know-it-all. How about I quarter troops from my private army in your house, and when you cite the Third Amendment, I’ll reply with “well, they’re not government troops,” and see how you feel about it?

Concepts like “trespassing” and “privacy” are not mentioned in the Constitution and did not then exist in the form we know today. We have extended the animating spirit of the Third and Fourth Amendments—respecting a person’s property and privacy—more broadly, because it’s a foundational value we want to see respected everywhere. Ditto the First Amendment: We want companies to embrace it too.

Internet censorship greatly increased as a result of pressure from Democrats who blame Russian ads and “fake news” for the defeat of Hillary Clinton, as opposed to being willing to acknowledge the serious problems in nominating Clinton, and the terrible campaign she ran, which caused her defeat. Clinton herself called on Congress to regulate what she considered to be fake news after her defeat–a rather serious attack on First Amendment rights.

It is easy to look the other way when someone as vile as Alex Jones is the target, but internet censorship has extended to many others on both the left and the right. If censorship is justified based upon expressing hatred, promoting violence, and spreading false information, both Donald Trump and Hillary Clinton are far more dangerous. If kooky right wing conspiracy theorist Alex Jones should be banned, the same could just as easily be said about kooky left wing conspiracy theorist Rachel Maddow, whose conspiracy theories risk starting a war with a nuclear power.

Before the government pushed internet companies to act as their censors, they preferred to be regarded as common carriers who are not responsible for regulating content. Either we go with that concept, or we have a handful of executives in Silicon Valley deciding what any of us can say. There is no middle ground. As Matt Taibbi pointed out, “as was obvious during the Senate hearing with Mark Zuckerberg earlier this year, politicians are more interested in using than curtailing the power of these companies. The platforms, for their part, will cave rather than be regulated. The endgame here couldn’t be clearer. This is how authoritarian marriages begin, and people should be very worried.”

After Alex Jones was removed by multiple social media companies, Senator Chris Murphy tweeted: “Infowars is the tip of a giant iceberg of hate and lies that uses sites like Facebook and YouTube to tear our nation apart. These companies must do more than take down one website. The survival of our democracy depends on it.”

Instead of falling into the trap of saying this is not a First Amendment issue as it is not the government doing the censorship (at least directly), we should be exerting pressure on both members of Congress and the social media companies to consider social media companies as common carriers rather than taking on the job of censoring speech. The alternative would be as if AT&T, when they had a monopoly, was also entrusted with determining what types of speech could be allowed over its telephone lines.

In a follow up article to the one I quoted from above, Taibbi wrote on this topic in greater detail:

Two weeks ago, we learned about a new campaign against “inauthentic” content, conducted by Facebook in consultation with Congress and the secretive think tank Atlantic Council — whose board includes an array of ex-CIA and Homeland Security officials — in the name of cracking down on alleged Russian disinformation efforts.­ As part of the bizarre alliance of Internet news distributors and quasi-government censors, the social network zapped 32 accounts and pages, including an ad for a real “No Unite the Right 2” anti-racist counter-rally in D.C. this past weekend.

Last week, we saw another flurry of censorship news. Facebook apparently suspended VenezuelaAnalysis.com, a site critical of U.S. policy toward Venezuela. (It was reinstated Thursday.) Twitter suspended a pair of libertarians, including @DanielLMcAdams of the Ron Paul Institute and @ScottHortonShow of Antiwar.com, for using the word “bitch” (directed toward a man) in a silly political argument. They, too, were later re-instated.

More significantly: Google’s former head of free expression issues in Asia, Lokman Tsui, blasted the tech giant’s plan to develop a search engine that would help the Chinese government censor content…

Both the Jones situation and the Facebook-Atlantic Council deletions seem an effort to fulfill a request made last year by the Senate Judiciary Committee. Last October, Facebook, Google and Twitter were asked by Hawaii Senator Mazie Hizono to draw up a “mission statement” to “prevent the foment of discord.”

Companies like Facebook might have balked before. They have long taken a position that’s very Star Trek, very Prime-Directive: We do not interfere. Mark Zuckerberg, as late as 2016, was saying, “editing content… that’s not us.”

…After Trump’s shocking win in 2016, everyone turned to Facebook and Google to fix “fake news.” But nobody had a coherent definition of what constitutes it.

Many on the left lamented the Wikileaks releases of Democratic Party emails, but those documents were real news, and the complaint there was more about the motives of sources, and editorial emphasis, rather than accuracy…

Within a year, Google bragged that it had deleted 8 million videos from YouTube. A full 6.7 million videos were caught by machines, 1.1 million by YouTube’s own “trusted flaggers” (we’re pre-writing the lexicon of the next dystopian novels), and 400,000 by “normal users.”

Subsequently, we heard that Facebook was partnering with the Atlantic Council — which, incidentally, accepts donations from at least 25 different foreign countries, including United Arab Emirates and the king of Bahrain, in addition to firms like weapons manufacturer Raytheon and my old pals at HSBC — to identify “potential abuse.”

…For more than half a century, we had an effective, if slow, litigation-based remedy for speech violations. The standards laid out in cases like New York Times v. Sullivan were designed to protect legitimate reporting while directly remunerating people harmed by bad speech. Sooner or later, people like Alex Jones would always crash under crippling settlements. Meanwhile, young reporters learned to steer clear of libel and defamation. Knowing exactly what we could and could not get away with empowered us to do our jobs, confident that the law had our backs.

If the line of defense had not been a judge and jury but a giant transnational corporation working with the state, journalists taking on banks or tech companies or the wrong politicians would have been playing intellectual Russian roulette. In my own career, I’d have thought twice before taking on a company like Goldman Sachs. Any reporter would.

Now the line is gone. Depending on the platform, one can be banned for “glorifying violence,” “sowing division,” “hateful conduct” or even “low quality,” with those terms defined by nameless, unaccountable executives, working with God Knows Whom…

Google and Facebook have long wrestled with the question of how to operate in politically repressive markets — Google launched a censored Chinese search engine in 2006, before changing its mind in 2010 — but it seems we’re seeing a kind of mass surrender on that front.

The apparent efforts to comply with government requests to help “prevent the foment of discord” suggest the platforms are moving toward a similar surrender even in the United States. The duopolistic firms seem anxious to stay out of headlines, protect share prices and placate people like Connecticut Senator Chris Murphy, who just said deleting Jones was only a “good first step.”

Americans are not freaking out about this because most of us have lost the ability to distinguish between general principles and political outcomes. So long as the “right” people are being zapped, no one cares.

But we should care. Censorship is one of modern man’s great temptations. Giving in to it hasn’t provided many happy stories.

Slate warned that, “placing the distribution of information in the hands of a few tech companies will remain a very big problem.”

Did anyone vote to make Google and Facebook monopolies. Did anyone vote to say we are going to make private actors make these decisions? There hasn’t been such a vote. People are just waking up to the fact that these guys are monopolies. People are just waking up to the fact that these guys have built these machines and amplified these kinds of voices. We only had our first major hearing in Congress last summer. This is pretty fresh, pretty new. I think if you put it to a vote, you sure as hell wouldn’t have anybody say, “We will choose these people to be our censors, we will choose these people to be our regulators.” And remember that this is a two-edged story. Any time you say that you are going to allow for this type of private action or private censorship, it is something that can be used against your friends next year, tomorrow.

Caitlin Johnstone, who herself was the target of internet censorship this month, further discussed how In A Corporatist System Of Government, Corporate Censorship Is State Censorship:

In a corporatist system of government, wherein there is no meaningful separation between corporate power and state power, corporate censorship isstate censorship. Because legalized bribery in the form of corporate lobbying and campaign donations has given wealthy Americans the ability to control the US government’s policy and behavior while ordinary Americans have no effective influence whatsoever, the US unquestionably has a corporatist system of government. Large, influential corporations are inseparable from the state, so their use of censorship is inseparable from state censorship.

This is especially true of the vast megacorporations of Silicon Valley, whose extensive ties to US intelligence agencies are well-documented. Once you’re assisting with the construction of the US military’s drone program, receiving grants from the CIA and NSA for mass surveillance, or having your site’s content regulated by NATO’s propaganda arm, you don’t get to pretend you’re a private, independent corporation that is separate from government power. It is possible in the current system to have a normal business worth a few million dollars, but if you want to get to billions of dollars in wealth control in a system where money translates directly to political power, you need to work with existing power structures like the CIA and the Pentagon, or else they’ll work with your competitors instead of you.

For more on this topic, I would also recommend the following video discussion with Glenn Greenwald (who has written extensively on civil liberties and social media), Sam Biddle, and Briahna Joy:

Former Ambassador To Soviet Union Warns Of The Dangers Of Russiagate Hysteria

Jack F. Matlock Jr., ambassador to the Soviet Union from 1987 to 1991, writes in The Nation that, “We must end this Russophobic insanity.” Many Democrats continue to spread hysteria about Russia as opposed to accepting the reality that they lost the 2016 election by running a terrible candidate who should never have been a major party candidate for president. Matlock countered the false narrative we are often hearing by reviewing the facts. Matlock had the following seven points:

  1. It is a fact that some Russians paid people to act as online trolls and bought advertisements on Facebook during and after the 2016 presidential campaign. Most of these were taken from elsewhere, and they comprised a tiny fraction of all the advertisements purchased on Facebook during this period. This continued after the election and included organizing a demonstration against President-elect Trump.
  2. It is a fact that e-mails in the memory of the Democratic National Committee’s computer were furnished to Wikileaks. The US intelligence agencies that issued the January 2017 report were confident that Russians hacked the e-mails and supplied them to Wikileaks, but offered no evidence to substantiate their claim. Even if one accepts that Russians were the perpetrators, however, the e-mails were genuine, as the US intelligence report certified. I have always thought that the truth was supposed to make us free, not degrade our democracy.
  3. It is a fact that the Russian government established a sophisticated television service (RT) that purveyed entertainment, news, and—yes—propaganda to foreign audiences, including those in the United States. Its audience is several magnitudes smaller than that of Fox News. Basically, its task is to picture Russia in a more favorable light than has been available in Western media. There has been no analysis of its effect, if any, on voting in the United States. The January 2017 US intelligence report states at the outset, “We did not make an assessment of the impact that Russian activities had on the outcome of the 2016 election.” Nevertheless, that report has been cited repeatedly by politicians and the media as having done so.
  4. It is a fact that many senior Russian officials (though not all, by any means) expressed a preference for Trump’s candidacy. After all, Secretary of State Hillary Clinton had compared President Putin to Hitler and had urged more active US military intervention abroad, while Trump had said it would be better to cooperate with Russia than to treat it as an enemy. It should not require the judgment of professional analysts to understand why many Russians would find Trump’s statements more congenial than Clinton’s. On a personal level, most of my Russian friends and contacts were dubious of Trump, but all resented Clinton’s Russophobic tone, as well as statements made by Obama from 2014 onward. They considered Obama’s public comment that “Russia doesn’t make anything” a gratuitous insult (which it was), and were alarmed by Clinton’s expressed desire to provide additional military support to the “moderates” in Syria. But the average Russian, and certainly the typical Putin administration official, understood Trump’s comments as favoring improved relations, which they definitely favored.
  5. There is no evidence that Russian leaders thought Trump would win or that they could have a direct influence on the outcome. This is an allegation that has not been substantiated. The January 2017 report from the intelligence community actually states that Russian leaders, like most others, thought Clinton would be elected.
  6. There is no evidence that Russian activities had any tangible impact on the outcome of the election. Nobody seems to have done even a superficial study of the effect Russian actions actually had on the vote. The intelligence-community report, however, states explicitly that “the types of systems we observed Russian actors targeting or compromising are not involved in vote tallying.” Also both former FBI director James Comey and NSA director Mike Rogers have testified that there is no proof Russian activities had an effect on the vote count.
  7. There is also no evidence that there was direct coordination between the Trump campaign (hardly a well-organized effort) and Russian officials. The indictments brought by the special prosecutor so far are either for lying to the FBI or for offenses unrelated to the campaign such as money laundering or not registering as a foreign agent.

Matlock agrees that the election of Trump was a disaster, but also criticizes the false narrative as to why he was elected. He discussed both the problems with blaming Russia, and noted that the Democrats most likely would have won if they had nominated anyone other than Hillary Clinton:

I did not personally vote for Trump, but I consider the charges that Russian actions interfered in the election, or—for that matter—damaged the quality of our democracy ludicrous, pathetic, and shameful.

“Ludicrous” because there is no logical reason to think that anything that the Russians did affected how people voted. In the past, when Soviet leaders tried to influence American elections, it backfired—as foreign interference usually does everywhere. In 1984, Yuri Andropov, the Soviet leader then, made preventing Ronald Reagan’s reelection the second-most-important task of the KGB. (The first was to detect US plans for a nuclear strike on the Soviet Union.) Everything the Soviets did—in painting Reagan out to be a warmonger while Andropov refused to negotiate on nuclear weapons—helped Reagan win 49 out of 50 states.

“Pathetic” because it is clear that the Democratic Party lost the election. Yes, it won the popular vote, but presidents are not elected by popular vote. To blame someone else for one’s own mistakes is a pathetic case of self-deception.

“Shameful” because it is an evasion of responsibility. It prevents the Democrats, and those Republicans who want responsible, fact-based government in Washington, from concentrating on practical ways to reduce the threat the Trump presidency poses to our political values and even to our future existence. After all, Trump would not be president if the Republican Party had not nominated him. He also is most unlikely to have won the Electoral College if the Democrats had nominated someone—almost anyone—other than the candidate they chose, or if that candidate had run a more competent campaign. I don’t argue that any of this was fair, or rational, but then who is so naive as to assume that American politics are either fair or rational?

Matlock added that falsely blaming the election on Russia is also dangerous:

I should add “dangerous” to those three adjectives. “Dangerous” because making an enemy of Russia, the other nuclear superpower—yes, there are still two—comes as close to political insanity as anything I can think of. Denying global warming may rank up there too in the long run, but only nuclear weapons pose, by their very existence in the quantities that are on station in Russia and the United States, an immediate threat to mankind—not just to the United States and Russia and not just to “civilization.” The sad, frequently forgotten fact is that, since the creation of nuclear weapons, mankind has the capacity to destroy itself and join other extinct species…

We must desist from our current Russophobic insanity and encourage Presidents Trump and Putin to restore cooperation in issues of nuclear safety, non-proliferation, control of nuclear materials, and nuclear-arms reduction. This is in the vital interest of both the United States and Russia. That is the central issue on which sane governments, and sane publics, would focus their attention.

Related:

The Nation Debunks Russiagate Conspiracy “Fantasyland” And Irresponsible Media Coverage

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.