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Amidst The Turmoil, Don’t Handcuff Twitter With Government Control

Amidst The Turmoil, Don’t Handcuff Twitter With Government Control

Authored by Randolph May via RealClearMarfkets.com,

The Babylon Bee, the…

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Amidst The Turmoil, Don't Handcuff Twitter With Government Control

Authored by Randolph May via RealClearMarfkets.com,

The Babylon Bee, the satirical website that takes aim – all too effectively in the minds of some – at over-the-top wokeness, has been reinstated on Twitter. A blaring headline from a recent Bee story: "'Twitter Is Dead,' 300 Million People Post on Twitter." A satirical zinger, indeed!

And Donald Trump's Twitter account has been reinstated too – supposedly based on the results of a poll on . . . you guessed it, Twitter.

Amidst the turmoil and tumult of Elon Musk's Twitter take-over, predicting what Twitter will be next week, much less next year, is a fool's game. Count me out. After all, Mr. Musk reportedly has warned the staff: "Bankruptcy isn't out of the question.”

Assuming for present purposes that Twitter can ensure the security and stability of the platform going forward, I know what I want the platform to be. Throughout this now fifteen part "Thinking Clearly About Speaking Freely" series, I've argued that Twitter, along with other major social media platforms, have been far too censorious in restricting content that should remain subject to public debate. And throughout, I've cited examples of overly censorious actions, such as restricting posts relating to the origin of COVID-19, the effectiveness of various treatment options, and the educational and economic costs of school and business lockdowns.

I've never contended there shouldn't be any content moderation at all, but rather that Twitter should operate much more like the digital town square that Elon Musk, as a self-proclaimed "free speech absolutist," long has said he wanted.

In other words, censorship should be considerably more limited, say, to posts demonstrably facilitating terrorism or sex trafficking, or inciting violence.

Perhaps it should not be surprising that amidst all the present chaos, including the substantial downsizing of staff, including those on the "Trust and Safety Team," that there are more strident calls for the government to exert greater control over Twitter. By way of example, I want to focus on a November 16 letter from the left-leaning Open Markets Institute ("OMI") to the heads of the Federal Trade Commission and the Department of Justice's Antitrust Division. Along with asking these government officials to investigate Mr. Musk's take-over, OMI proposes to subject Twitter to stringent government control.

Claiming that Twitter is an "essential communications platform," OMI says that "Twitter long ago proved it serves a unique and irreplaceable role in enabling citizens to communicate and debate key issues of the day." It contends Twitter's status as a "utility" is clear.

With Twitter denominated a public utility, it's not a far leap for OMI to beseech government officials to protect "all communications and political debates" on Twitter from interference by Twitter's executives, Board members, or employees. And according to OMI, Twitter should be required to enforce its terms of service "without prejudice or discrimination, in a completely transparent manner.” 

If taken literally, OMI is asking that Twitter be regulated in the same "common carrier-like" way that the conservative Texas legislature required when it enacted a law mandating that Twitter and other social media platforms not discriminate in their content moderation practices on the basis of "viewpoint." And that Justice Clarence Thomas suggested might be appropriate two years ago in his concurring opinion in Biden v. Knight First Amendment Institute of Columbia University. There, Justice Thomas took note of what he characterized as the dominant market positions of Twitter, Facebook, and Google, along with the fact that the latter two essentially are controlled by one or two persons. Of course, that's now true of Twitter too, and it is this concentration of control in one person upon which OMI primarily bases its case for government regulation.

As I pointed out in Part 2 of this series, in his Knight First Amendment Institute opinion, Justice Thomas declared there is a "fair argument" that Twitter, Google, and Facebook could be deemed common carriers, including by laws enacted in the states, so that they would be prohibited from excluding lawful speech from their platforms. And he speculated that the Supreme Court soon would have "no choice but to address how our legal doctrines apply to highly concentrated, privately owned information infrastructure such as digital platforms.”

If enough of his fellow justices agree, as widely suspected, to review the Fifth Circuit's NetChoice, L.L.C. v. Paxton decision upholding the Texas law mandating that Twitter and other major social media platforms operate like common carriers, then Justice Thomas's predilection for imposing common carriage obligations on the major platforms might prevail.

Given the excessive censorship in which Twitter and the other dominant social media platforms have engaged, I have considerable sympathy for the impulse motivating calls for common carrier-like regulation of the platforms. But as I said in Part 2, and elsewhere in this series, I have serious concerns about this supposed remedy.

Here's the nub of the matter as I explained in Part 3:

"As traditionally applied, the core elements of common carriage – rate regulation and nondiscrimination mandates – stifle investment and innovation. And, in any event, the traditional criteria used to assess whether an entity is a common carrier don't neatly fit the web platforms, or at least not all of them.”

So, rather than embracing the call by the Open Markets Institute, and presumably Justice Thomas too, for imposing common carrier-like control over the platforms' censorship practices, I continue to prefer offering free market solutions to address my concerns. Previously, I've advocated that Twitter and other platforms incorporate explicit presumptions favoring free speech in their terms of service. This presumptive "free speech default" would provide that content will not be removed absent clear and convincing evidence that the speech violates some specific, clearly delineated content prohibition. Such a presumption may be embedded in Mr. Musk's mind, but it also should be embedded in the terms of service so that it more readily becomes part of the corporate culture.

I've also urged Twitter and other sites to adopt additional consumer empowerment approaches that put tools in the hands of platform users to determine the parameters of the content they wish to access. If consumers are allowed to avail themselves of such "personalization" tools, they would be able to assume, to a much greater extent than at present, the content moderation function now performed by the platforms.

Rather than looking first to imposing common carrier-like or other government controls, it is preferable to look to free market approaches to address the problem of excessive censorship.

I wouldn't necessarily bet my house on it, but Elon Musk, with his entrepreneurial bent, may just be able to succeed at making Twitter much more free speech-friendly, while at the same time avoiding what he has described as the "hellscape.”

Tyler Durden Wed, 11/30/2022 - 18:25

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Government

Survey Shows Declining Concerns Among Americans About COVID-19

Survey Shows Declining Concerns Among Americans About COVID-19

A new survey reveals that only 20% of Americans view covid-19 as "a major threat"…

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Survey Shows Declining Concerns Among Americans About COVID-19

A new survey reveals that only 20% of Americans view covid-19 as "a major threat" to the health of the US population - a sharp decline from a high of 67% in July 2020.

(SARMDY/Shutterstock)

What's more, the Pew Research Center survey conducted from Feb. 7 to Feb. 11 showed that just 10% of Americans are concerned that they will  catch the disease and require hospitalization.

"This data represents a low ebb of public concern about the virus that reached its height in the summer and fall of 2020, when as many as two-thirds of Americans viewed COVID-19 as a major threat to public health," reads the report, which was published March 7.

According to the survey, half of the participants understand the significance of researchers and healthcare providers in understanding and treating long COVID - however 27% of participants consider this issue less important, while 22% of Americans are unaware of long COVID.

What's more, while Democrats were far more worried than Republicans in the past, that gap has narrowed significantly.

"In the pandemic’s first year, Democrats were routinely about 40 points more likely than Republicans to view the coronavirus as a major threat to the health of the U.S. population. This gap has waned as overall levels of concern have fallen," reads the report.

More via the Epoch Times;

The survey found that three in ten Democrats under 50 have received an updated COVID-19 vaccine, compared with 66 percent of Democrats ages 65 and older.

Moreover, 66 percent of Democrats ages 65 and older have received the updated COVID-19 vaccine, while only 24 percent of Republicans ages 65 and older have done so.

“This 42-point partisan gap is much wider now than at other points since the start of the outbreak. For instance, in August 2021, 93 percent of older Democrats and 78 percent of older Republicans said they had received all the shots needed to be fully vaccinated (a 15-point gap),” it noted.

COVID-19 No Longer an Emergency

The U.S. Centers for Disease Control and Prevention (CDC) recently issued its updated recommendations for the virus, which no longer require people to stay home for five days after testing positive for COVID-19.

The updated guidance recommends that people who contracted a respiratory virus stay home, and they can resume normal activities when their symptoms improve overall and their fever subsides for 24 hours without medication.

“We still must use the commonsense solutions we know work to protect ourselves and others from serious illness from respiratory viruses, this includes vaccination, treatment, and staying home when we get sick,” CDC director Dr. Mandy Cohen said in a statement.

The CDC said that while the virus remains a threat, it is now less likely to cause severe illness because of widespread immunity and improved tools to prevent and treat the disease.

Importantly, states and countries that have already adjusted recommended isolation times have not seen increased hospitalizations or deaths related to COVID-19,” it stated.

The federal government suspended its free at-home COVID-19 test program on March 8, according to a website set up by the government, following a decrease in COVID-19-related hospitalizations.

According to the CDC, hospitalization rates for COVID-19 and influenza diseases remain “elevated” but are decreasing in some parts of the United States.

Tyler Durden Sun, 03/10/2024 - 22:45

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International

Rand Paul Teases Senate GOP Leader Run – Musk Says “I Would Support”

Rand Paul Teases Senate GOP Leader Run – Musk Says "I Would Support"

Republican Kentucky Senator Rand Paul on Friday hinted that he may jump…

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Rand Paul Teases Senate GOP Leader Run - Musk Says "I Would Support"

Republican Kentucky Senator Rand Paul on Friday hinted that he may jump into the race to become the next Senate GOP leader, and Elon Musk was quick to support the idea. Republicans must find a successor for periodically malfunctioning Mitch McConnell, who recently announced he'll step down in November, though intending to keep his Senate seat until his term ends in January 2027, when he'd be within weeks of turning 86. 

So far, the announced field consists of two quintessential establishment types: John Cornyn of Texas and John Thune of South Dakota. While John Barrasso's name had been thrown around as one of "The Three Johns" considered top contenders, the Wyoming senator on Tuesday said he'll instead seek the number two slot as party whip. 

Paul used X to tease his potential bid for the position which -- if the GOP takes back the upper chamber in November -- could graduate from Minority Leader to Majority Leader. He started by telling his 5.1 million followers he'd had lots of people asking him about his interest in running...

...then followed up with a poll in which he predictably annihilated Cornyn and Thune, taking a 96% share as of Friday night, with the other two below 2% each. 

Elon Musk was quick to back the idea of Paul as GOP leader, while daring Cornyn and Thune to follow Paul's lead by throwing their names out for consideration by the Twitter-verse X-verse. 

Paul has been a stalwart opponent of security-state mass surveillance, foreign interventionism -- to include shoveling billions of dollars into the proxy war in Ukraine -- and out-of-control spending in general. He demonstrated the latter passion on the Senate floor this week as he ridiculed the latest kick-the-can spending package:   

In February, Paul used Senate rules to force his colleagues into a grueling Super Bowl weekend of votes, as he worked to derail a $95 billion foreign aid bill. "I think we should stay here as long as it takes,” said Paul. “If it takes a week or a month, I’ll force them to stay here to discuss why they think the border of Ukraine is more important than the US border.”

Don't expect a Majority Leader Paul to ditch the filibuster -- he's been a hardy user of the legislative delay tactic. In 2013, he spoke for 13 hours to fight the nomination of John Brennan as CIA director. In 2015, he orated for 10-and-a-half-hours to oppose extension of the Patriot Act

Rand Paul amid his 10 1/2 hour filibuster in 2015

Among the general public, Paul is probably best known as Capitol Hill's chief tormentor of Dr. Anthony Fauci, who was director of the National Institute of Allergy and Infectious Disease during the Covid-19 pandemic. Paul says the evidence indicates the virus emerged from China's Wuhan Institute of Virology. He's accused Fauci and other members of the US government public health apparatus of evading questions about their funding of the Chinese lab's "gain of function" research, which takes natural viruses and morphs them into something more dangerous. Paul has pointedly said that Fauci committed perjury in congressional hearings and that he belongs in jail "without question."   

Musk is neither the only nor the first noteworthy figure to back Paul for party leader. Just hours after McConnell announced his upcoming step-down from leadership, independent 2024 presidential candidate Robert F. Kennedy, Jr voiced his support: 

In a testament to the extent to which the establishment recoils at the libertarian-minded Paul, mainstream media outlets -- which have been quick to report on other developments in the majority leader race -- pretended not to notice that Paul had signaled his interest in the job. More than 24 hours after Paul's test-the-waters tweet-fest began, not a single major outlet had brought it to the attention of their audience. 

That may be his strongest endorsement yet. 

Tyler Durden Sun, 03/10/2024 - 20:25

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Government

The Great Replacement Loophole: Illegal Immigrants Score 5-Year Work Benefit While “Waiting” For Deporation, Asylum

The Great Replacement Loophole: Illegal Immigrants Score 5-Year Work Benefit While "Waiting" For Deporation, Asylum

Over the past several…

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The Great Replacement Loophole: Illegal Immigrants Score 5-Year Work Benefit While "Waiting" For Deporation, Asylum

Over the past several months we've pointed out that there has  been zero job creation for native-born workers since the summer of 2018...

... and that since Joe Biden was sworn into office, most of the post-pandemic job gains the administration continuously brags about have gone foreign-born (read immigrants, mostly illegal ones) workers.

And while the left might find this data almost as verboten as FBI crime statistics - as it directly supports the so-called "great replacement theory" we're not supposed to discuss - it also coincides with record numbers of illegal crossings into the United States under Biden.

In short, the Biden administration opened the floodgates, 10 million illegal immigrants poured into the country, and most of the post-pandemic "jobs recovery" went to foreign-born workers, of which illegal immigrants represent the largest chunk.

Asylum seekers from Venezuela await work permits on June 28, 2023 (via the Chicago Tribune)

'But Tyler, illegal immigrants can't possibly work in the United States whilst awaiting their asylum hearings,' one might hear from the peanut gallery. On the contrary: ever since Biden reversed a key aspect of Trump's labor policies, all illegal immigrants - even those awaiting deportation proceedings - have been given carte blanche to work while awaiting said proceedings for up to five years...

... something which even Elon Musk was shocked to learn.

Which leads us to another question: recall that the primary concern for the Biden admin for much of 2022 and 2023 was soaring prices, i.e., relentless inflation in general, and rising wages in particular, which in turn prompted even Goldman to admit two years ago that the diabolical wage-price spiral had been unleashed in the US (diabolical, because nothing absent a major economic shock, read recession or depression, can short-circuit it once it is in place).

Well, there is one other thing that can break the wage-price spiral loop: a flood of ultra-cheap illegal immigrant workers. But don't take our word for it: here is Fed Chair Jerome Powell himself during his February 60 Minutes interview:

PELLEY: Why was immigration important?

POWELL: Because, you know, immigrants come in, and they tend to work at a rate that is at or above that for non-immigrants. Immigrants who come to the country tend to be in the workforce at a slightly higher level than native Americans do. But that's largely because of the age difference. They tend to skew younger.

PELLEY: Why is immigration so important to the economy?

POWELL: Well, first of all, immigration policy is not the Fed's job. The immigration policy of the United States is really important and really much under discussion right now, and that's none of our business. We don't set immigration policy. We don't comment on it.

I will say, over time, though, the U.S. economy has benefited from immigration. And, frankly, just in the last, year a big part of the story of the labor market coming back into better balance is immigration returning to levels that were more typical of the pre-pandemic era.

PELLEY: The country needed the workers.

POWELL: It did. And so, that's what's been happening.

Translation: Immigrants work hard, and Americans are lazy. But much more importantly, since illegal immigrants will work for any pay, and since Biden's Department of Homeland Security, via its Citizenship and Immigration Services Agency, has made it so illegal immigrants can work in the US perfectly legally for up to 5 years (if not more), one can argue that the flood of illegals through the southern border has been the primary reason why inflation - or rather mostly wage inflation, that all too critical component of the wage-price spiral  - has moderated in in the past year, when the US labor market suddenly found itself flooded with millions of perfectly eligible workers, who just also happen to be illegal immigrants and thus have zero wage bargaining options.

None of this is to suggest that the relentless flood of immigrants into the US is not also driven by voting and census concerns - something Elon Musk has been pounding the table on in recent weeks, and has gone so far to call it "the biggest corruption of American democracy in the 21st century", but in retrospect, one can also argue that the only modest success the Biden admin has had in the past year - namely bringing inflation down from a torrid 9% annual rate to "only" 3% - has also been due to the millions of illegals he's imported into the country.

We would be remiss if we didn't also note that this so often carries catastrophic short-term consequences for the social fabric of the country (the Laken Riley fiasco being only the latest example), not to mention the far more dire long-term consequences for the future of the US - chief among them the trillions of dollars in debt the US will need to incur to pay for all those new illegal immigrants Democrat voters and low-paid workers. This is on top of the labor revolution that will kick in once AI leads to mass layoffs among high-paying, white-collar jobs, after which all those newly laid off native-born workers hoping to trade down to lower paying (if available) jobs will discover that hardened criminals from Honduras or Guatemala have already taken them, all thanks to Joe Biden.

Tyler Durden Sun, 03/10/2024 - 19:15

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