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DALLAS — Twitter has filed a lawsuit against Texas Attorney General Ken Paxton, claiming the Republican used his office to retaliate against it for banning the account of former President Donald Trump following the riot at the U.S. Capitol.
Days after the deadly January insurrection, Paxton announced an investigation into Twitter and four other major technology companies for what he called “the seemingly co-ordinated de-platforming of the President.” The attorney general’s office demanded that the companies produce a variety of records related to their content moderation policies and troves of internal communications.
Twitter responded Monday with a federal lawsuit alleging Paxton is seeking to punish it for taking Trump’s account offline — a decision the social media company says is protected free speech. It asks a judge to declare the decision to be under the ambit of the First Amendment and to, in essence, halt Paxton’s investigation.
“Paxton made clear that he will use the full weight of his office, including his expansive investigatory powers, to retaliate against Twitter for having made editorial decisions with which he disagrees,” lawyers for the company wrote in the suit filed in a Northern California court.
Spokespersons for Paxton’s office did not immediately respond to a request for comment Monday evening.
Twitter’s counterpunch comes as states, in addition to federal lawmakers and governments outside the U.S., are cracking down on tech companies they see as having amassed too much power in the past decade. This includes antitrust and anti-monopoly regulation, internet privacy laws as well as attempts to regulate how platforms like Twitter, Facebook and others moderate their sites.
In December, Paxton led 10 Republican attorneys general in suing Google for allegedly running an illegal digital-advertising monopoly in cahoots with Facebook.
GOP politicians in roughly two dozen states have also introduced bills that would allow for civil lawsuits against platforms for what they call the “censorship” of posts. Almost always, this means what they view as the censorship of conservative or Christian religious viewpoints.
While there is no evidence that tech companies are biased against conservatives, the narrative has been popular with Republicans since before President Trump was elected and only grew louder throughout his term. Trump getting banned for life from Twitter and suspended temporarily from Facebook after inciting the Jan. 6 Capitol riots only reinforced it.
In launching his investigation, Paxton cited the First Amendment when he says tech companies’ banishment of Trump “chills free speech” and “wholly silences” those who disagree with them.
However, Twitter — as well as the other companies Paxton targeted, including Facebook, Apple, Google and Amazon — is a private firm, so the First Amendment does not apply to its decisions on what material to allow on its services. Unlike the government, Twitter is allowed to silence people. The company had long given Trump and other world leaders broad exemptions from its rules against personal attacks, hate speech and other behaviours. But after five people were killed at the Capitol riot, the company said Trump’s tweets amounted to glorification of violence while plans were circulating online for future armed protests around the inauguration of President-elect Joe Biden.
Twitter’s suit comes as Paxton is facing other legal challenges, including an FBI investigation into claims that he used his office to benefit a wealthy donor.
He is also awaiting trial on unrelated securities fraud charges dating back to 2015. Paxton pleaded not guilty and the case has been stalled for years over legal challenges.
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Ortutay reported from Oakland, California.
Jake Bleiberg And Barbara Ortutay, The Associated Press
BOSTON — One Twitter wag joked about lights flickering on and off at the White House being Donald Trump signalling to his followers in Morse code after Twitter and Facebook squelched the president for inciting rebellion.
Though deprived of his big online megaphones, Trump does have alternative options of much smaller reach, led by the far right-friendly Parler — even if Google and Apple both removed it from their app stores.
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Trump may launch his own platform. But that won’t happen overnight, and free speech experts anticipate growing pressure on all social media platforms to curb incendiary speech as Americans take stock of Wednesday’s violent takeover of the U.S. Capitol by a Trump-incited mob.
Twitter ended Trump’s nearly 12-year run on Friday. In shuttering his account it cited a tweet to his 89 million followers that he planned to skip President-elect Joe Biden’s Jan. 20 inauguration that it said gave rioters license to converge on Washington once again.
Facebook and Instagram have suspended Trump at least until Inauguration Day. Twitch and Snapchat also have disabled Trump’s accounts, while Shopify took down online stores affiliated with the president and Reddit removed a Trump subgroup. Twitter also banned Trump loyalists including former national security advisor Michael Flynn in a sweeping purge of accounts promoting the QAnon conspiracy theory and the Capitol insurrection. Some had hundreds of thousands of followers.
In a statement Friday, Trump said: “We have been negotiating with various other sites, and will have a big announcement soon, while we also look at the possibilities of building out our own platform in the near future.”
The “immense power that the social media platforms have as gatekeepers of public discourse” had been flexed as never before — a power that should be troubling even for supporters of the Trump ban, tweeted Jameel Jaffer, director of the Knight First Amendment Institute at Columbia University.
Experts are betting Trump pops up on Parler, a 2-year-old magnet for the far right that claims more than 12 million users and where his sons Eric and Don Jr. are already active. Parler hit headwinds, though, on Friday as Google yanked its smartphone app from its app store for allowing postings that seek “to incite ongoing violence in the U.S.” Apple followed suit on Saturday evening after giving Parler 24 hours to address complaints it was being used to “plan and facilitate yet further illegal and dangerous activities.”
“Parler has not taken adequate measures to address the proliferation of these threats to people’s safety,” Apple said in a statement, saying it was removing the app “until they resolve these issues.”
Parler CEO John Matze complained on his site of being scapegoated. “Standards not applied to Twitter, Facebook or even Apple themselves, apply to Parler.” He said he “won’t cave to politically motivated companies and those authoritarians who hate free speech.”
Losing access to the app stores of Google and Apple — whose operating systems power hundreds of millions of smartphones — severely limits Parler’s reach, though it will continue to be accessible via web browser. Another potential landing spot for Trump is Gab — though both Google and Apple booted it from their app stores in 2017.
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Online speech experts expect social media companies led by Facebook, Twitter and Google’s YouTube to more vigorously police hate speech and incitement in the wake of the Capitol rebellion, as Western democracies led by Nazism-haunted Germany already do.
David Kaye, a University of California-Irvine law professor and former U.N. special rapporteur on free speech believes the Parlers of the world will also face pressure from the public and law enforcement as will little-known sites where further pre-inauguration disruption is now apparently being organized. They include MeWe, Wimkin, TheDonald.win and Stormfront, according to a report released Saturday by The Althea Group, which tracks disinformation.
Kaye rejects arguments by U.S. conservatives including the president’s former U.N. ambassador, Nikki Haley, that the Trump ban savaged the First Amendment, which prohibits the government from restricting free expression. “Silencing people, not to mention the President of the US, is what happens in China not our country,” Haley tweeted.
“It’s not like the platforms’ rules are draconian. People don’t get caught in violations unless they do something clearly against the rules,” said Kaye. And not just individual citizens have free speech rights. “The companies have their freedom of speech, too.”
While initially arguing their need to be neutral on speech, Twitter and Facebook gradually yielded to public pressure drawing the line especially when the so-called Plandemic video emerged early in the COVID-19 pandemic urging people not to wear masks, noted civic media professor Ethan Zuckerman of the University of Massachusetts-Amherst.
Zuckerman expects the Trump de-platforming may spur important online shifts. First, there may be an accelerated splintering of the social media world along ideological lines.
“Trump will pull a lot of audience wherever he goes,” he said. That could mean more platforms with smaller, more ideologically isolated audiences.
A splintering could push people towards extremes — or make extremism less infectious, he said: Maybe people looking for a video about welding on YouTube will no longer find themselves being offered an unrelated QAnon video. Alternative media systems that are less top-down managed and more self-governing could also emerge.
Zuckerman also expects major debate about online speech regulation, including in Congress.
“I suspect you will see efforts from the right arguing that there shouldn’t be regulations on acceptable speech,” he said. “I think you will see arguments from the democratic side that speech is a public health issue.”
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Associated Press writers Barbara Ortutay in Oakland, California, and Amanda Seitz in Chicago contributed to this report.
Frank Bajak, The Associated Press