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John Kerry, not a fan of the 1st Amendment

I suspect a good many of us would see comments made by John Kerry and immediately not agree with him because he is a Democrat politician.
I agree with your major thrust here.

But one thing I’d say about being unaffiliated for this election: it’s pretty liberating to feel free to treat both candidates with the contempt they each deserve.
 
I think we have a number of interpretations going on here, and mine is that Kerry is lamenting 1A as an impediment to social media style speech, which is where misinformation grows much wider that it has in the past. I think SM needs regulation. I’m all for the inherent free speech, but the *algorithm* is the damaging mechanism here, and needs regulating. The algorithm is not just silo-ing people, it’s enflaming us all. And for this reason I do hate social media. It’s picking, and sometimes generating false narratives with the intent to anger and inflame….aka “engage”. This can’t be good for society.

Ps. This is one big reason I like the WC. It seems to be operating outside the manipulations of the algorithm.
Who gets to determine the regulation?

No, the farther we can keep government away from the Internet — including and especially social media - the better.

We don’t need regulation of speech.
 
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I think we have a number of interpretations going on here, and mine is that Kerry is lamenting 1A as an impediment to social media style speech, which is where misinformation grows much wider that it has in the past. I think SM needs regulation. I’m all for the inherent free speech, but the *algorithm* is the damaging mechanism here, and needs regulating. The algorithm is not just silo-ing people, it’s enflaming us all. And for this reason I do hate social media. It’s picking, and sometimes generating false narratives with the intent to anger and inflame….aka “engage”. This can’t be good for society.

Ps. This is one big reason I like the WC. It seems to be operating outside the manipulations of the algorithm.
And my premise presupposes fair access and control. What if a radical progressive like soros bought up social media outlets. Someone with an agenda. We’re beginning to see that with musk who is drifting farther and farther right. What if he becomes a trillionaire and buys up fb and instagram. Ostensibly someone can create a new platform but it’s largely bs bc of the head start others have and people who have curated followers aren’t starting over

I guess antitrust kicks in but who knows the outcome etc

The no reg invites issues too if you flesh out hypos
 
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Who gets to determine the regulation?

No, the farther we can keep government away from the Internet — including and especially social media - the better.

We don’t need regulation of speech.

I don’t see this as regulating speech. it’s regulating the algorithm that feeds you what you get, and much of it is fake anyway. No individual speech is being being curbed. The misinformation being pushed, plus the skewed POVs feels like incitement. I know it doesn’t fit that criteria, but we are heading down a dangerous road otherwise.
 
I don’t see this as regulating speech. it’s regulating the algorithm that feeds you what you get, and much of it is fake anyway. No individual speech is being being curbed. The misinformation being pushed, plus the skewed POVs feels like incitement. I know it doesn’t fit that criteria, but we are heading down a dangerous road otherwise.
You think the courts would see it that way?
 
I don’t see this as regulating speech. it’s regulating the algorithm that feeds you what you get, and much of it is fake anyway. No individual speech is being being curbed. The misinformation being pushed, plus the skewed POVs feels like incitement. I know it doesn’t fit that criteria, but we are heading down a dangerous road otherwise.
It is tho. The algorithm filters content. If the gov intercedes impermissible. Content is the germane factor
 
I don’t see this as regulating speech. it’s regulating the algorithm that feeds you what you get, and much of it is fake anyway. No individual speech is being being curbed. The misinformation being pushed, plus the skewed POVs feels like incitement. I know it doesn’t fit that criteria, but we are heading down a dangerous road otherwise.
Let me put it this way: what if the law didn’t regulate what newspapers published...but did regulate where stories appeared: front page, above the fold, hidden in the middle, etc.

Kosher with freedom of the press? No. And it’s not even close.
 
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Let me put it this way: what if the law didn’t regulate what newspapers published...but did regulate where stories appeared: front page, above the fold, hidden in the middle, etc.

Kosher with freedom of the press? No. And it’s not even close.

I see your point, as well as McMurtry’s. In a way, i agree with you both.

But to use your newspaper analogy, this fictional newspaper is currently taking a deranged story written by a deranged citizen (or more likely, written by a Russian bot) and placing it on the front page above the fold.

As it stands now, the algorithms takes your current POV and manipulatively pushes you info and stories that are beyond your current POV, perfectly tuned to engage you further. I know of no newspapers like that. It’s no longer news. It’s fiction beyond the likes of the National enquirer.
 
I see your point, as well as McMurtry’s. In a way, i agree with you both.

But to use your newspaper analogy, this fictional newspaper is currently taking a deranged story written by a deranged citizen (or more likely, written by a Russian bot) and placing it on the front page above the fold.

As it stands now, the algorithms takes your current POV and manipulatively pushes you info and stories that are beyond your current POV, perfectly tuned to engage you further. I know of no newspapers like that. It’s no longer news. It’s fiction beyond the likes of the National enquirer.

Others may disagree with you on that characterization. And that’s important here. Our government simply does not and cannot serve as the arbiter of truth.

But let’s even look at this by stipulating your point. Remember the Weekly World News? As insane as that publication was, it was entirely protected by the 1A.
 
⁹Cliff Notes version?

"We can't browbeat Twitter anymore".
Over 100 former US security agents employed to supervise censorship and craft the narrative through banning, shadow-banning and other dirty tricks is somewhat more than browbeating..
 
Over 100 former US security agents employed to supervise censorship and craft the narrative through banning, shadow-banning and other dirty tricks is somewhat more than browbeating..
51. I know your dementia is ramping up. Sorry, sir, you have my sympathies.
 
Not a response to OP, but just to the topic. Heard an interesting discussion on NPR this morning about how our modern absolutist understanding of free speech has really only been around since sometime in the 20th century. Throughout the 19th century, if government wanted to punish speech, the courts were generally fine with it. The scholar interviewed basically credited Oliver Wendell Holmes with single-handedly inventing modern First Amendment jurisprudence.
 
Well, I totally disagree with you about neutrality of people. People are inherently biased in all kinds of ways. And that applies to editors, writers, and everybody else. And this isn’t something we can just turn on and off.

Saying that is not in any way denying that there are such things as facts and falsehoods. However, nobody has a monopoly on truth. And if you want me to list examples of where professional news editors, ostensibly neutral, have completely dropped the ball in ways that can pretty much only be explained by bias, it’s not a difficult thing to do.

Social media is a remedy to all of this. As much as it’s used to disseminate bullshit, it’s also used to respond to and correct bullshit…such that I don’t find it difficult to use it in a way to arrive at some approximating the full and accurate truth.

You used it to that effect yesterday with the ICE data. People defending Biden had responded to it - on social media! And they shed more light on what we were seeing, did they not?

And, again, as for Kerry, I stand entirely behind my characterization of his comments. And here’s the reason: he was complaining about it. The entire statement was a complaint about “unregulated social media” (the interviewer fairly characterized his comments with those exact words). Kerry going on to say “I guess we just have to do better convincing people” doesn’t change the fact he was complaining about the inability of the American government to “curb those entities”.

Why else even mention “curbing” entities that facilitate the exchange of information and ideas, if not to indicate some level of desire to wish to do so?

Let me just ask point blank: if the 1st amendment didn’t exist, do you think John Kerry would favor governmental action to regulate speech on social media?

I do. There are state actors already doing this in numerous places that don’t have the 1st Amendment.


Good post. The guy is a 50 year grifter. Lots of buzz words/phrases here: "the referees we used to have"; "people self-select"; "how you curb these entities"; "1st amendment stands as a major block to the ability to hammer it out of existence"; "will we break the fever". I wouldn't trust him as a dog catcher.
 
Great example.

I have no idea if Google is deliberately monkeying with their search results. They may well be.

But the government plays — and should play — absolutely no role in that. The fact Trump thinks they should really ought to give anybody else with a similar notion some serious pause.
One thing I’d add to this is that a lot of people would hear Trump say things like this and (rightly) bristle about it. It’s clearly an authoritarian appeal he’s making.

But why should “normal” politicians like John Kerry get a pass? I feel very confident that the sentiments he expressed are very popular among the Davos set.

The sentiment is hot garbage whoever is saying it.

Same goes (for different reasons) with ditching the filibuster. Trump was advocating this years before most Democrats took up thr mantle. And now their presidential candidate is advocating for it.

That is also a bad idea - even if it’s not a Constitutional issue.
 
He might think that, and there might be other videos or writings of his that state it more explicitly, but the video you linked doesn't back it up. He speaks for two minutes and mentions 1A once. In that regard, all he says is the 1st Amendment stands as a block to hammering out of existence organizations that pump out disinformation. That's 100% accurate. He gives a solution and says "so what we neeed. . . " Nothing in that solution mentions jettisoning or curbing 1A. Instead, he focuses on "win the ground" and win the "right to govern."

He does say they should win so that they have the "right to change." I don't know what that means. If he means change the 1A, then I would agree, he's saying something worrisome. But there's no proof in this clip that that is what he is referring to.

Re neutral editors of facts (what he said, not editors/referrees of opinion), we can and do have neutral arbiters of many facts in life--if we didn't, it would be power politics all the way down, a very postmodern, CRT vision of the world. I don't understand conservatives--or liberals--who want to give that game away. Facts exist, and people have the ability to muzzle their inborn or experiential biases about things and do so to an important extent about all manner of facts. If not, we couldn't even do science, for example.

Even on the more contentious issues, there are people who edit or referee things who don't have skin in the game or do a great job of preventing any political bias from creeping in (compare news sections of the WSJ to NYT or subscribe to the many services that now tout objective news). The banal objection that people aren't perfect, I find to be irrelevant and utopian.

All that said, I agree that my preferred society would not allow a centralized entity to determine who is and is not a good or neutral or unbiased editor/arbiter. And the First Amendment should be fought for, not abandoned to progressives who now find it inconvenient (and yes, they do exist).
The thing is a whole bunch of right wing referees posted this story yesterday and they all said that it was evidence Kerry doesn't like the 1A, so you are witnessing those referees tell people what is fact in real time by seeing the video described as such here.
 
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The thing is a whole bunch of right wing referees posted this story yesterday and they all said that it was evidence Kerry doesn't like the 1A, so you are witnessing those referees tell people what is fact in real time by seeing the video described as such here.

Kerry is clearly lamenting that the 1A stands in the way of “curbing” social media platforms from government influence.

Don’t take it up with me. That is the only reasonable way to interpret his comments.

I’ll ask again (Brad hasn’t answered…maybe he’s missed it): hearing his comments, if the 1A wasn’t an issue, do you think Kerry would support legislation to regulate content on social media?

I don’t think there’s any question about it. Why else would he lodge these complaints?
 
Kerry is clearly lamenting that the 1A stands in the way of “curbing” social media platforms from government influence.

Don’t take it up with me. That is the only reasonable way to interpret his comments.

I’ll ask again (Brad hasn’t answered…maybe he’s missed it): hearing his comments, if the 1A wasn’t an issue, do you think Kerry would support legislation to regulate content on social media?

I don’t think there’s any question about it. Why else would he lodge these complaints?
No, Brad already offered another reasonable way to interpret them. Your interpretation is simply the one you were told to think when you came across this story yesterday. You should be putting more effort into thinking about how easily you were manipulated.
 
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No, Brad already offered another reasonable way to interpret them. Your interpretation is simply the one you were told to think when you came across this story yesterday. You should be putting more effort into thinking about how easily you were manipulated.

Brad’s explanation was way too generous.

Kerry was complaining about the role of social media….and then said the 1A prevents folks like him from doing anything about it.

And that clearly implies that he’d favor regulating it if he could…as numerous other countries are already doing.

I’d gladly give him the benefit of the doubt. But he simply doesn’t deserve it here.

Sorry, Goat. No sale.
 
The thing is a whole bunch of right wing referees posted this story yesterday and they all said that it was evidence Kerry doesn't like the 1A, so you are witnessing those referees tell people what is fact in real time by seeing the video described as such here.
The most important question is why is John Kerry even a thing? The guy is a very mediocre public servant and out of his depth in most things.
 
This subject was coincidentally covered here.



I can't speak for any other countries, but that argument would never survive the US courts.

Saying that platforms "hide behind free speech" wrt to their algorithms indicates that he doesn't believe free speech extends to this -- that while government can't regulate what people say on these platforms, it can regulate what things do or don't get promoted or demoted by the algorithms. And I think he's just simply wrong about that...even if the algorithms are designed to evoke specific emotions or responses.
 
I can't speak for any other countries, but that argument would never survive the US courts.

Saying that platforms "hide behind free speech" wrt to their algorithms indicates that he doesn't believe free speech extends to this -- that while government can't regulate what people say on these platforms, it can regulate what things do or don't get promoted or demoted by the algorithms. And I think he's just simply wrong about that...even if the algorithms are designed to evoke specific emotions or responses.

….and what do we do when it turns out “these people” are actually just bots? Are we protecting bot speech?
 
Bots are software tools, deployed and controlled by people. If you regulate a bot, you regulate its master.

Well, I’m not cool with this “master” disseminating an avalanche of inciting fake opinions into an arena that appears to be made up of real individuals, thereby thumbing the scale. Be it George Soros or Leon Musk, or Putin, or the US Govt. The only real solution currently available is to shut off and delete the app, which is next for me. And maybe that is the only answer.
 
Well, I’m not cool with this “master” disseminating an avalanche of inciting fake opinions into an arena that appears to be made up of real individuals, thereby thumbing the scale. Be it George Soros or Leon Musk, or Putin, or the US Govt. The only real solution currently available is to shut off and delete the app, which is next for me. And maybe that is the only answer.

Of course you can do that. It’s not really a problem for me - in that I don’t find it hard to discern between what is factual and what is not. But it’s everybody’s prerogative to use social media or not.

I’m just saying that the state has no role here. It can’t - which is why John Kerry was lamenting the 1A: he wishes government could regulate speech so that we could only exchange the information they’ve approved for exchange.

But this ain’t China.
 
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Of course you can do that. It’s not really a problem for me - in that I don’t find it hard to discern between what is factual and what is not. But it’s everybody’s prerogative to use social media or not.

I’m just saying that the state has no role here. It can’t - which is why John Kerry was lamenting the 1A: he wishes government could regulate speech so that we could only exchange the information they’ve approved for exchange.

But this ain’t China.

Well, again, this isn’t simple speech. Intermingled with all this real person speech are computer bots generating speech that looks and sounds like speech…..which, by the way, you say you have a full grasp of that which is real and that which is fake. Neither you nor I have that innate knowledge.
In a very short time, these LLMs will be indistinguishable from real language. To be sure, we have a rough road ahead of us.
 
Well, again, this isn’t simple speech. Intermingled with all this real person speech are computer bots generating speech that looks and sounds like speech…..which, by the way, you say you have a full grasp of that which is real and that which is fake. Neither you nor I have that innate knowledge.
In a very short time, these LLMs will be indistinguishable from real language. To be sure, we have a rough road ahead of us.

I didn’t say it was innate knowledge. It has to do with applying skepticism and simply looking elsewhere for corroboration. I’ve sniffed out bogus info plenty of times.
 
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