Daily Archives: March 24, 2024

Microsoft faces bipartisan criticism for alleged censorship on Bing in China – The Register

Posted: March 24, 2024 at 4:43 pm

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Microsoft faces bipartisan criticism for alleged censorship on Bing in China - The Register

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NRA case shows the Supreme Court must stop informal censorship – Foundation for Individual Rights and Expression

Posted: at 4:43 pm

This article originally appeared in Bloomberg Law on March 18, 2024.

If the First Amendment stands for anything, it stands for the idea that a government official cant go after you just because someone doesnt like what you say. But thats exactly what New York state officials did in NRA v. Vullo, a case to be argued before the US Supreme Court this term.

The Supreme Court should stop government officials in New York and nationwide from using informal means to punish speakers based on their viewpoints, no matter how unpopular.

Its no secret that the National Rifle Association, known to most as the NRA, is controversial.

The NRA is the nations best-known advocate for the right to bear arms. But rather than duke it out with the NRA in the marketplace of ideas, the Superintendent of the New York State Department of Financial Services Maria Vullo allegedly took a more pernicious approach: She used the power of her position to pressure insurance companies into refusing to insure the NRA because of its advocacy and its views, according to the NRAs claims.

After the 2018 mass school shooting in Parkland, Fla., Vullo met with executives at Lloyds of London to discuss her views on gun control and to tell them she believed the companys underwriting of NRA-endorsed insurance policies raised regulatory issues, the NRA alleges. She told them Lloyds could avoid liabilitybut only if the company told its syndicates to stop underwriting their insurance policies, and joined her agencys campaign against gun groups, according to the NRAs brief.

Lloyds publicly broke ties with the NRA a few months later.

But Vullo didnt stop there. She then allegedly issued guidance letters to all insurance companies and banks operating in the stateentities directly regulated by her agencyadvising them to evaluate their business risks, including reputational risks, that may arise from their dealings with the NRA or similar gun promotion organizations. In other words: Think twice about the company you keep and the views they express.

Government actors at all levels have grown more creative in their efforts to evade the First Amendment. The court should take a strong stance against New Yorks actions here to protect not only the NRA, but all Americans from illegal government coercion.

New York, if these facts are true, tried to circumvent the First Amendments ban on censorship by relying on this informal pressure campaign. But informal censorship violates the First Amendment, too. The First Amendment looks to the substance of government actions, not just the form those actions take. And while the government is free to try and convince others to adopt its ideas, it crosses a constitutional line when it attempts to coerce them, especially when it employs thinly-veiled threats of prosecution or regulatory action.

The Supreme Court should use this case to provide clear guidance on why informal actions to suppress speech subvert the rule of law. In many cases, informal censorship can be worse violations of the First Amendment, because when government officials operate behind closed doors, its more difficult for the public to hold them accountable.

A clearly structured test to identify informal censorship will help courts crack down on governments attempts to do end-runs around the First Amendment. That test should consider several indicators of unconstitutional coercion, including things like whether the official is speaking in their official capacity, whether the official makes veiled threats about potential prosecutions or lawsuit, and the officials word choice and tone, among others.

Government actors at all levels have grown more creative in their efforts to evade the First Amendment. The court should take a strong stance against New Yorks actions here to protect not only the NRA, but all Americans from illegal government coercion.

The case is National Rifle Association of America v. Vullo, U.S., No. 22-842, to be argued 3/18/24.

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NRA case shows the Supreme Court must stop informal censorship - Foundation for Individual Rights and Expression

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Is Fighting Misinformation Censorship? The Supreme Court Will Decide. – Reply All | Gimlet

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Is Fighting Misinformation Censorship? The Supreme Court Will Decide.  Reply All | Gimlet

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The censorship industry and it’s connection to Israel – JNS.org

Posted: at 4:43 pm

(March 20, 2024 / JNS)

Journalist Caroline Glick interviews Mike Benz, the executive director of the Foundation for Freedom Online, about the efforts by the Democratic Party and other government agencies to censor their opponents. They discuss how this happens not only on a domestic level but also an international one.

Watch The Caroline Glick Show!

You have read 3 articles this month.

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The censorship industry and it's connection to Israel - JNS.org

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How to improve Chinese TV? Better censorship, says top tellie-maker – The Register

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How to improve Chinese TV? Better censorship, says top tellie-maker  The Register

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Up First briefing: Putin wins Russian election; SCOTUS censorship case – NPR

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Up First briefing: Putin wins Russian election; SCOTUS censorship case Putin hails his victory in a Russian election with no real opposition. The Supreme Court will hear arguments in a case that examines whether the government can combat misinformation online.

Good morning. You're reading the Up First newsletter. Subscribe here to get it delivered to your inbox, and listen to the Up First podcast for all the news you need to start your day.

At a news conference in Moscow hours after polls closed, Russian President Vladimir Putin thanked his country for its support following a three-day election. He also commented on the death of the opposition leader Alexei Navalny for the first time. Partial results show Putin easily winning a fifth term. Western countries are saying the vote was neither free nor fair.

Russian President Vladimir Putin gestures while speaking on a visit to his campaign headquarters after a presidential election in Moscow, Russia, early Monday. Alexander Zemlianichenko/AP hide caption

Russian President Vladimir Putin gestures while speaking on a visit to his campaign headquarters after a presidential election in Moscow, Russia, early Monday.

Former President Donald Trump is making headlines again for comments he made about Jan. 6 rioters, immigrants, asylum seekers and the U.S. auto industry at a campaign rally in Ohio this weekend. Trump warned that "it's going to be a bloodbath for the country" if he's not elected referring to the auto industry and his plans to increase tariffs on foreign-made cars.

The Supreme Court is set to hear arguments today on a case focused on the federal government's ability to combat what it sees as false, misleading, or dangerous information online. The case will be a test of First Amendment rights in the internet age. An appeals court ruled last September that key government officials, including those in the White House, CDC and FBI, could not communicate with social media companies. The court said these officials likely violated First Amendment rights by pressuring the companies to moderate or change content about the COVID pandemic, election interference and more. The court is also expected to hear a case about government influence and First Amendment rights related to the National Rifle Association after it finishes arguments on the social media case.

When Israel launched its military response to the Oct. 7 Hamas-led attacks, it told Palestinians in northern Gaza to evacuate and head south. When the Israeli military operation moved to central Gaza, Palestinians were again ordered to move south. Now, five months into the war, Gaza's southernmost town of Rafah is seeing a mass displacement of an estimated 1.5 million people sheltering there more than half of Gaza's population.

Keith Haring's carousel at Luna Luna in Los Angeles. Jeff McLane/Photo by Jeff McLane hide caption

Keith Haring's carousel at Luna Luna in Los Angeles.

Canadian rapper Drake has helped recreate an iconic 1980s art carnival from Hamburg, Germany, in Los Angeles. The original Luna Luna festival, which was the brainchild of Austrian multimedia artist Andre Heller, featured work from the top contemporary artists of the 20th century, including Jean-Michel Basquiat and Roy Lichtenstein

See photos from the revived Luna Luna festival and learn more about this amusement park of art.

The FBI Boston Division recovered 22 artifacts stolen from Japan, including the artwork above. During World War II, various treasures from the Ryukyu Kingdom were stolen. The Federal Bureau of Investigation hide caption

The FBI Boston Division recovered 22 artifacts stolen from Japan, including the artwork above. During World War II, various treasures from the Ryukyu Kingdom were stolen.

This newsletter was edited by Majd Al-Waheidi. Mansee Khurana contributed.

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Up First briefing: Putin wins Russian election; SCOTUS censorship case - NPR

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Elon Musk calls X number one source of news in the worldand also a hardcore, player versus player platform – Fortune

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Elon Musk calls X number one source of news in the worldand also a hardcore, player versus player platform  Fortune

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Asking is not censorship: No First Amendment bar for government to talk to publishers – New York Daily News

Posted: at 4:43 pm

We receive phone calls (or emails or text messages) all the time from government people urging us to write one way or the other, or not to write at all. The officials are from the local, state and federal level, both legislative and executive. Some are elected types. Some are appointed types. Some are career civil servants. And some are staff of the elected or the appointed.

And its not just this Editorial Board; our colleagues elsewhere at the Daily News get the same entreatments, as do our competitors at other news organizations.

Once, some of these specialized employees were called press agents, now they carry titles like press secretary and communications director and senior advisor. But whoever is making the outreach, from the president to the dog catchers deputy assistant, its all allowed with the open exchange of ideas. It is not censorship of the media. And none of it is abridging the freedom of the press as prohibited under the First Amendment.

That was the question before the U.S. Supreme Court yesterday as the justices considered a ruling from the lower courts that found the Biden administration had managed to violate the First Amendment by asking social media companies to curb some of the crazy conspiracy junk and medical garbage about COVID.

The altruistic public health motive was to get Americans to wear masks and take the vaccine and not drink bleach, but the Republican attorneys general of Missouri and Louisiana sued and won a ruling from a Louisiana federal judge that the government could not talk to the social media providers in this manner. An appeals panel upheld the bad decision. The Supremes should now knock it down.

The federal employees reaching out to highlight some of the nutty anti-vax ravings and other nonsense on the sites (often going against the sites own rules) were perfectly within their authority to make contact and ask for changes. Just like we get asked by government employees to support their positions or programs. Its not only the press that can ask. But we dont have to answer and we dont have to obey. The same for social media.

Thankfully, it sounded from Mondays oral argument that most of the nine justices took that view and didnt see any First Amendment problem or censorship. No one forced Twitter or Facebook to do anything and there were no threats of using government power for retaliation.

Even if the Biden administration had demanded that the dangerous and insane information be removed (which didnt happen) it would still have been allowed. The social media networks were free to hang up and tell the government to get lost.

We and the rest of the press (including social media) can publish unpopular ideas. We can even publish provably wrong ideas, like the Earth is flat (it is not). And we can also publish provably wrong ideas that are dangerous, like playing in traffic is cool and fun, and the government can argue all they want against it, but they cant stop us.

If they did come to seize the presses that we print on and grab the internet sites we publish with, that is censorship that is barred by the Constitution. Otherwise, its just words.

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X-Men: The Animated Series was defined by its censors – Polygon

Posted: at 4:43 pm

After much anticipation, X-Men 97, a direct continuation to X-Men: The Animated Series from the 1990s, hits Disney Plus this week. But its not the first time Marvel has dusted off the old series and revived it for a nostalgic new millennium.

Marvel Comics itself took a swing with X-Men 92, published in 2015 and technically a Secret Wars tie-in (but dont worry about it). For 92, writers Chad Bowers and Chris Sims and artist Scott Koblish had to figure out how to make a comic book story that felt like a beloved cartoon show closely based on 90s comics, without just replicating 90s comics themselves. X-Men: The Animated Series definitely had its own vibe but blocky animation doesnt translate to still images, and once you put character designs ripped right out of the comics back on the page, they just look like theyre from comics. Rogue and Gambits outrageous accents? From the comics. Storms operatic diction? The comics.

X-Men: The Animated Series was beloved because it was a truly excellent introduction not just to the characters of the X-Men, but their most compelling comic book storylines or at least as close as the folks behind the show could get given television standards of the time. And so Bowers and Sims and Koblish made an interesting choice: According to their X-Men 92, the thing that makes a story feel like the 92 animated series is censorship.

In the realm of cartoon adaptations of long-running comics series, X-Men: The Animated Series has always set itself apart by how closely it mimicked the comics it was based on. You could almost call The Animated Series more of a translation than an adaptation, with the way it directly adapted even comics stories published during the shows run.

Or at least, it adapted them as best as it could given a very different set of content standards.

Shall we go down the list? No cussing, so everyone, even Wolverine, uses incredible minced oaths. Every bad guy must show signs of life after theyve been knocked down. Minimize direct and implied references to sex, religion, drugs, torture, funerals, and also any word derived from kill. And no blood! Sure, Wolverines got a healing factor, but we cant show him getting bashed up too bad or running around too naked (comics love this). Instead, lets emphasize his enhanced senses. And make sure the Sentinels are front and center; censors are totally fine with slicing and dicing robots or electrocuting them with Storms lightning, blasting holes through them with Cyclops force beams, bashing them to bits with Rogues super strength, and exploding them with Gambits playing cards.

X-Men wasnt unusual for its era in the restrictions placed on it. But those rules were one thing for shows where Spider-Man or Batman punched bad guys until they hit the floor and groaned. It was quite another for the X-Men, whose most popular guy was a man made of knives who was constantly receiving wounds. And it was even more fraught for a close adaptation of X-Men stories, whose general popularity is locked around soap operatic romantic and sexual tension. Gambit and Rogue dont want to get engaged, folks, they want to have piping-hot impossible-because-of-her-mutation premarital sex.

So when you set out to define what makes an X-Men: The Animated Series-style story different from an X-Men comics-style story, at some point youre just going to be listing all the ways in which the comics stories had to change for kids TV. As a comic series trying to replicate the Animated Series tone, X-Men 92 simply leaned into that, with a story about the X-Men fighting censorship itself.

In 92, the X-Men face a villain they never could have fought in the animated series: Cassandra Nova, a character that could not be more at odds with the 90s era of X-Men if she tried. Cassandra was the first major villain of Grant Morrison and Frank Quitelys New X-Men, a run still renowned today for its radical redefinition of the X-Men. The first page of their first X-Men comic is a splash image of Cyclops and Wolverine casually dismembering a Sentinel, as Cyclops says, pointedly, Wolverine, you can probably stop doing that now.

Cassandra Nova was Morrison and Quitelys first attempt to fill the antagonistic hole left by sweeping Sentinels off the table; a moral inverse to Professor X, who wanted to destroy all that he wanted to uphold. But for 92 Bowers and Sims and Koblish gave Cassandra a new hook this time, she doesnt want to kill all mutants. She wants to bowdlerize all mutants.

She captures the X-Men and either brainwashes them into compliance Wolverine goes pacifist, Gambit puts a promise ring on Rogue and they swear to keep it abstinent until marriage or traps them inside their own minds. In the end, Wolverine regains his claws after re-realizing they can be used to help people; Rogue and Gambit snap out of it when they remember that theres more to being able to touch somebody than sex and marriage. The X-Men win the day, gaining a victory over simplistic reductions of morality.

The team behind X-Men 97 certainly seemed to have asked themselves some of the same questions as the team behind X-Men 92: Is this kids show revival for kids, or the grown adults who loved the first show? Do we preserve the bowdlerized 90s tone? Will it even feel like the real X-Men cartoon without it?

Time has lent a measure of humor to the idea of a Wolverine who cant cut anybody but robots and will only drink beer if someone could reasonably mistake it for soda. Its quaint to look back on a time when kids cartoons were so limited in what they could portray, all because of a presumption of a pearl-clutching public.

Those presumptions have evolved but its worth remembering that they havent gone away. There are new frontiers in the slow battle of attrition between kids TV showrunners and studio censors, and new creators pushing the envelope. After all, youll find every episode of X-Men: 97 on Disney Plus, but you wont find every episode of Bluey.

Heres hoping that in another couple of decades, 2024s broadcast standards seem as quaint as 1997s, bub.

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X-Men: The Animated Series was defined by its censors - Polygon

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Justice Jackson lambasted for ‘concern’ 1st Amendment could ‘hamstring government’ in COVID censorship hearing – Fox News

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Justice Jackson lambasted for 'concern' 1st Amendment could 'hamstring government' in COVID censorship hearing  Fox News

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