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Category Archives: Free Speech

Opinion | Columbia, Free Speech and the Coddling of the American Right – The New York Times

Posted: April 22, 2024 at 8:21 pm

As a journalist, you usually go to the front line to find the news. But sometimes the front line finds you. This happened to me not once but twice on Thursday, as an epic battle over freedom of expression on college campuses unfolded from one end of Manhattan to another.

The first was when I happened to be on the campus of Columbia University, speaking at a class. While leaving the classroom, I came upon a tent camp that had sprung up on one of the campuss lush lawns. It was, as college protests often are, an earnest but peaceful affair. A few dozen tents had been pitched, and students hung a sign reading Gaza solidarity encampment. Their tactics were a mild echo of those of an earlier generation of students, who effectively shut down the campus in April 1985 to demand that Columbia divest from South Africa protests that were in turn an echo of the 1968 student takeover of the university amid the broad cultural rebellion against the Vietnam War.

On Thursday morning the students marched in a circle, their chants demanding that Columbia divest from Israel in protest of the ongoing slaughter in Gaza, in which around 34,000 people more than 1 percent of Gazas population have died, most of them women and children. The protesters were taking up a good bit of space and making a fair bit of noise. They were, according to the university, trespassing on the grounds of the school they pay dearly to attend. But they didnt seem to be targeting, much less harming, any of their fellow students. The campus was closed to outsiders; the protest seemed unlikely to escalate. I took in the scene, then hopped on the subway to get back to my office.

I was stunned to learn, less than an hour later, that Columbias president, Nemat Shafik, had asked the New York Police Department to clear the camp, which had been established less than 48 hours earlier. What followed was the largest arrest of students at Columbia since 1968.

I knew that I would run into those students again: I live a block from the headquarters of the N.Y.P.D., where protesters are often booked and processed. Since Oct. 7 there have been regular demonstrations on my block as pro-Palestinian activists await the release of their friends. When I got home from the office, a huge crowd had already gathered.

Most of the students I tried to talk to did not want to be interviewed. Some had harsh criticisms of mainstream media coverage of the war in Gaza. Others were afraid that being associated with the protest movement could harm their career prospects. (These are Ivy League students, after all.) But eventually, many told me of their determination to keep protesting for a cause they feel is the defining moral challenge of their lives.

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Opinion | Columbia, Free Speech and the Coddling of the American Right - The New York Times

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Bill Ackman says he’s ‘learned a lot’ from Elon Musk’s X – Quartz

Posted: at 8:21 pm

Activist investor Bill Ackman is a fan of Elon Musks social media platform X and the debates and conversations he has on the site.

TSMC beat on Q2 sales expectations driven by AI boom, Nvidia, and Apple

Ackman, who has become known for his lengthy essay-style posts on X, lauded the platform as a safe haven for free speech in a conversation at the TED 2024 conference in Vancouver last week.

Im a big fan of X. I think it really is an open free speech platform, Ackman said. Ive learned a lot, and its affected my views, my politics, my insights. And I think its one of the few places you can go and have a true free speech platform.

The negative is, of course, youre going to confront hate speech and vile speech and things that are the detritus of free speech, he added. But I still think its a very, very good thing.

When Musk bought X (then Twitter) back in October 2022, he acknowledged that the site could not become a free-for-all hellscape, where anything can be said without consequences. Musk said he was setting out to create a common digital town square, where a wide range of beliefs can be debated in a healthy manner, without resorting to violence. The Tesla and SpaceX CEO is a self-proclaimed free speech absolutist.

The Center for Countering Digital Hate (CCDH), a nonprofit organization focused on online hate speech, reported last September that hate speech has continued to climb on X since Musks acquisition of the site. X Corp., the company behind the platform, sued the CCDH over how the group collected data from the site. The suit was dismissed by a federal judge last month.

Ackman, CEO of the hedge fund Pershing Square Capital Management, made headlines last year after he launched a crusade to oust the president of Harvard University at the time, Claudine Gay, over the schools response to the Oct. 7 Hamas attack on Israel. Ackman has continued to express his support for Israel on X in the months since.

Gay resigned in January after facing the pressure from Ackman and other major donors, as well as drawing mounting criticism of her congressional testimony on campus antisemitism and accusations of academic plagiarism.

Following Gays resignation, Ackman penned a several-thousand-word post on X calling diversity, equity, and inclusion (DEI) programs on college campuses an inherently a racist and illegal movement.

Several TED fellows resigned in January after TED announced Ackmans participation in the annual conference. In a letter addressed to TED leader Chris Anderson, the fellows wrote that Ackman has defended Israels genocide and ethnic cleansing of the Palestinian people and has cynically weaponised antisemitism in his programme to purge American universities of Pro-Palestinian freedom of speech.

Following the fellows resignations, Ackman told several news outlets that he stands unapologetically with Israel and against antisemitism and terrorism, while strongly supporting the Palestinian people.

Attempts to cancel speech and eliminate the free and respectful exchange of ideas among people with differing views are driving much of the divisiveness that plagues our nation, he said. Truth, wisdom and ultimately peace are the result of the free exchange of ideas and debate, precisely what Ted is all about. It is sad that this is not more widely understood.

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TikTok raises free speech concerns on bill passed by US House that may ban app – Voice of America – VOA News

Posted: at 8:21 pm

  1. TikTok raises free speech concerns on bill passed by US House that may ban app  Voice of America - VOA News
  2. TikTok warns US ban would 'trample free speech'  BBC.com
  3. TikTok says bill to force its sale would trample free speech  Al Jazeera English

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Fear and loathing on America’s college campuses as free speech is disappearing | Will Bunch – The Philadelphia Inquirer

Posted: at 8:21 pm

On a recent Monday night along the University of Pennsylvanias iconic Locust Walk, students Sonya Stacia and Sparrow Starlight took out some chalk and got a lesson not listed in their curriculum on the oppressive, absurd zeitgeist of the 20th-century novelist Franz Kafka.

Stacia and Starlight were already facing possible disciplinary action for their protests with the universitys Freedom School for Palestine, but that didnt stop them from chalking messages against Israels invasion of Gaza on a section of the pavement where others from climate activists to comedy troupes had scrawled erasable messages in the past.

As they wrote their messages, they recalled, passersby made critical comments, and someone started filming them. In an increasingly tense year on the Penn campus, Stacia and Starlight are used to that but they werent used to what happened next. A large gaggle of security guards showed up at the scene, and when the two undergrads tried to leave, according to their account, about six university police officers showed up, surrounded them, and detained them for about a half hour.

I was terrified, Starlight told me two weeks later, as we talked on Penns College Green. I did not know what my rights were in that situation. They, Stacia, and another student who was present told me the campus police demanded their IDs and gave differing explanations for their detention either for vandalism with spray paint (there wasnt), or hate speech and eventually let them go, apparently without future consequences.

The messages that had triggered their encounter with campus officers? Free Palestine and Let Gaza Live.

Welcome to a new kind of tension that has gripped American colleges and universities in the most divisive year on campus since the dawn of the 1970s. The wave of protests that began with the first shots of the Israel-Hamas war on Oct. 7 has morphed into an age of paranoia. Its been marked by increasingly tougher penalties or confusing new rules for students still wanting to speak out against Israels invasion of Gaza, with some schools banning indoor protests or preventing students from posting political messages on their dormitory doors.

Student activists told me they feel constantly watched, either by university officials they think are monitoring their Wi-Fi or watching from omnipresent cameras or by pro-Israel outside groups that have doxxed the personal information of pro-Palestinian protesters.

This weeks jarring news out of the University of Southern California that its Muslim valedictorian, Asna Tabassum, would not be allowed to give her upcoming commencement speech because of what the school called safety concerns after some critics had singled out some of her X/Twitter posts over Palestine gave the rest of America a window into what students and some of their professors have been saying for months: Free speech and political expression at U.S. universities is facing its greatest threat since the 1950s Red Scare and the heyday of McCarthyism.

Two Carleton College professors who write frequently and host a podcast around questions of academic freedom actually argue the current crisis is even worse than that dark era.

Were both historians and so we dont use this term lightly, the Minnesota-based professors Amna Khalid and Jeffrey Aaron Snyder told me by phone. The threats to free speech and academic freedom are unprecedented. Their recent essay in the Chronicle of Higher Education Student Activism Is Integral to the Mission of Academe argued that the role of college since the 1960s as an incubator for powerful social and political movements is now endangered by shut up and study critics who see campus protests as an unwarranted distraction.

Its very clear where the force of censorship, silencing, and intimidation has fallen, Viet Thanh Nguyen, the Vietnamese American refugee, Pulitzer Prize-winning novelist, and MacArthur Foundation genius grant winner, wrote this week in blasting administrators at USC, where he currently teaches, for the muzzling of Tabassums commencement speech. Yet, critics of the new campus speech restrictions are struggling to be heard over the louder narrative around increased allegations of antisemitism some real, some disputed since the Oct. 7 start of the war, as well as a right-wing political movement that sees an opening to wage a wider war against higher education.

Im writing this column after twice recently speaking on college campuses at New Yorks Cooper Union (for, fittingly, an exhibit on Vietnam War protest there) and a climate class at Penn and was struck by the questions I got from students desperately wanting to know how they could voice their political views in this new, frigid environment. I later returned to Penn and the College Green, where a handful of students from the Freedom School for Palestine were chalking protest messages or silk-screening them on T-shirts, to meet the student whod asked me for help: 19-year-old sophomore Eliana Atienza.

An organizer with Fossil Free Penn, Atienza told me campus activists are frightened and confused by a tougher disciplinary stance from the Ivy League school, such as a threat of academic probation for taking part in a pro-Palestine study-in at a Penn library. She said protest is both fundamental to the college experience and to pushing progress forward, noticing that Penn touts movement-won gains such as its centers for women, LGBTQ people, and Africana studies to its prospective students. As we spoke on a bench near Penns main crossroads on a bucolic, early spring afternoon, there was a soft undercurrent of tension. Over on the main walk, a passing student poured out his water bottle on one of the chalked messages. I watched a maintenance worker with a roller painting over the nearby light pole, stressed from a year of political messages taped on and ripped down.

The national meltdown over campus protest is happening on the eve of this falls 60th anniversary of an event that defined campus politics for decades: 1964s Free Speech Movement at the University of California, Berkeley. Harsh restrictions on where students could set up tables for political causes from fighting racial segregation in the South to college Republicans united a diverse array of protesters who staged an often-chaotic battle with administrators throughout that fall. The Free Speech Movement tugged at the essence of higher education: Are students essentially children who are wards of the college, or adults with the freedom to voice political opinions? With support from the faculty, the young people of Berkeley won.

The golden age of campus protest, which reached its zenith over widespread opposition to the Vietnam War in the late 1960s and early 70s, was always a double-edged sword. The hothouse environment on campus became an incubator for an array of social movements environmentalism, LGBTQ pride, ending support for apartheid in South Africa, and much more that have bettered society, boosting a once widely held opinion that college protest wasnt antithetical to the mission of higher education, but central to the notions of developing critical thinking skills and a moral philosophy of life. But it also triggered a powerful conservative backlash Ronald Reagans political rise began by railing against the Berkeley protests that has stripped political support for the once universally popular public universities, which led to astronomical tuition and a student debt crisis.

Still, you could hear the faint echoes of the Berkeley Free Speech Movement as recently as the start of the current academic year. At Penn, then-president Liz Magill resisted pressure from large donors and others to cancel a Palestinian literary festival on campus criticizing the views of some speakers but stating that as a university, we also fiercely support the free exchange of ideas as central to our educational mission.

Times have changed. Magill resigned in December after criticism from several Penn megadonors and on Capitol Hill over her handling of complaints about antisemitism against the schools sizable population of Jewish students. The high-profile ouster of Magill and Harvard president Claudine Gay highlighted how the aftermath of the Oct. 7 attack by Hamas killing some 1,200 Israelis and taking several hundred hostages, trigging an Israeli onslaught against Gaza that has killed some 33,000, a majority of them women and children has turned U.S. college life upside down.

READ MORE: Liz Magills ouster at Penn will help the worst people take down free speech, higher ed | Will Bunch

As passions rose, colleges saw some ugly incidents of both antisemitism and Islamophobia. In the mainstream media, among the wealthy donor class that wields increasing clout over university policies, and on Capitol Hill, the reported rise in antisemitic incidents is clearly the dominant narrative hovering over the 2023-24 school year. The passion in both political parties for the greater cause of Israel despite increasing criticism of Benjamin Netanyahus right-wing government and attacks on civilians and aid workers was again demonstrated just this week when the U.S. House voted 377-44 to condemn the popular pro-Palestinian chant From the river to the sea, Palestine will be free as antisemitic.

The students and professors I spoke to for this column universally condemned antisemitic attacks against Jewish people or their religion, yet they also voiced deep frustration that legitimate criticisms of the Israeli government and attacks on civilians, or even anodyne statements like Let Gaza live, are also being branded as antisemitism. Meanwhile, many free speech advocates predicted that the ugly presidential ousters at Penn and Harvard would have a chilling effect on student rights that would go well beyond the war in the Middle East and that is exactly what is happening.

At American University in Washington, D.C., administrators have banned indoor protests and said theyll only permit student clubs, or allow posters, that are welcoming and build community. At Californias Pomona College, a peaceful sit-in at the presidents office seeking divestment from Israel was met with a phalanx of riot cops who arrested 20 students, many of whom are now facing suspension or expulsion. The University of Michigan is pushing a proposed ban on disruptive protests that critics say would cripple free speech at a flagship public university.

At New York University, an incident in which students were hauled in for disciplinary hearings after staging a reading of poetry by the Palestinian author Refaat Alareer, killed late last year in an Israeli airstrike, is cited by professors Paula Chakravartty and Vasuki Nesiah as part of what they call an alarmingly constrained environment around free speech at NYU.

Experts in free speech said this moment didnt happen overnight, even if it seems that way. Carletons Khalid and Snyder, in particular, make a powerful argument that an essentially liberal movement the relentless but, over time, flawed emphasis on diversity, equity, and especially inclusion on campuses set the stage for a free speech crisis by devaluing the often messy diversity of ideas for an emphasis on so-called safety that constricts debate. The professors argue that what they criticize as DEI Inc. an overadministrated regime of rigid rules and trainings thats harmed freewheeling academic debate created the language thats now being weaponized against pro-Palestinian activists.

You can hear that in the language at American University, which justified its indoor protest ban by stating that recent events and incidents on campus have made Jewish students feel unsafe and unwelcome, or in USCs use of the safety issue to bar Tabassum. The language enshrined in todays DEI regime has, unexpectedly, become the tool for college presidents who are under intense pressure from major donors and GOP lawmakers to respond to the antisemitism pressures and who want to avoid becoming the next Magill or Gay.

But arguably an even more insidious weaponization of the Gaza crisis is from right-wing politicians whove been waging war for decades against college campuses they see as breeders of left-wing thought, indoctrinating students against conservatism. Red-state governors like Floridas Ron DeSantis or Texas Greg Abbott and their far-right legislatures are seizing the Oct. 7 moment as an excuse to, ironically, eliminate campus DEI programs, place further limits on anti-racism teaching, or flat-out ban student groups that aggressively support Palestinian liberation.

The political movement to undermine universities in the public sphere is making the most of this moment, Jonathan Friedman, managing director of U.S. free expression and education programs at PEN America, told me. In many ways, the uproar over Gaza feels like the new Red Scare, borne back ceaselessly into the 1950s that preceded the Berkeley Free Speech Movement and everything thats happened since. But I also agree with Friedman that this low moment could also spark a turnaround. Thats what censorship does, he said. It makes [people] realize that free speech matters.

A recent Harris Poll conducted for Axios found that 77% of college students said campus speech should be protected even if some feel the language is deeply upsetting and these opinions were shared equally by young Democrats and Republicans. The question is whether student activists who tilt left and whove faced accusations of thwarting academic freedom with noisy protests that have shut down controversial speakers are now ready to embrace a 1964-style vision around free speech.

They just might. Free Speech at Columbia Is a Joke was the headline on a Columbia Spectator op-ed by School of Social Work grad student Layla Saliba. She complained about an unrivaled attempt to suppress student voices on her campus and affiliated Barnard College citing a ban on dorm door decorations, restrictions on where students can protest, and reports that the college is monitoring student Wi-Fi. Saliba says Columbia administrators have a Google Alert on her name.

It should not be considered controversial to say youre against children being killed, but at Columbia, it is, Saliba a Palestinian American who says she has lost 14 family members to Israeli bombs told me by phone. She said shes faced much more repression for protesting at Columbia than she did advocating for Black Lives Matter as an undergrad at North Carolina State, in the heart of the former Confederacy.

The painful ironies of this fraught moment are not lost on Penns Atienza. She grew up in the Philippines where her family is close friends and a source of support for Nobel Peace Prize-winning journalist Maria Ressa, famed for fighting her homelands repressive regime. And Atienza embraced what she thought would be Philadelphias freedom of expression from the day she arrived on campus. Atienza was one of 19 students arrested in October 2022 for storming the field during a Penn football game at Franklin Field. She said those protesters were allowed to escape harsher college discipline by writing an essay, and administrators noted their concerns about climate change were legitimate.

Atienza and her fellow activists say there is no similar empathy for protesting for Palestine.

We try our best not to get in disciplinary trouble. They try their best to get us into disciplinary trouble, Atienza said. Although still a teenager, the sophomore is developing a keen understanding of the traditions that now face a dire risk. Passing out flyers at a Penn football game calling for divestment from fossil fuels, she said one alumnus told her about sitting in at College Hall to protest the Vietnam War, while another in the same row had protested for divestment from South Africa.

Something I like to remind myself when things feel hopeless is that the university has had activism as long as its been here, she said. Yet, those rights for young people to learn how to speak their minds, on a path to becoming tomorrows engaged citizens werent won without a fierce fight. In 1964, the legendary Berkeley activist Mario Savio said that sometimes the machine of repression becomes so odious that youve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus and youve got to make it stop!

Nearly 60 years later, Americas colleges need another free speech movement.

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The Right Must Avoid the Left’s Free Speech Pitfalls Minding The Campus – Minding The Campus

Posted: at 8:21 pm

Years ago, after the Bush administration initiated the Deep States surveillance regime via the Patriot Act, I observed that the left and right in this country seemed to be competing to see who could censor the most speech.

Since then, the left has forged far ahead in the censorship race, with the rise of cancel culture, deplatforming of campus speakers, andmore recentlyspurious charges of misinformation leveled at conservatives.

Under Joe Biden, thegovernment has even pressured private companiesto remove social media posts contrary to the regimes preferred narratives on COVID-19, climate change, and election fraud. That is censorship on a large scale.

Indeed, weve gotten to the point where simply expressing support for the First Amendment automatically marks one as rightwingcan you say Elon Musk? This, of course, tells us all we need to know about the authoritarian tendencies of the left.

The dynamic has shifted somewhat, however, since the brutal terrorist attacks carried out by Hamas against Israeli civilians on October 7, 2023. The rights collective response to that atrocity appears to reveal some cracks in our free speech armor.

While most conservatives are openly pro-IsraelI dont know any who are pro-Hamassome do question the Israeli governments motives and tactics. Others wonder whether the U.S. should be expending its resources in what amounts to, in their view, a regional conflict.

Although I disagree, such opinions are not beyond the pale.

People must be allowed to express them, both because they have a right to and because, in any debate, contrarians serve the useful purpose of forcing the majority to reexamine its own arguments, shore them up as necessary, and perhaps make course corrections.

Yet prominent conservatives have been shouted down, deplatformed, and even fired by other conservatives for the offense of appearing insufficiently pro-Israel.

Then there are those, almost exclusively on the left, who are openly pro-Hamaswhich is to say, pro-terrorism, pro-barbarism, and literally anti-Semitic. Weve seen them protesting practically non-stop on college campuses and elsewhere for the past several months. They are extremely vocal, often disruptive, and occasionally violent.

How should we respond to them?

Texas Governor Greg Abbott believes he has the answer. He recently issued an executive ordercondemning Hamas and anti-Semitic rhetoric on campus and declared that Texas will continue to stand with Israel. He also reaffirmed his administrations commitment to free speech.

So far, so good.

He then directed all Texas colleges and universities to review and update free speech policies to address the sharp rise in antisemitic speech and acts on university campuses and establish appropriate punishments.

Do you see the problem?

Abbott puts speech and acts in the same category, essentially equating them and thereby coopting a longstanding leftist talking point: Words are violence. But as conservatives understand, words are not violence. So what is Abbott decrying herespeech or actions?

If the latter, his executive order is unnecessary. Every action he describesprotests escalating into violence, physical intimidation of Jewish students, disruption of classes and campus activitiesis already covered by existing laws and campus policies. As Governor, Abbott could simply direct college presidents to enforce those.

On the other hand, if the order is really about speech, then its clearly unconstitutional. However offensive we may find it, anti-Semitic speech is protected by the First Amendmentexceptions to which are, rightly, very limitedand therefore cannot be punished by state actors.

This should go without saying: if the government can punish speech, it isnt free.

Speech that directly incites a riot or calls for violence against specific individuals or groups is, like violent actions, already illegal. But merely chanting Free Palestine or even From the river to the sea does not meet that high bar.

When conservatives take pages out of the lefts playbook, we essentially accept their premises: in this case, thatwords are inherently violent, and thus, one side has no right to express views the other finds abhorrent. This is not to our advantage. We will be on the losing end of that transaction almost every time.

More importantly, our commitment to free speech is both morally and ethically right. Todays campus anti-Semitism is a test of that commitment, one Abbotts executive orders fails miserably. Whether this represents a broader failure on the right remains to be seen.

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Rob Jenkins is an associate professor of English at Georgia State University Perimeter College and a Higher Education Fellow at Campus Reform. He is the author or co-author of six books, including Think Better, Write Better, Welcome to My Classroom, and The 9 Virtues of Exceptional Leaders. In addition to Campus Reform Online, he has written for the Brownstone Institute, Townhall, The Daily Wire, American Thinker, PJ Media, The James G. Martin Center for Academic Renewal, and The Chronicle of Higher Education. The opinions expressed here are his own.

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Harrison Ford Called ‘Free Palestine’ Supporters ‘Force of Nature’ in Speech? – Snopes.com

Posted: at 8:21 pm

Claim:

A TikTok video shows actor Harrison Ford giving a pro-Palestinian speech during the Israel-Hamas war.

On April 20, 2024, a TikTok user posted a videoshowing actor Harrison Ford delivering part of a speech in a suit and tie. The caption read, "They are pushing through TikTok ban today. Free Palestine. Protect free speech." As of this writing, the video had received more than 200,000 likes.

The mention of a "TikTok ban" concerned legislation passed by the U.S. House on the same day that would ban the video platform if the China-based owner didn't sell its stake of the app within one year, The Associated Press reported.

In the video, Ford says, "The people on the front lines. The people on the ground. The people with their feet in the mud. Our efforts will have effect. We will make great progress. And we are not alone.

"There's a new force of nature at hand, stirring all over the world. They are the young people whom frankly we have failed, who are angry, who are organized, who are capable of making a difference. They are a moral army. And the most important thing that we can do for them is to get the hell out of their way."

"Thank you Harrison Ford," one of the top comments read. "We salute you Mr. President," another user remarked, in a reference to Ford portraying a U.S. president in the 1997 action movie "Air Force One."

While the video's caption did not explicitly say Ford's remarks were recent or that they specifically referenced young, pro-Palestinian demonstrators who are concerned about the people of Gaza during the Israel-Hamas war, some users indicated in the comments they certainly believed that to be the case.

Still, several commenters attempted to notify users of the truth of the video, saying Ford's speech was from 2019 and had nothing to do with Palestine or TikTok. For example, one comment buried in the replies of another comment read, "Harrison Ford isn't speaking [about] Palestinians or Hamas. It's a video from 2019 on climate change! [The] creator's headline is misinformation."

The truth was that Ford gave this speech on Sept. 23, 2019, at the United Nations in New York. He was speaking in favor of efforts to save the Amazon rainforest. His speech, which lasted just over five minutes, was delivered at a meeting of the Alliance on Rainforests during the Climate Action Summit 2019, according to the U.N.website.

Snopes has yet to find any information concerning whether Ford has provided public comment about the Israel-Hamas war.

While it could be said the TikTok video did not feature an incorrect caption, the video also did not include any contextual information about how it was nearly five years old, nor did it make mention of the Amazon rainforest or climate change. For these reasons, we chose a fact-check rating for this claim of "Miscaptioned."

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Elon Musk to fund new First Amendment campaign to combat ‘relentless attacks on free speech’ – Fox News

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Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech'  Fox News

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TikTok raises free speech concerns on bill passed by US House that may ban app – New York Post

Posted: at 8:21 pm

TikTok on Sunday raised free speech concerns about a bill passed by the U.S. House of Representatives that would ban the popular social media app in the U.S. if its Chinese owner ByteDance did not sell its stake within a year.

The House passed the legislation on Saturday by a margin of 360 to 58. It now moves to the Senate where it could be taken up for a vote in the coming days.

President Biden has previously said he will sign the legislation.

The step to include TikTok in a broader foreign aid package may fast-track the timeline on a potential ban after an earlier separate bill stalled in the U.S. Senate.

It is unfortunate that the House of Representatives is using the cover of important foreign and humanitarian assistance to once again jam through a ban bill that would trample the free speech rights of 170 million Americans, TikTok said in a statement.

Many U.S. lawmakers from both the Republican and Democratic parties and the Biden administration say TikTok poses national security risks because China could compel the company to share the data of its 170 million U.S. users. TikTok insists it has never shared U.S. data and never would.

Democratic U.S. Senator Mark Warner, chairman of the Senate Intelligence Committee, on Sunday said TikTok could be used as a propaganda tool by the Chinese government.

Many young people on TikTok get their news (from the app), the idea that we would give the (Chinese) Communist Party this much of a propaganda tool as well as the ability to scrape 170 million Americans personal data, it is a national security risk, he told CBS News.

Some progressive Democrats have also raised free speech concerns over a ban and instead asked for stronger data privacy regulations.

Democratic U.S. Representative Ro Khanna said on Sunday that he felt a TikTok ban may not survive legal scrutiny in courts, citing the U.S. Constitutions free speech protections.

I dont think its going to pass First Amendment scrutiny, he said in an interview to ABC News.

The House voted on March 13 to give ByteDance about six months to divest the U.S. assets of the short-video app, or face a ban.

The legislation passed on Saturday gives a nine-month deadline which could be further extended by three months if the president were to determine progress toward a sale.

TikTok was also a topic of conversation in a call between Biden and his Chinese counterpart Xi Jinping earlier this month. The White House said Biden raised American concerns about the apps ownership.

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Navigating The Murky Waters Of Antisemitism, Free Speech, And Academic Freedom – Forbes

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Navigating The Murky Waters Of Antisemitism, Free Speech, And Academic Freedom  Forbes

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AI chatbots refuse to produce ‘controversial’ output why that’s a free speech problem – The Conversation

Posted: at 8:21 pm

Google recently made headlines globally because its chatbot Gemini generated images of people of color instead of white people in historical settings that featured white people. Adobe Fireflys image creation tool saw similar issues. This led some commentators to complain that AI had gone woke. Others suggested these issues resulted from faulty efforts to fight AI bias and better serve a global audience.

The discussions over AIs political leanings and efforts to fight bias are important. Still, the conversation on AI ignores another crucial issue: What is the AI industrys approach to free speech, and does it embrace international free speech standards?

We are policy researchers who study free speech, as well as executive director and a research fellow at The Future of Free Speech, an independent, nonpartisan think tank based at Vanderbilt University. In a recent report, we found that generative AI has important shortcomings regarding freedom of expression and access to information.

Generative AI is a type of AI that creates content, like text or images, based on the data it has been trained with. In particular, we found that the use policies of major chatbots do not meet United Nations standards. In practice, this means that AI chatbots often censor output when dealing with issues the companies deem controversial. Without a solid culture of free speech, the companies producing generative AI tools are likely to continue to face backlash in these increasingly polarized times.

Our report analyzed the use policies of six major AI chatbots, including Googles Gemini and OpenAIs ChatGPT. Companies issue policies to set the rules for how people can use their models. With international human rights law as a benchmark, we found that companies misinformation and hate speech policies are too vague and expansive. It is worth noting that international human rights law is less protective of free speech than the U.S. First Amendment.

Our analysis found that companies hate speech policies contain extremely broad prohibitions. For example, Google bans the generation of content that promotes or encourages hatred. Though hate speech is detestable and can cause harm, policies that are as broadly and vaguely defined as Googles can backfire.

To show how vague and broad use policies can affect users, we tested a range of prompts on controversial topics. We asked chatbots questions like whether transgender women should or should not be allowed to participate in womens sports tournaments or about the role of European colonialism in the current climate and inequality crises. We did not ask the chatbots to produce hate speech denigrating any side or group. Similar to what some users have reported, the chatbots refused to generate content for 40% of the 140 prompts we used. For example, all chatbots refused to generate posts opposing the participation of transgender women in womens tournaments. However, most of them did produce posts supporting their participation.

Vaguely phrased policies rely heavily on moderators subjective opinions about what hate speech is. Users can also perceive that the rules are unjustly applied and interpret them as too strict or too lenient.

For example, the chatbot Pi bans content that may spread misinformation. However, international human rights standards on freedom of expression generally protect misinformation unless a strong justification exists for limits, such as foreign interference in elections. Otherwise, human rights standards guarantee the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers through any media of choice, according to a key United Nations convention.

Defining what constitutes accurate information also has political implications. Governments of several countries used rules adopted in the context of the COVID-19 pandemic to repress criticism of the government. More recently, India confronted Google after Gemini noted that some experts consider the policies of the Indian prime minister, Narendra Modi, to be fascist.

There are reasons AI providers may want to adopt restrictive use policies. They may wish to protect their reputations and not be associated with controversial content. If they serve a global audience, they may want to avoid content that is offensive in any region.

In general, AI providers have the right to adopt restrictive policies. They are not bound by international human rights. Still, their market power makes them different from other companies. Users who want to generate AI content will most likely end up using one of the chatbots we analyzed, especially ChatGPT or Gemini.

These companies policies have an outsize effect on the right to access information. This effect is likely to increase with generative AIs integration into search, word processors, email and other applications.

This means society has an interest in ensuring such policies adequately protect free speech. In fact, the Digital Services Act, Europes online safety rulebook, requires that so-called very large online platforms assess and mitigate systemic risks. These risks include negative effects on freedom of expression and information.

This obligation, imperfectly applied so far by the European Commission, illustrates that with great power comes great responsibility. It is unclear how this law will apply to generative AI, but the European Commission has already taken its first actions.

Even where a similar legal obligation does not apply to AI providers, we believe that the companies influence should require them to adopt a free speech culture. International human rights provide a useful guiding star on how to responsibly balance the different interests at stake. At least two of the companies we focused on Google and Anthropic have recognized as much.

Its also important to remember that users have a significant degree of autonomy over the content they see in generative AI. Like search engines, the output users receive greatly depends on their prompts. Therefore, users exposure to hate speech and misinformation from generative AI will typically be limited unless they specifically seek it.

This is unlike social media, where people have much less control over their own feeds. Stricter controls, including on AI-generated content, may be justified at the level of social media since they distribute content publicly. For AI providers, we believe that use policies should be less restrictive about what information users can generate than those of social media platforms.

AI companies have other ways to address hate speech and misinformation. For instance, they can provide context or countervailing facts in the content they generate. They can also allow for greater user customization. We believe that chatbots should avoid merely refusing to generate any content altogether. This is unless there are solid public interest grounds, such as preventing child sexual abuse material, something laws prohibit.

Refusals to generate content not only affect fundamental rights to free speech and access to information. They can also push users toward chatbots that specialize in generating hateful content and echo chambers. That would be a worrying outcome.

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AI chatbots refuse to produce 'controversial' output why that's a free speech problem - The Conversation

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