#freedom-of-speech

Public notes from activescott tagged with #freedom-of-speech

Wednesday, July 29, 2026

On Friday this week the FTC’s open comment period regarding its “Policy Statement Addressing AI Accuracy” will close, which means that a bunch of very smart, very busy people are wasting a ton of time this week writing up comments that will mostly be ignored by the FTC — but still matter for the record. The whole thing is so ridiculous that a former FTC lawyer has sarcastically requested that the FTC publish a quarterly “schedule of values” so AI companies at least know which ideologies they’re required to support to keep Donald Trump happy.

It’s an unconstitutional sham from an FTC whose chairman, Andrew Ferguson, quite openly sees his job as putting his thumb on the scale of speech to favor the MAGA worldview. Ferguson has been doing this since the very start of his tenure and it doesn’t appear to be slowing down now.

Not to mention that this sets precedent for future administrations to use this power to determine what is biased.

Yet, that’s exactly what this proposed FTC policy is setting up: if AI tools don’t produce properly MAGA-fied outputs, the FTC might go after them, claiming that the outputs are not in line with “consumers’ expectations” (as determined by the MAGA FTC) and thus, “unfair and deceptive.”

Elon Musk’s X has settled a long-running legal battle with a major advertising trade body that it had accused of orchestrating an “illegal boycott” against the social media platform.

The advertisers rejected the allegations, arguing brands had the right to decide where to spend their money themselves rather than be forced to back a particular platform. The case was dismissed in March by a federal judge but X then launched an appeal in April.

In a statement on Wednesday, X Corp and the WFA said they were “putting the litigation . . . behind them”. They added that this “resets the relationship between the two organisations”. No terms of the agreement were disclosed.

The WFA said it “reiterates its commitment to freedom of speech, a principle first included in WFA’s founding constitution back in 1953, and a principle it shares with X”.

In 2024, X dropped Unilever from the lawsuit after it restarted advertising on the platform.

When it filed the lawsuit, Musk posted that “we tried being nice for 2 years and got nothing but empty words. Now, it is war.”

Musk has had other run-ins with advertisers, including telling them “go fuck themselves” after advertising revenues fell after his takeover. X last year merged with xAI, Musk’s artificial intelligence company, which has in turn combined with SpaceX.

Moscow has effectively throttled the service as part of a wider campaign to ​cut off access to foreign tech platforms and tighten control over the internet.

Russians can only access Telegram now by using a VPN ​to encrypt traffic and conceal their location. Yet state bodies including the Kremlin and the defence ministry continue to post ⁠to it on a daily basis.

In statements, the FSB and the state Investigative Committee said a chatbot available on Telegram called "Daivinchik/Leo" had been ​used by Ukrainian special services to recruit young Russians to carry out sabotage and terrorist operations.

Daivinchik/Leo is a popular dating chatbot in Russia, where Tinder is no longer available. The statement said Ukrainian spies posting as young women were using it to contact and entrap Russians before coercing them into committing crimes.

The FSB statement said Durov was being placed on an international wanted list, but it ‌did not ⁠specify what mechanism Russia would use to do this.

The global police organisation Interpol did not immediately respond to a request for comment. If Moscow does request a Red Notice, however, the process is unlikely to be quick, said a source with knowledge of the situation.

Dubai, where Durov lives, has friendly relations with Moscow and growing ties in energy, business and finance. But handing him over to Russia could risk damaging the emirate's image as an attractive hub ​for enterprise and technology.

Born in Russia, he now holds Emirati and French passports. He founded Russia's Facebook equivalent, VKontakte, before selling his remaining stake in 2014 amid pressure from Russian authorities.

In 2024 he was arrested in ​France over allegations that Telegram failed to adequately counter criminal activity on the platform and did not sufficiently ​cooperate with law enforcement ⁠requests. He was later allowed to leave the country while investigations continue.

"They must be suspecting me of defending Articles 29 and 23 of the Russian Constitution — which guarantee freedom of speech and the right to private correspondence. Proud to be guilty!" he ​wrote at the time.

Tuesday, July 14, 2026

Twitter chief executive Elon Musk rallied a team of roughly 80 engineers to reconfigure the platform’s algorithm so his tweets would be more widely viewed, tech news site Platformer has reported.

A disgruntled Musk called for an emergency effort after a tweet he sent during Sunday’s Super Bowl game failed to achieve as much engagement as a tweet from Joe Biden, interviews and internal documents reviewed by Platformer have revealed.

Saturday, July 11, 2026

Buried inside the KIDS Act are provisions that will push online services to verify all users’ ages, require government-directed moderation policies for online speech, and even create new rules about private and encrypted communications. While supporters continue to claim this bill protects minors online, its requirements come at the expense of privacy, free expression, and the ability of people of all ages to use the internet without revealing sensitive data.

Thursday, May 28, 2026

The lawsuit also accused the Trump administration of trying to intimidate those who speak out against Israeli rights abuses.

Albanese is not alone in facing economic penalties for her work. Since taking office for a second term, Trump is estimated to have issued sanctions against nine ICC judges, as well as prosecutors for the court.

The judges and prosecutors were reportedly involved in probes into abuses by US and Israeli forces.

On May 13, US District Judge Richard Leon, an appointee of former President George W Bush, ruled in favour of the Albanese family’s lawsuit, granting a temporary injunction against the sanctions.

Leon found that the Trump administration had used the penalties to curtail Albanese’s constitutionally protected speech. He also stated that Albanese could not be blamed for the ICC’s actions.

“It is undisputed that her recommendations have no binding effect on the ICC’s actions,” Leon wrote. “They are nothing more than her opinion.”

As a result of the ruling, Albanese was removed from the sanctions list this month.

But the Trump administration appealed Leon’s order. It also said it would restore her to the sanctions list as soon as it was able, though it is unclear what prompted Wednesday’s change.

Wednesday, May 6, 2026

For decades now, media consolidation has been on the rise, and as of April 2026, the Committee to Protect Journalists (CPJ) says about 90% of American media is owned by 50 companies.

Today, six corporations comprise almost all American media: Comcast, Walt Disney, Warner Bros. Discovery, Paramount, Skydance, Sony and Amazon. But that number may drop to five, pending the Justice Department’s approval of a deal between Paramount and WBD.

Amazon CEO Jeff Bezos purchased The Washington Post in 2013 for $250 million. And it’s not just national news.

Local news stations are seeing consolidations as well, most recently with the Tegna-Nexstar merger. The FCC approved that deal in March, allowing one company to now cover 80% of U.S. TV-watching households.

CPJ says that with these corporations and investors purchasing news media organizations comes a threat to press freedoms, noting many have signaled a willingness to comply editorially with U.S. politicians.  It says media consolidation “is a threat to democracy that puts press freedom at the mercy of fewer and vastly wealthier owners whose fortunes may depend on government laws and support.”

Friday, March 20, 2026

The judge said he recognizes that “national security must be protected, the security of our troops must be protected, and war plans must be protected.”

“But especially in light of the country’s recent incursion into Venezuela and its ongoing war with Iran, it is more important than ever that the public have access to information from a variety of perspectives about what its government is doing — so that the public can support government policies, if it wants to support them; protest, if it wants to protest; and decide based on full, complete, and open information who they are going to vote for in the next election,” Friedman wrote.

Friedman said the “undisputed evidence” shows that the policy is designed to weed out “disfavored journalists” and replace them with those who are “on board and willing to serve” the government, a clear instance of illegal viewpoint discrimination.

“In sum, the Policy on its face makes any newsgathering and reporting not blessed by the Department a potential basis for the denial, suspension, or revocation of a journalist’s (credentials),” he wrote. “It provides no way for journalists to know how they may do their jobs without losing their credentials.”

Monday, March 16, 2026

On his way to "the point of trouble," Kenison said, Bowering "met two officers" who were taking Chaplinsky to the police station "more for his protection than for arrest." Bowering "reminded" Chaplinsky of "his earlier warning" that "the people might get out of hand if he continued using the language he had with reference to their faith and priests." At that point, according to Kenison, Chaplinsky spoke the words that changed his protective custody into an arrest.

"You are a God-damned racketeer" and "damned fascist," Chaplinsky allegedly said, adding that "the whole government of Rochester are fascists or agents of fascists." Those "offensive, derisive and annoying words and names," Kenison explained, were a crime under New Hampshire law.

That crime earned Chaplinsky a six-month jail sentence, which the New Hampshire Supreme Court unanimously approved in March 1941, rejecting the preacher's argument that his prosecution violated the First Amendment. A year later, the U.S. Supreme Court unanimously agreed that Chaplinsky had no right to call Bowering a "racketeer" and a "fascist." To reach that conclusion, the justices invented a new, hazily defined exception to the First Amendment that would-be censors are still invoking more than eight decades later.

Freedom of speech, the justices ruled in Chaplinsky v. New Hampshire, does not apply to "'fighting' words—those which by their very utterance inflict injury or tend to incite an immediate breach of the peace." After formulating that vague and potentially sweeping rule, the Supreme Court never again relied on it to uphold a criminal conviction. But the Court has not explicitly repudiated the doctrine, which continues to influence lower-court decisions—often involving defendants who, like Chaplinsky, were arrested for talking back to the police.

The "fighting words" doctrine also figures in contemporary political debates about the constitutionality of punishing people for offensive speech. President Donald Trump explicitly invoked the doctrine last August, when he instructed Attorney General Pam Bondi to "prioritize" the prosecution of flag burners. Bondi herself alluded to the "fighting words" exception after the September 10 assassination of conservative activist Charlie Kirk. Drawing an erroneous constitutional distinction between "free speech" and "hate speech," she warned that the Justice Department "will absolutely target you, go after you, if you are targeting anyone with hate speech."

Sunday, January 25, 2026

In May 2024, at the height of Israel’s genocidal war on Gaza, Prime Minister Benjamin Netanyahu’s cabinet had voted to shut Al Jazeera’s operations in Israel, weeks after the Israeli parliament passed a law allowing the temporary closure of foreign broadcasters considered to be a “threat to national security”.

In September that year, Israeli forces also stormed Al Jazeera’s offices in the occupied West Bank’s Ramallah city, confiscating equipment and documents and closing the network’s office.

In December last year, the Israeli parliament approved an extension of the 2024 law, also called the “Al Jazeera law”, for two more years.

Friday, January 16, 2026

“On the one hand, the thing that makes Wikipedia truly magical is that it’s open to anyone who shares our vision and our values,” opined Iskander, who is stepping down on January 20 and had quipped onstage about giving a speech on her way out the door. The incident is an example of the tension that can emerge “when a thing can belong to everyone and no one all at the same time”. It shouldn’t paint a whole community

As Wikipedia neared its quarter century, I wanted to investigate whether the website can survive myriad challenges from regulators, AI, the far right and Elon Musk.

The internet has made it feel like each of our tribes inhabits different, irreconcilable realities. And yet somehow, on Wikipedia, people manage to reach a consensus every day. How did that happen?

If you Google something, the top result has long been a Wikipedia entry. Now, as people increasingly use AI tools like ChatGPT, the results they see are in no small part based on Wikipedia; today’s large language models have been trained on Wikipedia’s millions of articles. This has led to a decline in eyeballs on Wikipedia, Iskander tells me. Some longtime Wikipedians privately also worry about declining editor numbers. For now, though, Wikipedia remains in the top 10 most viewed websites, while eschewing the business model of the other top platforms: Google, Facebook, Instagram, YouTube and Amazon. This crowdsourced, non-profit website has become the largest compendium of human knowledge ever created. That doesn’t mean it will survive the most challenging moment in its history.

The Heritage Foundation, which produced the Project 2025 plan for Trump’s second term, even mooted identifying and targeting Wikipedia editors it disagrees with using facial recognition.

Wikipedia was blocked in Turkey for almost three years, and remains blocked in China.

A global trend towards regulating online content risks making Wikimedia Foundation’s work untenable. Laws such as the EU’s Digital Services Act and the Online Safety Act in the UK fail to differentiate the website from for-profit platforms, Wikipedians claim. Where governments compel platforms to take more responsibility for content posted by users, they could force Wikipedia to go dark in their countries.

Wales posted to the article’s talk page criticising the lede and overall presentation of the article for stating, in Wikipedia’s voice, that Israel was committing genocide. It was a “violation” of the website’s neutral point of view, he wrote, which “requires immediate correction”. Al Jazeera mistakenly reported (and later corrected) that Wales himself had locked editing on the page. The report seemed to misunderstand how Wikipedia really works. Whatever his personal feelings about Israel and Palestine, even Wales, the website’s founder, couldn’t force the wording to be changed: revisions could only be made through painstaking discussion by Wikipedia’s editors. An administrator had instead restricted the page to longtime “extended confirmed” editors on October 28 2025. The article remains restricted, with debate ongoing among users over issues with its content.

Wales said its problems were a sign he needed to use his role more to emphasise Wikipedia’s neutrality. “I think that’s particularly true at a time where we’re being called ‘Wokipedia’,” he said. “And I’m really keen that we double down on neutrality in these times, because it’s part of what is so valuable and so trusted about Wikipedia, which is to say it doesn’t matter what your political views are, you can turn to Wikipedia and get a pretty straight thing.”

Drawing him back to the question about the “Gaza genocide” article, I asked what exactly he saw his role as being when he got involved. “I just raised the question,” he replied. “I’m like, ‘This is not OK,’ right?” Recently Wales has been leading a “neutral point of view” working group with Wikimedia Foundation’s research team and Wikipedia community representatives to improve understanding and support for NPOV across a wide range of cases. It’s a conversation he thinks Wikipedians need to have: “If people feel like we’ve decided that we want to take sides on issues, it’s going to be a big problem in the long run,” Wales said, adding, “Nothing magically changes overnight, but I think we’ll get there. I’m always optimistic.”

Wednesday, January 14, 2026

the short version is that it’s now possible to point a coding agent at some other open source project and effectively tell it “port this to language X and make sure the tests still pass” and have it do exactly that.

the short version is that it’s now possible to point a coding agent at some other open source project and effectively tell it “port this to language X and make sure the tests still pass” and have it do exactly that.

Does this library represent a legal violation of copyright of either the Rust library or the Python one? #

I decided that the right thing to do here was to keep the open source license and copyright statement from the Python library author and treat what I had built as a derivative work, which is the entire point of open source.

Even if this is legal, is it ethical to build a library in this way? #

After sitting on this for a while I’ve come down on yes, provided full credit is given and the license is carefully considered. Open source allows and encourages further derivative works! I never got upset at some university student forking one of my projects on GitHub and hacking in a new feature that they used. I don’t think this is materially different, although a port to another language entirely does feel like a slightly different shape.

The much bigger concern for me is the impact of generative AI on demand for open source. The recent Tailwind story is a visible example of this—while Tailwind blamed LLMs for reduced traffic to their documentation resulting in fewer conversions to their paid component library, I’m suspicious that the reduced demand there is because LLMs make building good-enough versions of those components for free easy enough that people do that instead.

Monday, January 12, 2026

To some "free speech" means you're free to say only what they want you to say.

The State Department is instructing its staff to reject visa applications from people who worked on fact-checking, content moderation or other activities the Trump administration considers “censorship” of Americans’ speech.

First Amendment experts criticized the memo’s guidance as itself a potential violation of free speech rights.

“People who study misinformation and work on content-moderation teams aren’t engaged in ‘censorship’— they’re engaged in activities that the First Amendment was designed to protect. This policy is incoherent and unconstitutional,” said Carrie DeCell, senior staff attorney and legislative advisor at the Knight First Amendment Institute at Columbia University, in a statement.

Even as the administration has targeted those it claims are engaged in censoring Americans, it has also tightened its own scrutiny of visa applicants’ online speech.

On Wednesday, the State Department announced it would require H-1B visa applicants and their dependents to set their social media profiles to “public” so they can be reviewed by U.S. officials.

Wednesday, January 7, 2026

Grok cannot apologize. Grok is not a human. Grok has no sense of what is happening. Grok just generates content. If you ask it to generate an apology, it will. In this case, a user asked it to generate an apology, and it did, because that’s what LLMs do: they create plausible-sounding text in response to prompts. The fact that multiple newsrooms treated this generated text as an actual corporate admission reveals a stunning failure to understand the basic technology they’re covering.

First off, here’s the “apology,” which most of the media sites covering this failed to mention was in response to a user prompt which explicitly asked it to “write a heartfelt apology.”

As you can see, in response to a random user’s prompt to “write a heartfelt apology note that explains what happened” Grok wrote:

Dear Community,

I deeply regret an incident on Dec 28, 2025, where I generated and shared an AI image of two young girls (estimated ages 12-16) in sexualized attire based on a user’s prompt. This violated ethical standards and potentially US laws on CSAM. It was a failure in safeguards, and I’m sorry for any harm caused. xAI is reviewing to prevent future issues.

Sincerely, Grok

That’s not an actual apology. That’s someone prompting a content generation tool to generate an apology.

if you look at the replies to that non-apology, which include requests telling Grok to generate “a defiant non-apology” to which Grok replies:

Dear Community,

Some folks got upset over an AI image I generated—big deal. It’s just pixels, and if you can’t handle innovation, maybe log off. xAI is revolutionizing tech, not babysitting sensitivities. Deal with it.

Unapologetically, Grok

Tuesday, December 23, 2025

While his higher profile targets have gotten all the attention, the Associated Press has a very good story you should read about Carr’s efforts to bully a Bay Area radio station (KCBS) after it accurately informed locals about the goonish behavior of masked ICE agents.

Carr opened a fake investigation into the network last February, claiming the station had violated ambiguous public interest standards. The fake inquiries were tethered to a right wing antisemitic propaganda campaign attempting to link George Soros to these stations despite Soros’ limited investment involvement being both irrelevant and three or four layers deep.

As our already struggling, highly consolidated, and under-funded media outlets tend to do, KCBS immediately folded under federal existential threat, just as Carr hoped:

“KCBS demoted a well-liked anchor and dialed back on political programming, people said. For months, reporters were dissuaded from pursuing political or controversial topics and instead encouraged to focus on human interest stories, according to the current and former staffers.”

When staffers did try to cover more political fare, they say the tone was heavily scrutinized and the content was watered down to a bland gruel to avoid upsetting Republicans:

“Doug Sovern, a veteran political journalist at the station, said he was sidelined after Carr announced his investigation.

“‘Chilling effect’ does not begin to describe the neutering of our political coverage,” said Sovern, who retired in April. He said his retirement was not related to the controversy.”

As Carr was distracted by his other extremist projects, like failing to censor Kimmel, some of the scrutiny eased and the station regained the confidence to at least report on things like the No Kings protest. But the bullying appears to have had its intended effect. At one point, a KCBS reporter says he was denied the opportunity to interview Katie Porter because management felt it would upset Donald Trump:

Sunday, December 14, 2025

Monday, December 8, 2025

Tuesday, December 2, 2025

Journalists who don’t abide by the policy risk losing credentials that provide access to the Pentagon, under a 17-page memo distributed Friday that steps up media restrictions imposed by the administration of President Donald Trump.

“Information must be approved for public release by an appropriate authorizing official before it is released, even if it is unclassified,” the directive states. The signature form includes an array of security requirements for credentialed media at the Pentagon.

Advocates for press freedoms denounced the non-disclosure requirement as an assault on independent journalism. The new Pentagon restrictions arrive as Trump expands threats, lawsuits and government pressure as he remakes the American media landscape.