How Elon Musk should shape Twitter — sans the sink

Information reviews Wednesday appeared to begin out like a bar joke: The richest man on the planet walks in carrying a sink . . .

In fact, it was a joke — a colossal joke. The query is whom the joke is on.

For Elon Musk, the punch line was appropriately delivered on Twitter, the corporate he’s taking on Friday at an inflated value. Calling himself “Chief Twit,” Musk posted the video with the caption “Coming into Twitter HQ — let that sink in!”

For the Musk-phobic, it was as humorous as a drive-by taking pictures. CNN analyst Juliette Kayyem denounced Musk’s taunt as “basically merciless.” In any case, when Musk was first reported to be shopping for the corporate, workers had been so traumatized that management needed to provide emotional help simply to “get by way of the week.”

The reason being much less the concern of Musk bringing toilet fixture than free speech into San Francisco headquarters. Twitter has created one of many largest censorship programs in world historical past — a system broadly condemned for a sample of political bias and viewpoint intolerance. 

Outgoing CEO Parag Agrawal is unabashedly hostile to conventional views of free speech. Quickly after he took over, he pledged to manage content material and mentioned the corporate would “focus much less on interested by free speech” as a result of “speech is simple on the Web. Most individuals can converse. The place our function is especially emphasised is who could be heard.”

For workers who're true believers of this censorship scheme, the joke little question feels prefer it’s on them. The censorship talent set is probably not fairly as a lot in demand in a Musk-owned agency. Whereas Fb, Google and different corporations are nonetheless dedicated to company censorship, Musk has pledged to revive free speech ideas to Twitter.

However the joke should still be on Musk if he yields to Twitter’s company tradition or the mainstream media’s unrelenting stress. Democratic leaders like Hillary Clinton have turned from personal censorship to good old style state censorship.

Clinton has referred to as on overseas governments to step in and go legal guidelines that will pressure Twitter to proceed to censor opposing views. New Zealand Prime Minister Jacinda Ardern not too long ago repeated this name for world censorship on the United Nations to the applause of diplomats and media alike.

Parag Agrawal
Parag Agrawal pledged to manage content material when he took over as Twitter’s CTO.
Ellian Raffoul/Twitter/AP

Musk could should yield to such home legal guidelines, however he can use his platform to tell residents of these international locations they're being censored and managed in what they're allowed to learn.

Crucial factor in America is for Musk to hit the bottom operating at Twitter

First, he must order the preservation of all information. There are well-supported examples of biased censorship, together with the burying of The Put up’s Hunter Biden laptop computer story earlier than the election. There are additionally allegations of back-channel communications from the federal government to handle a sort of censorship-by-surrogate system to evade the First Modification.

Second, Musk ought to deal with the First Modification as a mannequin for Twitter’s content-management coverage. It has turn out to be a mantra on the left that free-speech objections to social-media censorship are meritless as a result of the First Modification doesn't apply to non-public companies.

It is a knowingly cynical and mindless argument. The First Modification has by no means been the only real and unique measure of free speech. It issues the best menace to free speech on the time of the founding. However company censorship on communication platforms is an equal, if not larger, menace at present to free-speech values.

Twitter logo on phone and in background
Musk not too long ago denied earlier reviews alleging that the billionaire would slash 75% of the workforce on the social media firm if he takes over.
Gregory Bull/AP

Musk might name these anti-free-speech advocates’ bluff. Former President Barack Obama flogged this false line at Stanford in April. He began by declaring himself “fairly near a First Modification absolutist.” He then referred to as for the censorship of something he thought-about “disinformation,” together with “lies, conspiracy theories, junk science, quackery, racist tracts and misogynist screeds.”

Like many others on the left, Obama claims to be a free-speech champion however narrowly confines such fealty to authorities censorship. He emphasised, “The First Modification is a test on the facility of the state. It doesn’t apply to non-public corporations like Fb or Twitter.”

Whereas the First Modification doesn't bind personal companies, there may be nothing stopping one — like Twitter — voluntarily assuming such protections free of charge speech. Even with some changes for a personal discussion board, what I name the First Modification Possibility would create a default in favor of free speech that doesn’t exist on these platforms.

There’d be slim exceptions for threatening, illegal and some different proscribed classes of speech. Twitter can faucet into a protracted line of First Modification jurisprudence limiting the scope of such speech laws. Even with a personal firm’s larger flexibility, a First Modification-based coverage would set up a lot better protections free of charge speech.

In different phrases, Musk might present up at Twitter with exactly the usual lengthy dismissed by censorship advocates — after which let that sink in. 

Jonathan Turley is an lawyer and professor at George Washington College Legislation Faculty.

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