Wednesday, September 4, 2024

New law gives power over free speech to U.S. president--is ban of X planned?

Be careful what you wish for," as the old saying goes. And as I often say, "When they want you to look over here  (and talk about the subject they choose), watch what they're doing over there."

While American news outlets were busy chattering about the South Carolina primary, impeachment of Homeland Security Secretary Mayorkas, etc., legislators were crafting this:

The bipartisan “Protecting Americans from Foreign Adversary Controlled Application Act” was signed into law in April 2024. It was, of course, shoved into a giant appropriations bill. (If you're slogging through the law, it's in Division H.) It not only requires a ban or forced sale of TikTok but gives unilateral power to the president of the United States to shut down online platforms.

This gives sweeping censorship powers not only to a person, but to an office, because power can always change hands. We're living in one of the most illustrative times in American history of that ever-present fact. As I write this, the president is...Joe Biden?

The TikTok ban doesn't doesn't take effect until 270 days after the law was enacted and gives the president power to extend it for 90 days. Why? I'm not a mind reader, but I believe the law was written with a seemingly-arbitrary 270-day grace period to give TikTok a chance to save itself (the left REALLY wants this), while making it look like they're banning TikTok (the right REALLY wants this), thereby punting a political football until after the 2024 election. Conveniently, 270 days from the law's enactment is January 19, 2025, otherwise known as Inauguration Eve.

Then it could be open season on X (formerly Twitter) or any other media platform the president sets his or her sights on. I question whether TikTok, the only platform named in the law, was its true target.

Watch how the law defines people it seeks to squelch with language so broad that it might be harder to find social media platform owners who don't meet the bar required for a platform's extinction: 

  • The law ultimately allows the president to shut down any online platform whose owners or parent companies are controlled by a "foreign person or combination of persons" deemed adversaries. 

  • An "adversary" is the above-mentioned person(s) who "is domiciled in, is headquartered in, has its principal place of business in" an adversarial country. 

  • These persons must have at least 20 percent ownership "directly or indirectly" in the entity that owns the platform.

  • Most importantly, this law applies to "a person subject to the direction or control of a foreign person or entity." 

  • The list of foreign adversaries can change at any time at the discretion of the Secretary of State. 

This is an expansive, fluid law filled with definitions meant to apply to as many individuals and entities as possible. It gives power to one person and could apply to most online communications platforms. 

If you’re comfortable with this power being given to our current president, would you be comfortable with it being given to the last one? Or the next?

Whatever you think of TikTok (I'm not a fan), contrary to what people who love it and use it believe, it allows U.S. government censorship. Whether or not X is censoring speech is more subjective. The left claims increased censorship of mostly pro-Palestinian content, and censorship claims by the right have largely disappeared with the platform's 2022 acquisition by X Corporation, owned chiefly by Elon Musk, a foreign-born billionaire. 

The list of X Corp's investors changes, but most are not American. As the new law is written, the president wouldn't need to just look at Musk's financial ties in foreign adversarial countries, but at the totality of X Corp's investors.

An example of how this new law could be applied to X is that Musk's financial relationship with China is considered by some to be "cozy," and Tesla, which he also owns, is now an official car of the Chinese government. China is number one on the list of U.S. government adversaries. Few, if any, people who do business in China are not "subject to" their government's control.

Do you think there are any billionaire social media owners or large corporations, for that matter, who don't have business ties in China, the adversarial country cited in the TikTok ban? Whether it's good or not is up for debate. Since China joined the World Trade Organization in 2001, it's pretty easy to become financially engangled with them. 

Proponents of the law would say, "Why would Americans want foreign adversaries involved in their social media platforms? Isn't preventing that a good thing?" On its face it seems so; however, most efforts to chip away at rights or privacy are presented under the guise of "who wouldn't think this is good, this is for our protection," e.g. the Patriot Act.

Only the People should have the right to control speech through free market forces. We should speak about subjects important to us often and persuasively. One step removed from our own speech is our giving consent to congress to make laws on our behalf. This isn't a perfect system. Our representative government failed to protect free speech as Congress used our fear of China to hand over unilateral power to the president to limit free speech via this new law. Elections matter.

This new law, sweeping anti-free speech laws just passed across western nations, and recent Supreme Court rulings on First Amendment cases (the subject of my next post), show that our fight for free speech is constant and requires diligent attention to its protection. In other words, don't let yourself be distracted lest your freedoms be taken away while you aren't looking. 

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