While not directly suppressing free speech, it seems proven that the U.S. government is working with private companies – who have protection from lawsuits – to do exactly that.
Looks to me like a way to work around the First Amendment to our Constitution. And election interference.
From THE INTERCEPT. I have included a large portion of the article, but there is much more! Go to the source to read it all.
THE DEPARTMENT OF HOMELAND SECURITY is quietly broadening its efforts to curb speech it considers dangerous, an investigation by The Intercept has found. Years of internal DHS memos, emails, and documents — obtained via leaks and an ongoing lawsuit, as well as public documents — illustrate an expansive effort by the agency to influence tech platforms.
The work, much of which remains unknown to the American public, came into clearer view earlier this year when DHS announced a new “Disinformation Governance Board”: a panel designed to police misinformation (false information spread unintentionally), disinformation (false information spread intentionally), and malinformation (factual information shared, typically out of context, with harmful intent) that allegedly threatens U.S. interests. While the board was widely ridiculed, immediately scaled back, and then shut down within a few months, other initiatives are underway as DHS pivots to monitoring social media now that its original mandate — the war on terror — has been wound down.
Behind closed doors, and through pressure on private platforms, the U.S. government has used its power to try to shape online discourse. According to meeting minutes and other records appended to a lawsuit filed by Missouri Attorney General Eric Schmitt, a Republican who is also running for Senate, discussions have ranged from the scale and scope of government intervention in online discourse to the mechanics of streamlining takedown requests for false or intentionally misleading information.
“Platforms have got to get comfortable with gov’t. It’s really interesting how hesitant they remain,” Microsoft executive Matt Masterson, a former DHS official, texted Jen Easterly, a DHS director, in February.
In a March meeting, Laura Dehmlow, an FBI official, warned that the threat of subversive information on social media could undermine support for the U.S. government. Dehmlow, according to notes of the discussion attended by senior executives from Twitter and JPMorgan Chase, stressed that “we need a media infrastructure that is held accountable.”
“We do not coordinate with other entities when making content moderation decisions, and we independently evaluate content in line with the Twitter Rules,” a spokesperson for Twitter wrote in a statement to The Intercept.
There is also a formalized process for government officials to directly flag content on Facebook or Instagram and request that it be throttled or suppressed through a special Facebook portal that requires a government or law enforcement email to use. At the time of writing, the “content request system” at facebook.com/xtakedowns/login is still live. DHS and Meta, the parent company of Facebook, did not respond to a request for comment. The FBI declined to comment.
DHS’s mission to fight disinformation, stemming from concerns around Russian influence in the 2016 presidential election, began taking shape during the 2020 election and over efforts to shape discussions around vaccine policy during the coronavirus pandemic. Documents collected by The Intercept from a variety of sources, including current officials and publicly available reports, reveal the evolution of more active measures by DHS.
According to a draft copy of DHS’s Quadrennial Homeland Security Review, DHS’s capstone report outlining the department’s strategy and priorities in the coming years, the department plans to target “inaccurate information” on a wide range of topics, including “the origins of the COVID-19 pandemic and the efficacy of COVID-19 vaccines, racial justice, U.S. withdrawal from Afghanistan, and the nature of U.S. support to Ukraine.”
“The challenge is particularly acute in marginalized communities,” the report states, “which are often the targets of false or misleading information, such as false information on voting procedures targeting people of color.”
The inclusion of the 2021 U.S. withdrawal from Afghanistan is particularly noteworthy, given that House Republicans, should they take the majority in the midterms, have vowed to investigate. “This makes Benghazi look like a much smaller issue,” said Rep. Mike Johnson, R-La., a member of the Armed Services Committee, adding that finding answers “will be a top priority.”
How disinformation is defined by the government has not been clearly articulated, and the inherently subjective nature of what constitutes disinformation provides a broad opening for DHS officials to make politically motivated determinations about what constitutes dangerous speech.
DHS justifies these goals — which have expanded far beyond its original purview on foreign threats to encompass disinformation originating domestically — by claiming that terrorist threats can be “exacerbated by misinformation and disinformation spread online.” But the laudable goal of protecting Americans from danger has often been used to conceal political maneuvering. In 2004, for instance, DHS officials faced pressure from the George W. Bush administration to heighten the national threat level for terrorism, in a bid to influence voters prior to the election, according to former DHS Secretary Tom Ridge. U.S. officials have routinely lied about an array of issues, from the causes of its wars in Vietnam and Iraq to their more recent obfuscation around the role of the National Institutes of Health in funding the Wuhan Institute of Virology’s coronavirus research.
That track record has not prevented the U.S. government from seeking to become arbiters of what constitutes false or dangerous information on inherently political topics. Earlier this year, Republican Gov. Ron DeSantis signed a law known by supporters as the “Stop WOKE Act,” which bans private employers from workplace trainings asserting an individual’s moral character is privileged or oppressed based on his or her race, color, sex, or national origin. The law, critics charged, amounted to a broad suppression of speech deemed offensive. The Foundation for Individual Rights and Expression, or FIRE, has since filed a lawsuit against DeSantis, alleging “unconstitutional censorship.” A federal judge temporarily blocked parts of the Stop WOKE Act, ruling that the law had violated workers’ First Amendment rights.
“Florida’s legislators may well find plaintiffs’ speech ‘repugnant.’ But under our constitutional scheme, the ‘remedy’ for repugnant speech is more speech, not enforced silence,” wrote Judge Mark Walker, in a colorful opinion castigating the law.
The extent to which the DHS initiatives affect Americans’ daily social feeds is unclear. During the 2020 election, the government flagged numerous posts as suspicious, many of which were then taken down, documents cited in the Missouri attorney general’s lawsuit disclosed. And a 2021 report by the Election Integrity Partnership at Stanford University found that of nearly 4,800 flagged items, technology platforms took action on 35 percent — either removing, labeling, or soft-blocking speech, meaning the users were only able to view content after bypassing a warning screen. The research was done “in consultation with CISA,” the Cybersecurity and Infrastructure Security Agency.
Prior to the 2020 election, tech companies including Twitter, Facebook, Reddit, Discord, Wikipedia, Microsoft, LinkedIn, and Verizon Media met on a monthly basis with the FBI, CISA, and other government representatives. According to NBC News, the meetings were part of an initiative, still ongoing, between the private sector and government to discuss how firms would handle misinformation during the election.
The stepped up counter-disinformation effort began in 2018 following high-profile hacking incidents of U.S. firms, when Congress passed and President Donald Trump signed the Cybersecurity and Infrastructure Security Agency Act, forming a new wing of DHS devoted to protecting critical national infrastructure. An August 2022 report by the DHS Office of Inspector General sketches the rapidly accelerating move toward policing disinformation.
From the outset, CISA boasted of an “evolved mission” to monitor social media discussions while “routing disinformation concerns” to private sector platforms.