Katherine Mangu-Ward | October 3, 2007
From today's New York Times editorial page:
We have long been concerned about the potential threat to free speech and a free press as communications migrate from old-fashioned telephone lines, TV broadcasts and printing presses to digital networks controlled by unregulated private companies.
Leaving aside for the moment that the concept of free speech and free press was conceived to prevent government from limiting speech--making "unregulated private companies" the perfect vehicles for such speech--let's take a look at the news hook for the editorial:
Verizon briefly prohibited Naral Pro-Choice America from sending a certain type of "issue-oriented" text message in bulk on their system. When the block came to light, Verizon reversed the decision almost immediately, blaming an outdated anti-spam policy and one overzealous "well-intentioned employee."
No harm, no foul, right? Everything is working as it should, with public pressure on companies yielding good results without any intervention from the government. But no, Verizon's immediate correction and retraction is not enough for the Times, which wants a law "barring interference with text messaging."
American newspapers can resist government intimidation because the Constitution is on our side, but also because we control the presses. ... If newspapers were delivered over mobile phones, a company could simply cut them off because it did not like a particular article.
So, to review: Freedom of speech is protected, first and foremost, by private ownership of the means of speech. The New York Times owns its own presses, and the government cannot tell them when they can or can't run. "That is the real meaning behind 'freedom of the press,'" says the Times, "and authoritarian societies know it." Right on.
But freedom of speech suddenly becomes endangered when telecommunications companies own the means of speech, and the only remedy is for the government to step in and tell them what they can or can't send.
For more on speech and its would-be liberators, go here and here.
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So a New York Times editor has never tossed a letter to the
editor because of the content? Wow, they are true warriors for
freedom!
Also, electronic media should scare the pants off the NYT - they
can't control editorial content any more because the people have
seized the means of production!
"the only remedy is for the government to step in and tell
them what they can or can't send."
To be fair, the NY Times is saying the government should require
the company to stay out of the speech regulation business. Perhaps
there is an irony there. Still, with the consolidation of media
outlets, Verizon shutting down political speech then lying about it
is an ominous specter.
...because we control the presses.
I, for one, welcome our old ink-stained overlords.
Leaving aside for the moment that the concept of free speech
and free press was conceived to prevent government from limiting
speech--making "unregulated private companies" the perfect vehicles
for such speech
No, do not leave that aside. Even for a moment. That's the whole
ball of wax for liberty.
a MORE ominous specter would be the govt. regulating what
verizon deems appropriate for its network.
just as ominous as the govt. regulating the NYT would be.
it's pretty clear (just look at case law examples at fire.org) that
there is a large contingent of those on the left that is perfectly
fine with speech regulation of content, even by govt., AS LONG AS
it meets the left's criteria (offensive speech towards minority
groups, hate speech, abortion clinic protests, ROTC on campus,
etc.)
if verizon actually decided to ban pro-choice bulk text messaging,
they could. and people could then BOYCOTT verizon. that's how free
speech works.
To be fair, the NY Times is saying the government should
require the company to stay out of the speech regulation
business
NYT can print what it wants but I don't have to allow a news rack
in my drug store. Maybe the government should require Rite-Aid to
stay out of the speech regulation business. And with the
consolidation of the drug store business to just a few major
players, well that's pretty ominous when you can't find the
NYT.
"a MORE ominous specter would be the govt. regulating what
verizon deems appropriate for its network."
And that's not what anybody's saying. All they are saying is that
neither the government nor Verizon can limit any of the speech. Of
course, there are pitfalls to that approach.
So, please, let's not pretend this is about telling Verizon what
views is can and can't take. This is purely about preventing
Verizon from interfering with speech at all.
Not a hint of irony:
The 1st protects free speech from abridgement by government -
government must step in to regulate protection of free speech = the
fox in the hen house.
What in the hell is the matter with these blabbering idiots at the
Times?
"NYT can print what it wants but I don't have to allow a
news rack in my drug store."
Or, you could demand they pay you for the floor space, and if they
didn't would that be an infringement of free speech, or an economic
issue? I get the issues here, just don't make it out to be left
wingers playing up their causes while shutting down right wing
speech.
a large part of this is the "old media" vs. "new media"
thang.
NYT, as an example of the old media wants the privilege (actually,
it's a constitutional right, but since when does the NYT care about
the constituton?) to regulate speech but gets their panties in a
twist when the NEW media (bloggers, etc.) do the same thing. recall
the antipathy towards the pajamas media during the CBS forged
document thang, etc.
part of it is elitism (old guard media vs. these whippersnapper),
part of it is jealousy, part of it is fear (of losing marketshare),
etc.
the NYT may thing they are better than a bunch o bloggers, but the
heart of the matter is that they don't want to extend the same
editorial discretion and constitutional protections to the
grassroots media.
whit,
I just wish you'd quit trolling around several blogs reducing every
argument to Left v. Right. We all know by know you stand in outer
right field.
In this case, as if the right had never, ever felt the itch to
"regulate" speech when it suited their agenda.
"And that's not what anybody's saying. All they are saying is
that neither the government nor Verizon can limit any of the
speech. Of course, there are pitfalls to that approach."
except verizon ISN'T the govt. that makes all the difference in the
world. the NYT can limit speech, and so can verizon.
"So, please, let's not pretend this is about telling Verizon what
views is can and can't take. This is purely about preventing
Verizon from interfering with speech at all."
which is the same thing. the govt. should not have the power to
regulate the content of private speech.
if verizon was the ONLY phone carrier, i could see the argument
(monopoly), but it isn't.
in a very narrow circumstance, like a monopoly, there might be some
sort of argument there. but there isn't
govt. regulation of speech is odious. what makes us better than
europe, canada, etc. is that we don't allow the govt. to
criminalize offensive speech, and we respect freedom of speech MORE
than civility.
" just wish you'd quit trolling around several blogs reducing
every argument to Left v. Right. We all know by know you stand in
outer right field."
when that IS the argument, i state it as such
and of course, i don't stand in outer right field. not many people
in outer right field are pro-choice, pro-decriminalization of
drugs, etc.
which i am.
but leave it to you, a troll, to make this into an argument of
personalities and individuals vs. concepts. adults can discuss
concepts without devolving into personal attacks. you, apparently,
cannot.
everybody knows that when the right is in power, it regulates
speech. the left does it too. since the left tends to dominate in
campuses, for example, they are the bad guys. and the NYT is
clearly on the left, and they clearly want to use their bully
pulpit to get the govt. to regulate speech they don't like
"In this case, as if the right had never, ever felt the itch to
"regulate" speech when it suited their agenda."
of course it has. nice strawman
so, first you elude the discussion of concepts to make a personal
attack, that is factually void ( i am pro-choice,
pro-decriminalization of drugs, so your concept that i am far right
is patently absurd), then you erect a strawman, so you can knock it
down
the NYT is not the right. the right does plenty to suppress speech
(heck, look at the tommy chong case). but this case doesn't involve
the right
so, lets stick to facts, instead of factless personal attacks. if
you can
When the block came to light, Verizon reversed the decision
almost immediately, blaming an outdated anti-spam policy and one
overzealous "well-intentioned employee."
It's always just one well intentioned employee.
When AT&T censored Pearl Jam's Lollapolooza (sp?) broadcast on
their "Blue Room" site for making comments critical of Bush and the
war, again it was just an overzealous employee.
When other bands that have been streamed on Blue Room went back and
checked and realized they too had been censored, it was again just
the work of certain employees jumping the gun.
It's becoming a fucking whack-a-mole game to see who is
censoring.
No harm, no foul, right? Everything is working as it should,
with public pressure on companies yielding good results without any
intervention from the government.
No actually there is a harm and foul. If companies are only
agreeing to "not censor in the future" based on public pressure
rather than thinking twice about it before they do it, then there
is in a "foul". The material was censored and that can't be
reversed. And without some kind of regulation there is no guarantee
that it won't happen again despite AT&T's or anyone else's
promises. It has happened and continues to happen too often.
The people who are in the communications business are supposed to
be our allies against censorship and this kind of crap, but instead
they have become another entity that the busy public must keep an
eye on and keep them honest.
Pardon me if I don't fear government regulations that force
telecommunications companies to have to deliver the content free
from censorship based on the whims of AT&T executives.
Regulations that restrict the ability of any entity to censor free
speech of others is A-OK by me.
I can start my own blog if I believe that the newspapers aren't
covering what's important, but I can't start my own internet now
can I?
Let's turn the NYT's reasoning around. They charge people to run ads, essentially selling space in their means-of-speech. If they refuse to run my ad based upon content, they would be using their ownership of the means-of-speech to discriminate against my free speech rights. This is equally frightening to me. Clearly if Verizon's texting technology should be regulated, so then should the NYT's ads-on-paper technology, shouldn't it?
Lamar, Verizon is under no obligation to let anyone use it's
networks. You pay for the privilege. Same with the NYT. The Times
has every right to disallow any content it wants from publication,
just as Verizon has the right to control what is transmitted over
its systems (within the terms of any conracts that it may be a
party to). If you don't like it, don't buy their service, and start
your own free speech telecom company.
If anything, this is a contract law issue. Is there any language in
their service contract that allows them to block or censor
information that is transmitted on their network? If there is,
tough shit NARAL et al. If not, take them to court for breach of
contract. There are already mechanisms to settle this dispute. We
do NOT need gummint interference in this arena.
martin | October 3, 2007, 12:13pm | #
whit,
I just wish you'd quit trolling around several blogs reducing every
argument to Left v. Right. We all know by know you stand in outer
right field.
In this case, as if the right had never, ever felt the itch to
"regulate" speech when it suited their agenda.
heh. I feel like someone sitting in their backyard when suddenly
two guys in the middle of a fistfight come rolling in through the
hedges and out the other side!
Do people like getting ads via texting on their cellphones? I sure don't.
"The Times has every right to disallow any content it wants
from publication, just as Verizon has the right to control what is
transmitted over its systems (within the terms of any conracts that
it may be a party to)."
Please stop pretending like these are equivalents. The NY Times is
a media outlet and can put forth whatever editorial policy it
wants. Verizon is a communications company that puts me in contact
with my friends and associates. Please stop pretending there is no
difference.
As I stated earlier, there is also a difference between telling
Verizon that the must deliver spam (even political spam) which is
wrong, and telling Verizon that it can read and edit the text
messages I send to my friends and associates. Your catch-all
attitude gives Verizon the right to my private messages, and that
is unacceptable, regardless of whether the company is private or
gov't.
"Regulations that restrict the ability of any entity to censor
free speech of others is A-OK by me."
well, at least you admit that you don't respect the 1st amendment.
you are refreshing in your honesty.
like others have said, if you don't like verizon's restrictions,
PROTEST, boycott, go to another carrier. that's your right.
consumer choice.
the 1st amendment (in spirit and practive) means we don't use the
heavy hand of govt. to tell PRIVATE ENTITIES what speech they can
and can't allow.
next, are we going to require a bookstore owned by a jewish man to
carry holocaust denial books? are we going to require NARAL to give
equal time to anti-choice/pro-life types at their meetings?
the first amendment MATTERS. it disturbs me when so many people are
willing to throw it away at the first inconvenience
lamar,
they have it whether it's unacceptable to your or not - that's that
thick stack of paper you sign in your service agreement. Just like
how yahoo or google has all your mail, and if they felt like it,
they could edit it. That's the way it works, but there are options
with more privacy if you seek them out (at a premium, of
course)
Be gentle on the NYT. Remember, they just discovered the existence of blog commenters a few days ago. They're still getting the hang of this Internet thingy.
I wonder how much of this so-called 'lone employee censoring' by
private companies like Verizon and AT&T is due to the
increasing regulation of broadcast info by the FCC. I think it's
feasible that some companies are just being cautious when they see
networks get slapped for broadcasting swear words during live shows
and then have to decide what to do with the scheduled Pearl Jam
'cast going over their network.
In other words, maybe the increasing "censorship" by private
companies is an indirect result of government policy now.
Whit,
Thanks for clearing up your position.
You will forgive me if this passage from your 12.05 post caught my
attention:
it's pretty clear (just look at case law examples at fire.org)
that there is a large contingent of those on the left that is
perfectly fine with speech regulation of content, even by govt., AS
LONG AS it meets the left's criteria (offensive speech towards
minority groups, hate speech, abortion clinic protests, ROTC on
campus, etc.)
Pardon me for drawing what seemed like an obvious conclusion.
Whit, Thank You.
Lamar, vote with your dollar. If you dislike the policies of a
private company that you are doing business with, DO NOT CONTINUE
TO DO BUSINESS WITH THEM. No one is twisting your arm. You do not
have a right to use someones property to communicate. You have the
1st Amendment right to not have the gov't pass legislation
abridging free speech, a free press, or assembly. If you re-read
your Verizon contract, you may find that YOU have already given
them the right to edit or censor your text messages. If so, as I
said before, tough shit. If not, TAKE THEM TO COURT! Don't complain
that you were somehow snookered into this situation. Look at how
privacy policies evolved because of public outcry and customer
demand. We do not need some FCC pig making decisions on this
matter.
fair enough, martin. the reason that so many of FIRE's cases
involve speech restrictions by the left is that the left (generally
speaking) RUNS college campuses.
larrry summers, ROTC on campus, etc. etc.
my general opinion (and part of the reason why i am libertarian) is
that having power tends to increase the tendency of those holding
it to quash dissent and increase their power. leftist and rightists
are guilty of that.
ime, the problem is worse on the left. having lived in areas
'controlled' by one side, then the other, etc. i have personally
seen far more speech control (and attempted speech control) by the
left than the right.
however, i am the first to admit that the right does this as well.
it is not solely a problem of the left.
as for the claim that i am far right, that's absurd. but it's
typical of many that whenever you criticize any tendency of the
left (and in the case of campus and media censorship it is mostly
done by the left), the instant kneejerk reaction is to accuse to
person of being far right. ad hominem and all that.
like others have said, if you don't like verizon's
restrictions, PROTEST, boycott, go to another carrier. that's your
right. consumer choice.
I forget, are telecom companies unprotected from competition and
unregulated currently?
They are the means of communications. Just like I support common
carrier laws, and net neutrality, I support regulations preventing
Verizon or any telecom company from censoring the communications of
its users. They are the tools of the first amendment. And I have no
problems with regulating them in a way that allows more speech
rather than less speech.
I don't agree that not allowing an entity to censor a second entity
violates the 1st amendment rights of the first entity. If Verizon
cares so much about abortion they could send messages to their
users touting their beliefs as well.
I love the first amendment. I love it so much I want it applied to
private entities. No one should have a right to censor speech. More
speech = good, less speech = bad. ANything that allows more rather
then less ideas in the marketplace is good.
And for the record I would be just as upset if the censored
pro-life texts
"they have it whether it's unacceptable to your or
not"
Yes, and when they actually start acting on that right, there will
either be a market shift or government regulation.
Plus, there aren't any fully private communications companies. If there are, please let me know. I would pay a premium, as I do for email and certain access points to the internet.
dude the bill of rights is a list of restrictions on the Federal government, not on businesses.
I didn't mean fully "private." I meant there are no companies were my communications are fully private.
"dude the bill of rights is a list of restrictions on the
Federal government, not on businesses."
Perhaps when it was written.
lamar, very true about there being no fully private communications companies. It's still AT&T trying to use its old infrastructure, and they were tightly nestled in the covers with the government for a century.
The government wouldn't be telling Verizon what speech it can engage in. It would merely be regulating it's methods of doing business. There's nothing in the Constitution that bans regulation of business.
I have just one word about ISPs regulating/banning mass
mailings.
SPAM
Think about it.
ChicagoTom -
"I don't agree that not allowing an entity to censor a second
entity violates the 1st amendment rights of the first
entity."
Then I demand that you take photocopies of posts written by me and
hand them out on street corners.
What's that? You don't want to be forced to convey my speech to
others?
I also demand that pages 1-4 of the NY Times' main section be
turned over to me so that I can speak my mind to the populace
daily.
Printing presses are "a means of speech" in exactly the same way
and to exactly the same extent as fiber optic cable is.
You're on slightly firmer ground arguing that the initial
concessions and protection from competition granted to Ma Bell back
in the day morally required it to remain a common carrier for all
time, and that requirement has passed down to successor entities.
That would actually be a pretty solid argument - for landline
phones. Wireless phone networks are somewhat different, but I could
potentially get behind maintaining a common carrier requirement
until the various restrictions, at all levels of government,
against starting a new cell network are removed.
"The government wouldn't be telling Verizon what speech it can
engage in. It would merely be regulating it's methods of doing
business. There's nothing in the Constitution that bans regulation
of business."
This would mean that there is nothing in the Constitution against
requiring the publisher of the Village Voice to only sell copies of
its publication that have been written longhand.
This is just a regulation of a business, and not a restriction on
their speech.
"There's nothing in the Constitution that bans regulation of
business."
Ummm, I believe that would be an 'unenumerated right', which is
left to the states. So, talk to your Governor. Unless you are going
to push the interstate commerce clause, which we all know has only
been applied sparingly, and when only absolutely necessary.
There is also no constitutional prohibition against requiring all
media outlets to print all publications in multiple languages, or
from requiring Verizon to have translation staff available at all
times to make sure your speech is available to people who do not
speak the same language. Isn't Government a wonderful thing!!!!
ANything that allows more rather then less ideas in the
marketplace is good.
A bit simplistic...to Fluffy's points, I don't think such a blanket
statement is practical in any sense.
"This would mean that there is nothing in the Constitution
against requiring the publisher of the Village Voice to only sell
copies of its publication that have been written
longhand."
True and not true. Once a regulation becomes too much of a burden,
a court will find that a taking has occurred (i.e., gov't takes
property without compensation), which is Constitutionally
prohibited. Otherwise, the Constitution is silent on longhand.
Wireless phone networks are somewhat different
The spectrum that cellular phones use -- who owns them? Anyone who
wants to do business using that spectrum should have the same 1st
amendment restrictions on it as the government has. No
Censorship.
Here's a different idea then.
How about the government running the telecom industry? Then the 1st
amendment will apply and there will be no ability to censor.
Perhaps there is an irony there. Still, with the
consolidation of media outlets, Verizon shutting down political
speech then lying about it is an ominous specter.
Lamar, there is no consolidation of media outlets. There's
only a consolidation of traditional already-big media such
as major print newspapers. With every consolidation that occurs,
ten more smaller independent outlets open up-- especially in what
we sometimes refer to as 'new media'.
The consolidation which is occurring, Lamar, is because of
their weakening hold on a particular market.
Correct me if I'm wrong, but aren't cell phone carriers licensed by the FCC in much the same manner radio and broadcast TV are? That would mean that government acting on behalf of the public could require carrers to not censor certain messages, etc.
Paul: Yer actually right. What I meant was consolidation of telecommunications companies (like Verizon), not media outlets. That's a poor mistake on my part.
Hey now, did you see the posts on Boing Boing about the new
terms of service with AT & T (and think of the criticisms
concerning the censoring of political speech from a concert)
http://www.boingboing.net/2007/09/29/new-att-terms-of-ser.html
http://www.boingboing.net/2007/10/02/att-snowjob-we-wont.html
From Cory:
"AT&T has brought down new Terms of Service for its network
customers. From now on, AT&T can terminate your connection for
conduct that "tends to damage the name or reputation of AT&T,
or its parents, affiliates and subsidiaries." So AT&T customers
aren't allowed to write/podcast/vlog critical things about
AT&T, its billing-practices, or its cooperation with illegal
NSA wiretapping, on pain of having their connections
disconnected."
So, basically, they reserve the right to cut your friends
connection if they use AT & T to access the net, if for
instance they make a comment complaining of said censoring of
musical broadcasts, or something important like ...say wiretapping,
on a blog such as Hit n Run.
I don't like the government "interference" in free speech, but I
can't say that I like that either.
It doesn't matter if the government allows you free speech if you
aren't allowed free speech. And considering AT & T's work with
the government, are they really as "seperate" an entity as say my
local dry cleaners?
The separations between my local dry cleaners and the government is
clear, AT & T however, coming from years of government mandated
and controlled monopoly to the present day...not so clear...sure
seems like something there.
And speaking of the NYT, I'm betting they don't refuse to talk to,
or do business with someone over critique.
I'm betting that's a bit rarer.
Freedom of speech was not invented to prevent the government
from regulating speech.
Jefferson and his contemporaries were quite clear on this point -
it isn't just an issue of individual freedom, but of an open and
vigorous debate among the public being an affirmative good for
society. They didn't just limit their arguments to "people should
be able to read newspapers and argue in pubs," but extended them to
"it is good when people read newspapers and argue in pubs."
Selling a service to transmit messages across state lines would
most certainly have been considered interstate commerce, even in
1789. There is no jurisdictional issue here.
The issue to me seems to be whether modern telecommunications
companies are a version of Common Carriers.
To head off my legions of admirers, please note the word "just" in the second sentence of my 3:13 post, and don't bother with A-HA! posts about how I don't believe the First Amendment limits the government.
""""AT&T has brought down new Terms of Service for its
network customers. From now on, AT&T can terminate your
connection for conduct that "tends to damage the name or reputation
of AT&T, or its parents, affiliates and subsidiaries." So
AT&T customers aren't allowed to write/podcast/vlog critical
things about AT&T, its billing-practices, or its cooperation
with illegal NSA wiretapping, on pain of having their connections
disconnected."
"""
Just because they make it part of their "Terms of Service" doesn't
mean they can do it under the law.
or, you could demand they pay you for the floor space, and
if they didn't would that be an infringement of free speech, or an
economic issue? I get the issues here, just don't make it out to be
left wingers playing up their causes while shutting down right wing
speech.
Hey, Lamar, maybe I was a little snarky, sorry about that. Since
others have have subsequently made my points and made them better
than I, I'll leave it at that.
So AT&T customers aren't allowed to write/podcast/vlog
critical things about AT&T, its billing-practices, or its
cooperation with illegal NSA wiretapping, on pain of having their
connections disconnected."
Yeah, HP won't let you write about their crappy computers on the HP
blog neither. Tried that once. It took them about thirty minutes to
delete it.
And, surprisingly enough, if you go to my ISP's website you will
only see quotes from customers who LOVE THE SERVICE. There is not
one excerpt from TWC's many emails complaining about how lousy the
ISP really is.
" Freedom of speech is protected, first and foremost, by private ownership of the means of speech." I guess in theory, but I have to say NPR or the Newshour on PBS consistently has much better speech (more diverse, more objective, and more intelligent) than anything I hear on the private radio and tv stations...
I can start my own blog if I believe that the newspapers aren't
covering what's important, but I can't start my own internet now
can I?
Just for the record...yes, you absolutely can. Most likely no one
will use it, but there's no reason you couldn't start your own
internet.
"government should require the company to stay out of the speech
regulation business"
What about walmart only selling CDs that have had the swearing
removed.
"To be fair, the NY Times is saying the government should
require the company to stay out of the speech regulation business.
Perhaps there is an irony there. Still, with the consolidation of
media outlets, Verizon shutting down political speech then lying
about it is an ominous specter"
I will have a scoop of hyperbole with my breakfast this
morning.
"What about Walmart only selling CDs that have had the
swearing removed."
You're a day late and a dollar short. We've already made the
distinction between filtering out spam and monitoring personal
communications. I've also noted a big difference between a media
outlets or retailers and communications companies. In short, if you
read the comments above, you would see that nobody is advocating
telling retailers what they can and can't sell and nobody wants to
tell media companies what they have to print.
Bob, a balanced meal is always best.
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