Trump has no right to Twitter's audience

 Previously published in the Terre Haute Tribune Star, 1/16/21

When a social media company bans someone, for whatever reason, is that a violation of that person’s free speech rights?

Seems that a lot of people might think so, and actually support it. In a November 2020 Gallup/Knight Foundation poll, 44 percent of Americans expressed support for restrictions on free speech on social media. That was an increase of nine percentage points from the previous year.

I am a staunch supporter of First Amendment rights. But, like it or not, those rights are restricted to the “public square.” And in our current society, we have pretty much abandoned the public square for something that looks like the public square, except it’s privately owned. Disney’s Mainstreet is not the same as the grounds of a state capitol. Twitter, Facebook, Parler, even the webpages of newspapers, are not public space, they are ultimately private spaces which have very large audiences. Their right to publish is constitutionally protected, but it’s not unlimited. They can be sued for libel.

In short, we have freedom of speech, but with limits. The famous "yelling fire in a crowded theatre when there is no fire" is one example.

I have a right to write this essay. I don’t have a right to an audience. I can take this essay to city hall and read it out loud. No one can interfere with me, at least not a government official or anyone acting as their agent. But I cannot demand that people pay attention. I’m fortunate that the editor of the Tribune-Star believes that what I write is worthy of being presented to the newspaper’s audience. The paper has developed an audience. In some ways, perhaps by publishing this essay, they hope to maintain and perhaps even increase it.

Social media has changed access to an audience. With an account, one can have access to an incredible audience, both in terms of size and reach. And the ability to share expands that audience. Whereas a newspaper sells subscriptions, both for print and virtual, social media simply assembles an audience. Audience members consume an incredible amount of advertising and in exchange for “membership” social media companies gather a lot of information from that audience and sell it. Most people who have an account with social media spend more time as an audience member (consumer) than exercising their ability to express themselves to an audience.

The U.S. Constitution provides us with a right to free speech but not to an audience.

Social media doesn’t expand our ability to express ourselves. It expands our ability to reach an audience. And, with private social media companies, beyond the tech, they “own” the audience, or at least access to it.

When Twitter banned President Trump from access to Twitter’s audience, they did not violate his ability to express himself; they denied him “their” audience. President Trump might have millions of “followers” but they have to have a Twitter account, meaning while they follow the President, they are still part of Twitter’s audience. And Twitter “controls” if not “owns” the audience. Nothing stopped him from calling a press conference, the pre-social media manner in which presidents communicated to the country. He could have issued a statement to be run through news media or on the White House website (www.whitehouse.gov).

Finally, if you believe that President Trump’s free speech was violated by Twitter, then getting angry at what the Tribune-Star publishes and canceling your subscription in response is a violation of the freedom of the press. And if that sounds ridiculous, it’s because it is, just as ridiculous as claiming that President Trump’s free speech was violated by Twitter.

However, the ability to deny an audience to certain ideas does seem to have a negative public impact. The ACLU thinks so (will conservatives embrace the ACLU on this one?). But to rein in social media’s power will require regulation. Regulation that conservatives detest (let the market decide) and that liberals might consider but once you begin the task, it quickly becomes impossible. Perhaps we need an NPR Twitter-like platform. A public option, if you will. Less Disney, more National Park.

Thomas L. Steiger is a professor of sociology and director of the Center for Student Research and Creativity at Indiana State University. Email thomas.steiger@indstate.com.

Outing whistleblower: punishment, vilification

(previously published in the Terre Haute Tribune Star, 11/17/19)
Hurtling down I-70 I was half listening to the news and thinking about why President Trump and right-wing news and commentary operations are so fixated on outing “the whistleblower.” At this point, given the corroborating evidence, it would not make any difference. Somewhere around mile marker 57 it hit me: it’s about payback, about intimidation, and a warped sense of what it means to “be strong.”

I began to formulate this essay and then this hits my screen: a tweet from Bill Kristol (a New York Times conservative columnist): “I’m struck by Trumpworld’s obsession with the whistleblower. Exposing him wouldn’t help Trump’s case a bit. But it’s clear that outing him would be really satisfying psychologically to Trumpsters. One forgets how central to Trumpism are petty vindictiveness and cowardly bullying.”

We can make our own digs at others, which seems to be how so much of our national dialogue has become, which, by the way, is a win for those who support this kind of response to “the whistleblower.” I see it as part of one of the most misunderstood aspects of President Trumps campaign to “make America great again.”

“Drain the swamp.” Can’t dispute the marketing appeal of that. Both “sides” use it but it means something very different to each “side.” If you understand “drain the swamp,” as I do, to rout out corruption, to end the open bribery of our elected officials through the vast flows of money to campaigns, deliberate creation of conflicts of interest by placing people in charge of oversight who have a personal interest in the industries they are overseeing, stuff like that, then you misunderstand what drain the swamp means for President Trump and his supporters.

Drain the swamp is about what has also become known as the “deep state.” In short, the swamp is the people who have made civil service (and the military) their life’s work. These are not elected officials, but people with the “technical” skills and experience to carry out the business of the United States government. These are the career foreign service officers, career public health officials, all those lawyers who work for the justice department and federal judges. It also includes the press who cover the doings of our politicians.

If you don’t understand this, then consider after the overthrow of Saddam Hussein, the de-Ba’athefication of the government and what that lead to. It lead to a dearth of knowledge about how to make the government work. And that is what we are seeing right now with President Trump. Look at Rex Tillerson’s gutting of the State Department. The moving of the research and policy analysis operations of the Agriculture Department out of Washington to remote agricultural areas is how the Administration is getting policy experts to quit. Even career military are suspect, otherwise the torrent of hate toward Lt. Col. Vindman would not have happened. And the preference for ideological conformity over experience, “judicial temperament,” and achievement in selecting federal judges is also part of “draining the swamp.” Labeling press coverage that is viewed by President Trump and his supporters as negative is “fake news” even if it’s true.

The whistleblower is a career person in either the intelligence area, foreign service, and/or national security. In short, s/he makes their living serving the government of the United States. They serve the United States, not narrowly the individuals temporarily in power. This is the swamp that President Trump and his supporters are trying to drain, not the swamp of corruption, conflicts of interest, cronyism, and nepotism.

This is also why the whistleblower’s identity is so important to reveal. The vilification has already occurred and then, if identified, the whistleblower will be punished, not officially, but through anonymous threats, dirty tricks, and so forth. The whistleblower’s service will be twisted in such a way as to further the narrative that the “swamp” needs draining and enough people will not object. This will also serve to undermine “protections” for those in honorable service to the country rather than in service to any temporary tyrant.

Ultimately, “draining the swamp” for President Trump and his supporters, is about draining all sources of opposition to whatever President Trump and his supporters want. As long as there are those who will object, or even tell the truth if the truth shows President Trump and his supporters in a bad light, then the swamp needs draining.

Thomas L. Steiger is a professor of sociology and director of the Center for Student Research and Creativity at Indiana State University. Email: thomas.steiger@indstate.edu.

Letting the authoritarians lead the way

Previously published in the 2 July 2017 Terre Haute Tribune Star.

Today, the senior demon Authoritarian is meeting with President Trump. 

“Welcome, welcome, my friend, President Trump.  Congratulations on your astounding victory last November and most recently achieving your travel ban.”

“Thank you, Authoritarian.  America has lost its way.  I will turn her back on the right road and make her great again.”

Authoritarian chuckles and waves to his nephew, Pootie Poot. “Join us Pootie.”

“Good evening Uncle and it’s very good to see you again Donald.  It has been too long.”

“Pootie Poot? “

“Just a term of endearment an uncle has for his nephew, Donald.  May I also congratulate you on your recent triumph over CNN.  The press is a great threat to your total authority.  I understand your frustration.  If I may, continue to wage war against the press.  The American people don’t care and it helps to solidify devotion among your supporters.”

“The press should not be questioning, they should be reporting.  Pootie Poot’s  press does that and those who do not are dealt with swiftly.  It is not for the press to hold you accountable.  In fact, you don’t have to speak to them at all.”

“Also, if I may, do not exalt in your victory at the Supreme Court.  What if it had ruled against you?  The courts are a potential block to your total authority.  You must continue to put them in their place.  Congress is also a threat to your total authority.  I see that the new Senator Young, from Indiana, is suggesting that Congress should assert itself over your ability to be strong with your enemies.  I would point out that his party cannot even repeal healthcare, that is, Obamacare holding all three branches of government and 33 states.  Tell him to shut up, that he is undermining the safety and security of the nation.”

“I like how you think, Authoritarian, maybe I need you on my team.” 

“President Donald, I appreciate that, but I think you are doing fine.  You made those weak democratic leaders in Europe look like lost sheep  last month.  You broke with the herd mentality on almost everything they hold dear.  And I think you could be a leader among the strongmen of the Arab world.”  To himself, Authoritarian thinks “I had great hopes for Arafat and his Pan-Arab approach.  That outpost of democracy in the middle east must be extinguished.”

“Uncle, the United States seems to be in turmoil over many things.  Americans seem riled about the repeal of Obamacare, the travel ban, education, the military, everything.  I would never put up with so much chaos, why do you seem unconcerned about it with Trump’s United States?”

“Pootie Poot, are you suffering from dementia? Do you not recall glasnost and perestroika?  Communism forced authority upon the people.  It’s better when they want it.  Glasnost and Perestroika were necessary times of chaos to show the people they wanted, needed, strong authority.  What was your last vote total?”

“I was voted in by over 63% of the voters.”

“Haha, that is even more than our new friend Donald got.  Don’t react President Trump, you will win easily the next election.  You have much power in the American Presidency, do not fear using it.  Silence the press, use the same brilliant strategy you used against the other Republicans who wanted to be President.  It should not be hard to assert your will over the shepherd McConnell.  In fact, sow more chaos and just blame Congress for it.  You can create much turmoil in the health care markets, you have a debt limit fight coming, refuse to borrow over the limit force the spending cuts that are needed.  Bend Congress to your will.”

“Refuse to pay the UN, talk of leaving that worthless organization.”  Ask one of the EU leaders to host it, Let Germany have it.  I applaud your change in policy toward Cuba.  Lifting the sanctions against Cuba only would give rise to those who wish democracy in Cuba, tightening the sanctions creates the conditions for strong Authority, to protect Cuba’s sovereignty.  This is a wonderful gift to the hardliners in Cuba and in Miami. Bravo.”

“Authoritarian, do you play golf?”  I’d love to host you at one of my exclusive clubs.” 

“Are you a betting man, Zaika?”

“What are we playing for?”

Pootie Poot interrupts, “what is this?  I think this is a listening device.  Could be NSA. “  Sound of the device landing on the floor……signal lost.