Trump Official Brendan Carr's War on Free Speech

Trump Official Brendan Carr's War on Free Speech

Released Thursday, 20th March 2025
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Trump Official Brendan Carr's War on Free Speech

Trump Official Brendan Carr's War on Free Speech

Trump Official Brendan Carr's War on Free Speech

Trump Official Brendan Carr's War on Free Speech

Thursday, 20th March 2025
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1:13

going to punish you for it. Brendan Carr

1:15

isn't a household name yet, but

1:17

he should be. As chair of

1:19

the Federal Communications Commission, he's quietly

1:21

positioned himself as one of the

1:24

most dangerous figures in the Trump

1:26

administration's ongoing war on free speech.

1:28

Carr has repeatedly used his government

1:30

position to intimidate journalists, punish media

1:32

outlets, and pressure tech companies into

1:34

cracking down on free expression. And

1:36

he has done all of this

1:39

while building his profile as a

1:41

free speech influencer on X. If

1:43

left unchecked, Carr's censorship crusade could

1:45

fundamentally reshape our information ecosystem and

1:47

have massive consequences for anyone seeking

1:49

to speak freely without fear of

1:51

government retaliation. I'm thrilled to have

1:53

Mike Maysnick, the founder of Tech

1:55

Dirt, which is the best outlet

1:57

covering all of these issues, joining

1:59

me today. We're going to be breaking

2:02

down who Brendan Carr is, why his

2:04

agenda is so dangerous, what exactly he's

2:06

doing to dismantle free speech in America,

2:08

and how it all fits into a

2:11

much bigger movement to control who can

2:13

speak freely online. Mike, welcome to Power

2:15

User. Yeah, thanks for having me. Always...

2:18

always fun to talk to you. So

2:20

just to sort of start off and

2:22

level set, can you explain to people

2:24

that might not be familiar? What is

2:27

the FCC? What does it regulate? So

2:29

it's the Federal Communications Commission. The sort

2:31

of the historical element of it was

2:33

that it was put together to manage

2:36

the sort of allocation and any regulation

2:38

around spectrum. Spectrum is, you know, the

2:40

things in the air in the space

2:43

that allows for some sort of communication,

2:45

whether it's television broadcast, radio broadcast. That's

2:47

what it was originally designed for because,

2:49

you know, as television and radio were

2:52

first invented in the early 20th century,

2:54

people began to realize they were using

2:56

spectrum to broadcast this content. and there

2:58

was a limited amount of it. So

3:01

each television station has some slice of

3:03

spectrum, each radio station has some slice

3:05

of spectrum, it allows you to communicate

3:08

over certain distances, certain types of content.

3:10

And what people realize is there's only

3:12

so much of it. And if multiple

3:14

people are broadcasting over the same spectrum

3:17

in the same space, you will get

3:19

interference and you will knock out some

3:21

signal and cause problems with others. So

3:23

they said somebody needs to sort of

3:26

present the rules of the road and

3:28

figure out who has which spectrum, what

3:30

they can do with it, what the

3:33

rules are. And so that was sort

3:35

of the beginning of the FCC. It

3:37

was created to sort of manage that

3:39

that single aspect. you know, sort of

3:42

changed a bit over time, but that

3:44

is really the basics of it. It

3:46

is supposed to manage how spectrum is

3:48

shared. The biggest sort of change is

3:51

that it also has some say over

3:53

certain types of telecommunications services. And it

3:55

can do certain kinds of regulations on

3:58

that, including in some cases, which it

4:00

doesn't really do anymore, price setting. So

4:02

it can tell phone companies how much

4:04

they can charge for certain things, which

4:07

it is mostly said, we're not gonna

4:09

do that anymore. So I think there's

4:11

what the FCC has traditionally done and

4:14

then what this man Brendan Carr, who

4:16

is currently running the FCC, wishes it

4:18

could do. Can you also explain who

4:20

Brendan Carr is? For people who don't

4:23

know, how did he end up as

4:25

chair of the FCC? has been at

4:27

the FCC for a while for in

4:29

fact for most of his career he

4:32

has been at the FCC he had

4:34

a brief stint where he was just

4:36

a telecom lawyer at a big law

4:39

firm in DC and but was only

4:41

there for a few years and then

4:43

went on staff for Ajit Pi who

4:45

was the former chair of the FCC

4:48

and had been just an FCC commissioner

4:50

under the Obama administration and so Carr

4:52

went in as a staffer for Pi

4:54

and then eventually rose up to become

4:57

general counsel of the FCC and then

4:59

when there was an opening during the

5:01

first Trump administration car was appointed as

5:04

one of the commissioners and then he's

5:06

been a commissioner ever since was renewed

5:08

by Biden just for background the the

5:10

FCC has five commissioners and it's always

5:13

three who are whichever party has the

5:15

presidency they get three commissioners and the

5:17

the other party gets two commissioners and

5:19

so you know he's been a commissioner

5:22

since I think 2017 but before that

5:24

he was the general counsel of the

5:26

FCC and deeply and deeply involved in

5:29

a bunch of things the FCC did.

5:31

And then when the second Trump administration

5:33

began, he was moved from just a

5:35

regular commissioner up to being the chair

5:38

of the commission. He also played a

5:40

role in Project 2025, right? Didn't he

5:42

write the Project 2025 telecom staff? Yeah,

5:44

he wrote the chapter on sort of

5:47

telecom and broadband stuff, which raised a

5:49

bunch of eyebrows because he was an

5:51

FCC commissioner at the time and people

5:54

who are in the government are not

5:56

supposed to be working on documents like

5:58

that. I forget the exact details. I

6:00

think he... He either claimed he got

6:03

a waiver for it or he said,

6:05

that it wasn't directly referencing his job

6:07

which is obviously nonsense because it very

6:09

much was directly on point with what

6:12

his job is and so that was

6:14

that was pretty sketchy to do that

6:16

you know the other thing about about

6:19

car is that he really got into

6:21

social media and in particular Twitter slash

6:23

X and just really sort of dove

6:25

in and really seem to like the

6:28

engagement and sort of the sort of

6:30

fighting nature. I want to talk about

6:32

that because I feel like this is

6:34

how he got on my radar. I

6:37

don't generally cover tons of tech policy

6:39

stuff but he started to crop up

6:41

on Twitter fashioning himself as a free

6:44

speech warrior almost trying to become an

6:46

influencer. I think he has something like

6:48

a hundred. thousand followers but he's really

6:50

kind of made himself into this like

6:53

alleged free speech crusader where he just

6:55

goes and attacks journalist I think he

6:57

came into my mentions one time and

7:00

I'm like why wait a minute he

7:02

follows me on Twitter which is you

7:04

know which is kind of surprising that

7:06

I had a sitting FCC commissioner following

7:09

me and and mocking me which was

7:11

always fun yeah well so when did

7:13

he really start to like lean into

7:15

this public profile of being a free

7:18

speech warrior because that's what how he

7:20

really positions himself and i think that's

7:22

what i'm sort of interested in exploring

7:25

today is how he became this like

7:27

alleged free speech warrior and what led

7:29

to that it feels like something that

7:31

he sort of picked up over the

7:34

last few years like i couldn't put

7:36

up a specific point on it i've

7:38

never met him personally i've engaged with

7:40

him on online multiple times but like

7:43

almost everybody i know who's met him

7:45

seems a little bit surprised at sort

7:47

of what he's turned into, you know,

7:50

a lot of people say he's very

7:52

smart and very nice and personable in

7:54

person and people had said he was,

7:56

you know, fairly thoughtful, kind of middle

7:59

of the road, obviously a Republican and

8:01

conservative, but, you know, sort of what

8:03

you would consider traditional conservative Republican kind

8:05

of values, you know, the thing that

8:08

that I had definitely seen going back

8:10

to when he was general counsel was

8:12

that he took positions that were sort

8:15

of what used to be, you know,

8:17

Republican conservative position on telecom issues, which

8:19

was generally we want the FCC to

8:21

not do anything, that the FCC should

8:24

basically give up its regulatory authority on

8:26

telecom and broadband, whatever was best for

8:28

the big telecom companies was going to

8:30

be the best and that would be,

8:33

you know, stepping back, letting them do

8:35

anything they wanted, not using any sort

8:37

of consumer protection authorities that they have,

8:40

not using any authority to block mergers,

8:42

or to go after companies in any

8:44

way, they're very against net neutrality, sort

8:46

of giving this the standard like, oh,

8:49

any of these things is this awful

8:51

regulatory burden, and you know, we need

8:53

to take away the regulations to allow

8:55

innovation to thrive. Sort of very traditional

8:58

Republican, conservative, the types of things that

9:00

you saw from Republican and conservative commissioners

9:02

on the FCC, going back to, you

9:05

know, the 80s and 90s and early

9:07

2000s. And then it felt that somewhere

9:09

during the Trump administration, he sort of...

9:11

It feels like something clicked in his

9:14

head and he's like, oh, this is

9:16

how you play the game. I want

9:18

to read you one tweet that he

9:20

posted right after Trump won, which was,

9:23

he tweeted, we must dismantle the censorship

9:25

cartel and restore free speech rights for

9:27

everyday Americans. I mean, he's posted stuff

9:30

like that, like, basically a steady stream

9:32

of it non-stop. As you mentioned, it's

9:34

like, in some cases, he wants no

9:36

regulation, and then in other cases, it

9:39

seems like he's really... wants almost like

9:41

over regulation. He wants the FCC to

9:43

interfere in ways that they haven't previously.

9:46

And I want to talk about one

9:48

of the most recent examples, which I

9:50

know you covered, which is he threatened

9:52

to investigate NBC's broadcast license because they

9:55

had common errors on Saturday Night Live.

9:57

Can you talk about this? Like, is

9:59

this, is there a precedent for this?

10:01

And is this something that the FCC

10:04

normally gets involved in? Part of the

10:06

problem with this is that there's so

10:08

many layers to unpack. I actually understand

10:11

how ridiculous this is. It takes so

10:13

much to explain. So there is a

10:15

rule. There is this rule called the

10:17

equal time rule. And there have been

10:20

a few different rules that the FCC

10:22

has had in the past, again, regarding

10:24

broadcast television. And sort of the two

10:26

famous ones, and they're sort of opposite

10:29

sides to the same coin, where the

10:31

fairness doctrine. and the equal time rule.

10:33

And the basic idea behind both of

10:36

these is that, well, there's scarce spectrum,

10:38

there's only so many television stations, and

10:40

because there's nowhere else to get your

10:42

news other than television or radio or

10:45

maybe newspapers, and because public spectrum is

10:47

a public good that the government is

10:49

licensing for these people to use, the

10:51

government and the FCC in particular can

10:54

put certain restrictions on how they use

10:56

it, which in any other case would...

10:58

have serious First Amendment implications. So part

11:01

of that was originally the fairness doctrine

11:03

saying basically if you are doing a

11:05

segment on a particularly controversial topic, you

11:07

also have to present the other side

11:10

of it at a sort of equal

11:12

rate. And then the equal time rule,

11:14

which was the same thing effectively but

11:16

for politicians. So if you give air

11:19

time to a particular politician, you have

11:21

to give their opponents in a campaign

11:23

equal time. have been the things that

11:26

Republicans hated. They have, you know, the

11:28

screeds against both of these rules, going

11:30

back decades, was like, this was absolutely

11:32

hated, and in fact, Ronald Reagan effectively

11:35

got rid of the fairness doctrine, which

11:37

I actually think was a reasonable thing

11:39

to do. I know that people will

11:41

disagree with me, and a lot of

11:44

people were very supportive of the fairness

11:46

doctrine, and a lot of people today,

11:48

I think falsely, but we don't have

11:51

to go down this road, think that

11:53

like the problems that we see today,

11:55

came from getting rid of the fairness

11:57

doctrine. I can argue against that, I

12:00

can argue why that's wrong, but that's

12:02

a whole tangent that we don't need

12:04

to go down. But the equal... time

12:07

rule stayed in place. But again, like

12:09

historically, it's always been like the Republican

12:11

point of view was like that it

12:13

should violate the First Amendment. There is

12:16

an argument that if it ever went

12:18

to the Supreme Court again, the fairness

12:20

doctrine or the equal time rule, they

12:22

would say that yes, it violates the

12:25

First Amendment when they originally ruled on

12:27

it in a case, I think in

12:29

the 70s, called Red Lion. They basically

12:32

said, you know, you can put these

12:34

restrictions in place only because it is

12:36

scarce public spectrum. and there is no

12:38

real competition for where you can get

12:41

the news from obviously the internet has

12:43

changed all of that and so now

12:45

there are you know countless sources an

12:47

infinite number of sources that you can

12:50

get news from and so that sort

12:52

of ruling in that sort of rationale

12:54

for allowing these kinds of restrictions no

12:57

longer applies and so it's weird first

12:59

of all that a Republican would ever

13:01

make the claim that we should be

13:03

using the equal time rule that part

13:06

is is bizarre Then you get to

13:08

this, which was, you know, this was

13:10

right before the election, Saturday Night Live,

13:12

had Kamala Harris on, in the opening

13:15

bit, you know, they did this, this

13:17

joking thing with Maya Rudolph, and it

13:19

was, you know, a big deal, and

13:22

Carr immediately went on to Twitter and

13:24

basically went on to Twitter and basically

13:26

said, this violates the equal time rule

13:28

because NBC... He lost his mind over

13:31

this. So he went on Twitter, he

13:33

went on Fox News, and he started

13:35

screaming about how this. The equal time

13:37

rule for whatever little is left of

13:40

it and where and again it's like

13:42

almost never enforced it only applies to

13:44

broadcast television the specific affiliates not to

13:47

NBC proper NBC proper is you know

13:49

they contract with affiliates who have the

13:51

broadcast spectrum and technically the FCC only

13:53

regulates. those affiliates not NBC itself. And

13:56

of course what has always been left

13:58

out in all of this was that

14:00

NBC has decent lawyers and they actually

14:02

recognize that the equal time rule was

14:05

a potentially an issue and so they

14:07

gave free time to Donald Trump the

14:09

next day. during a NASCAR race. And

14:12

in fact, you know, you could argue

14:14

that the time that what they gave

14:16

Donald Trump was even better because with

14:18

Kamala Harris and Saturday Night Live, she

14:21

was part of a bit, which was

14:23

scripted out for her. I'm sure she

14:25

had some input in it, but it

14:27

was a bit. Whereas for Donald Trump.

14:30

They gave him just free airtime to

14:32

do whatever the hell he wanted with

14:34

it, which is very different. But, you

14:37

know, so they satisfied the equal time

14:39

rule. And yet Carr sort of went

14:41

off on this crazy rant about it.

14:43

This is a thing that Republicans have

14:46

really never supported and always insisted was

14:48

unconstitutional and a violation in the First

14:50

Amendment. So you have this guy claiming

14:53

to be a free speech warrior and

14:55

a big believer in free speech using

14:57

this law that, you know. I'm sure

14:59

if you would ask him 10 years

15:02

ago, what he would have said violated

15:04

the First Amendment, coming out there saying

15:06

I want to use this to basically

15:08

punish NBC for platforming Kamala Harris, even

15:11

though they they they abided by the

15:13

law clearly by what they did with

15:15

with giving Trump airtime the very next

15:18

day on the NASCAR broadcast. And so

15:20

all of that is crazy. But the

15:22

underlying point that has to be made

15:24

clear is that he's clearly doing this

15:27

to just punish NBC for for putting

15:29

Kamala Harris on S&L. Like, that's it.

15:31

It's direct, obvious punishment for speech. It

15:33

is a very clear violation of the

15:36

First Amendment. It doesn't go beyond that.

15:38

Like, understanding all of the sort of

15:40

details is important for how it is

15:43

that. But for him to claim that

15:45

he's a free speech supporter and then

15:47

to attack this and a whole bunch

15:49

of the other attacks, some of which

15:52

I'm sure we'll discuss, is just so

15:54

mind-boggling. that anyone will buy into his

15:56

argument that he's a free speech supporter.

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16:44

government to intimidate a media company into

16:46

censoring themselves and not platforming a Democrat

16:48

again. Exactly. The end result of this,

16:51

no matter what happens with NBC, is

16:53

that every news station, every major broadcast

16:55

TV station network, even I'm sure radio

16:58

stations too, because it's going after some

17:00

radio stations, will now be much more

17:02

hesitant about platforming Democrats. because he might

17:04

attack them for it. He might use

17:07

the power of the government to basically

17:09

punish them. And in a lot of

17:11

cases, even if they would win in

17:13

the long run, even if this goes

17:16

to court, and they'll win, the process

17:18

itself is the punishment. They go through

17:20

this investigation. They go through this investigation.

17:23

They have to hire lawyers. They have

17:25

to provide all this paperwork. They have

17:27

to go through this process, which can

17:29

take months or years in some cases.

17:32

And that itself is the punishment. So

17:34

he is punishing them. do not platform

17:36

Democrats. Right, and even if they were

17:39

to follow through and go through that

17:41

entire legal process, I'm sure he would

17:43

create a PR night where, you know,

17:45

the whole way down and God knows

17:48

what would come out in discovery in

17:50

those types of lawsuits, I'm sure would

17:52

be weaponized further against, you know, these

17:54

media companies. So it just seems like

17:57

this whole, you know, crusade to intimidate

17:59

the press, which is terrifying alongside, obviously,

18:01

you know, Trump and others in the

18:04

administration talking about silencing the press and

18:06

of the press briefing room and things

18:08

like that. He hasn't just attacked like

18:10

traditional media companies though too. He's also

18:13

attacked social media companies and I want

18:15

to talk about this fake crusade that

18:17

he has against social media censorship because

18:19

he's basically also tried like what he's

18:22

done to these media companies has also

18:24

sort of tried to do to social

18:26

media companies basically pressuring them into doing

18:29

his bidding under the guise of free

18:31

speech. Most recently he sent this letter

18:33

threatening meta Google Apple and Microsoft accusing

18:35

them of violating free speech by working

18:38

with fact checking services like news guard.

18:40

Can you explain what's going on here?

18:42

Absolutely nonsense here all of which are

18:44

are wrong, but like understanding how to

18:47

get there is so involved And so

18:49

I apologize. Let's start with Newsguard. Okay.

18:51

So Newsguard is a company. It was

18:54

set up by two long-term media execs

18:56

El Gordon Krovitz who was and this

18:58

is really important. He was the publisher

19:00

of the Wall Street Journal for many

19:03

years notorious liberal institution He is a

19:05

died-denwall conservative Republican, he was the one

19:07

pushing all of this sort of, you

19:09

know, right wing stuff in the Wall

19:12

Street Journal for years. You know, and

19:14

so he and and some other sort

19:16

of media folks created this thing called

19:19

NewsCard where they basically said, look, we

19:21

realize that there's this. explosion of news

19:23

services out there and people no longer

19:25

know exactly who to trust and which

19:28

ones are reliable and which ones are

19:30

credible. So we're going to create a

19:32

methodology to judge different new services in

19:34

terms of, you know, how much can

19:37

you trust them? I actually have some

19:39

problems with their methodology, which they got

19:41

really mad at me about. I mentioned

19:44

that in a post and the news

19:46

guard people were not happy that I

19:48

criticized their methodology, but... Gordon Krovitz himself

19:50

said, I respect your free speech rights

19:53

to criticize our methodology, which I appreciate

19:55

it. But they basically ask a whole

19:57

bunch of questions of different news sites.

19:59

There's all different stuff about like, do

20:02

you have a masthead? Do you say

20:04

who your editor is? Do you do

20:06

corrections? If someone finds something wrong, like

20:09

there. There are things that are important

20:11

in there. And then out of that,

20:13

they give everybody a score. And there

20:15

are some other companies that then use

20:18

that score for different things, or different

20:20

people use it. I'm not even sure

20:22

how a lot of people use it,

20:25

but some of the social media companies

20:27

were using that. as one signal of

20:29

many in terms of rating how trustworthy

20:31

certain new sources were and therefore probably

20:34

rolling that into their algorithm in some

20:36

form or another, it's not even exactly

20:38

clear how much. And I think the

20:40

sense that I got from the different

20:43

social media companies is that, you know...

20:45

they felt it was a useful tool

20:47

but certainly not the one that that

20:50

was determinative of you know whether or

20:52

not this new source would appear or

20:54

not if you look at their ratings

20:56

these are not like left-wing biased no

20:59

again like the New York Post or

21:01

someone a neutral rating like there's always

21:03

scandals that basically they're like rating these

21:05

right-wing places that I think a lot

21:08

of us at work in the media

21:10

don't consider very credible as more credible

21:12

than I think you know, most people

21:15

would agree. Yeah, which is why, as

21:17

I said, like, I have, I have

21:19

issues with their methodology. I think it's,

21:21

it's an interesting experiment and they're free

21:24

to do it. It's part of their

21:26

free speech. But again, like, the important

21:28

thing too is that no matter what

21:30

comes out of it, even if their

21:33

methodology was, was absolutely terrible, and I

21:35

thought was the complete opposite of reality,

21:37

that is still their free speech. What

21:40

they're doing is expressing an quintessential protected

21:42

free speech under the First Amendment. So

21:44

they are expressing an opinion, this side

21:46

is trustworthy, this one is not. You

21:49

can have that opinion, I can have

21:51

that opinion about different sources, and that's

21:53

all it is. And yet, for some

21:55

reason, Republicans have freaked out about NewsGuard,

21:58

and I don't fully understand where that

22:00

came from. I know Jim Jordan in

22:02

the House started a, you know, investigation

22:05

of NewsGuard. You know, I'm sure there

22:07

was like some, you know, crazy nut

22:09

job. right-wing publication that got dinged by

22:11

News Guard. And they claimed it was

22:14

this big conspiracy and got Jim Jordan

22:16

to investigate. And then, you know, once

22:18

Jim Jordan investigates, the reality of the

22:20

situation goes out the window entirely. And

22:23

then it just became this, like, weird

22:25

evidence of the censorship industrial complex is

22:27

usually the way they put it, which

22:30

is absolutely nonsense. But it's basically just

22:32

this company that gives a rating that

22:34

they think some new sites are trustworthy

22:36

and some are not. And so Brendan

22:39

Carr basically had an issue. with these

22:41

social media companies and accuse them of

22:43

censorship because NewsGuard was one input in

22:45

their algorithms? It seems that way. I

22:48

mean, he took it further. He said

22:50

that by relying on NewsGuard to censor

22:52

content, which again, they're not actually doing,

22:55

it's also, you know, if anything, it

22:57

may play into their rankings a little

22:59

bit, one of many, many different signals,

23:01

which wouldn't be censorship anyways. Again, like,

23:04

the algorithmic rankings that the social media

23:06

sites put on things is also their

23:08

opinion. These are all opinions, the opinion

23:11

of like, what do we think you

23:13

would like to see next? And again,

23:15

that is protected speech because it is

23:17

opinion, opinions are protected. And so this

23:20

combination of things that what Carr is

23:22

arguing is that doing this relying on

23:24

NewsGuard to influence your algorithm, which he

23:26

says censoring, which it's not, then is

23:29

not being done in good faith. which

23:31

is an important phrase, sort of important

23:33

phrase, because to him, Section 230 of

23:36

the Communications Decency Act, which is a

23:38

whole other issue, has in one section

23:40

a thing that says any website, can

23:42

moderate without liability if they are trying

23:45

to deal with certain types of objectionable

23:47

content in good faith. And so he's

23:49

claiming, because according to him, using NewsGuard

23:51

is not in good faith, therefore they

23:54

should lose Section 230 protections. And Section

23:56

230 protections ensure basically that they're not

23:58

liable for the content that's posted. So

24:01

like if somebody posts something inflammatory on

24:03

Facebook, face... book itself isn't liable, right?

24:05

Exactly. There are a few different elements

24:07

of Section 230 and it is incredibly

24:10

misunderstood and it's a little more complicated

24:12

than most people think of it, but

24:14

the very basics of Section 230 is

24:16

that if someone violates the law through

24:19

their speech, usually defamation or something along

24:21

those lines, create some sort of tort

24:23

with They post on Instagram, screw my

24:26

boss, she's a whatever, whatever, and it's

24:28

defamatory. Right, that the liability should go

24:30

towards the speaker, not the platform that

24:32

it was published on, right? So it

24:35

doesn't get rid of defamation claims, it

24:37

doesn't get rid of any claims if

24:39

there is a tort, it just says

24:41

where you place the liability is not

24:44

on the service that they used, but

24:46

on the person who created the content.

24:48

Which makes sense, because that's the person

24:51

that said it, not Mark Zuckerberg. Exactly.

24:53

Now there is an element of Section

24:55

230 which also then has been used

24:57

and is said to be used directly

25:00

on purpose that that says you also

25:02

cannot blame the platforms for their moderation

25:04

choices. And this was done deliberately by

25:06

the authors of Section 230 because they

25:09

wanted to allow platforms the freedom to

25:11

do content moderation because they realized if

25:13

they did nothing. then platforms would be

25:16

filled up with spam and porn and

25:18

garbage. And if you wanted to create

25:20

a place that was, let's say, family

25:22

friendly, the kinds of things that Republicans

25:25

used to claim they wanted, you know,

25:27

that you needed to give companies incentives

25:29

to actually do that moderation. And that

25:31

was part of the point of Section

25:34

230. Any moderation decisions that they made

25:36

were supposed to be protected from liability.

25:38

So if you took some content down,

25:41

you shouldn't be sued for that because,

25:43

you know, it is part of their...

25:45

power to create the kind of platform

25:47

and community that they want. Yeah, and

25:50

it seems like Carr is against most

25:52

forms of content moderation. I mean, it's

25:54

interesting, and this is part of this,

25:57

I think, larger conservative crusade of that

25:59

sort. like you said, content moderation itself

26:01

is censorship. You heard this from Elon

26:03

Musk as well. Elon Musk, obviously, despite

26:06

all of his claims of free speech

26:08

absolutism, moderates Twitter or X quite heavily,

26:10

right? Like. You've been banned, right? I

26:12

have been banned. I'm back on. Travis

26:15

Brown and many other journalists remain banned.

26:17

You can't say the word cisgender without,

26:19

you know, I'm getting a flag. So,

26:22

you know, and by the way, we

26:24

do want some level of content moderation,

26:26

even as you mentioned, just to keep

26:28

off C-Sal material or, you know, violative

26:31

content, violence, like gore, right? But Carr

26:33

seems to, like, you know, be pressuring

26:35

these companies, And I was struck by

26:37

this when Mark Zuckerberg, because, you know,

26:40

just before the election, Mark Zuckerberg comes

26:42

out, I think anticipating some of this

26:44

intimidation and said, we're going to roll

26:47

back. Like, we're sorry, we overmoderated too

26:49

much. Do you think that that was

26:51

a response to Carr coming in and

26:53

knowing kind of his stance on this

26:56

stuff? Yeah, I mean, it was a

26:58

response to a few things, obviously. He

27:00

was not well informed, which doesn't make

27:02

sense, or if it was more specific

27:05

to this. So I think, you know,

27:07

he was getting threatening letters from Carr.

27:09

He also had Donald Trump write a

27:12

book where he said we should imprison

27:14

Mark Zuckerberg for the rest of his

27:16

life, which seems like a threat. And

27:18

so it really felt that Zuckerberg caved

27:21

directly to pressure. Now, the ridiculous thing

27:23

was that in the process of doing

27:25

this, in caving to the Republican threats

27:27

against him from Carr and from Trump,

27:30

he claimed that he was doing this

27:32

because he was sick of dealing with

27:34

the threats from the Biden administration. Even

27:37

though he admitted very clearly, like, you

27:39

know, he gave this interview on Joe

27:41

Rogan. where he talks about the horror

27:43

of the Biden administration calling up Facebook

27:46

employees and cursing at them, which he

27:48

made. This represents, by the way. And

27:50

then he says, very clearly, multiple times

27:52

on Joe Rogan, but we told them

27:55

no. And so if the government comes

27:57

and yells at you about your moderation

27:59

choices and you are free to say,

28:02

no, we're not going to change, we

28:04

stand by our policies, then as the

28:06

Supreme Court said just last year, in

28:08

a case about Facebook and. you know,

28:11

demands from supposed demands from the Biden

28:13

administration, like there's no evidence that Facebook

28:15

was pressured by the government at all

28:18

in any of this. And yet here,

28:20

now we have very direct threats as

28:22

opposed to the supposedly indirect threats of

28:24

the Biden administration. Trump and Carr made

28:27

very direct threats against Zuckerberg and others.

28:29

And then immediately he's like, okay, we're

28:31

going to start moderating the way you

28:33

want. And in fact, it was then

28:36

later reported that before Zuckerberg announced the

28:38

plan, he went to Stephen Miller, which

28:40

is a high level Trump advisor, and

28:43

had him go over the plans, the

28:45

change in moderation plans to see if

28:47

they were okay, which should raise all

28:49

sorts of First Amendment alarms. Like if

28:52

you are a media company and your

28:54

editorial policies first get approved. by the

28:56

president that's a first amendment emergency and

28:58

and it should be seen as that

29:01

and yet we don't hear that and

29:03

instead we hear that car is some

29:05

great you know first amendment free speech

29:08

warrior right he's bringing free speech back

29:10

to meta another platform that car has

29:12

targeted is tick-talk this has been in

29:14

his cross hairs forever he advocated aggressively

29:17

for the tick-talk ban obviously you know

29:19

my feelings on my feelings on this

29:21

I feel like that ban is completely

29:23

I feel like that ban is completely

29:26

unconstitutional and restricts the you know speech

29:28

of a hundred seventy million Americans but

29:30

why do you think that tick-talk has

29:33

come in his cross hairs and what

29:35

did he sort of the most behind

29:37

it right I mean I think it's

29:39

not all that different than the motivation

29:42

among a lot of politicians and sort

29:44

of the political class these days that

29:46

just are like completely frightened by TikTok

29:48

and the fact that like the kids

29:51

these days are not... Too much speech.

29:53

Too much speech that they don't like.

29:55

The whole idea of banning Tiktak in

29:58

the first place, remember, came about when

30:00

Donald Trump got mad at them because

30:02

a whole bunch of kids on Tiktak

30:04

reserve tickets for a rally and then

30:07

didn't show up and made this arena

30:09

appear half empty, which is again speech,

30:11

right? And then I just want to

30:13

say too, because I made another video

30:16

about this recently, but then Gallagher and

30:18

Warner were on a panel recently together

30:20

in Munich talking about the quote unquote

30:23

real. reason the tick-talk was banned, and

30:25

they brought up speech again. They were

30:27

talking about pro-Palestinian speech and how that

30:29

was what it was able to get.

30:32

the ban through. There were a number

30:34

of politicians who admitted directly and again

30:36

like you know sort of confessing to

30:38

violating the First Amendment that they were

30:41

upset that pro Palestinian speech was popular

30:43

on on the platform and therefore that

30:45

was one of the reasons why they

30:48

needed to ban it which is problematic

30:50

for all sorts of reasons so the

30:52

case happened and the Supreme Court I

30:54

think ruled incorrectly but again they're the

30:57

Supreme Court so you can't... entirely question

30:59

that, but Carr was 100% supportive of

31:01

this idea that TikTok is bad. As

31:04

for why, who knows? You know, it

31:06

is not entirely clear. I think it

31:08

could have just been general fear of

31:10

China. I mean, the FCC had been

31:13

a part of earlier efforts to sort

31:15

of block Chinese companies from operating in

31:17

the United States. And so it could

31:19

be that, it could be just, you

31:22

know, there was all this constant like

31:24

national security sort of doomerism that went

31:26

around about how it was, you know,

31:29

a national security threat, like there was

31:31

spyware on it, which has never been

31:33

shown or never been proven. And so.

31:35

You know, I think it was just

31:38

one of those things where he was

31:40

he was sort of playing the role

31:42

of the anti-China. We have to say

31:44

the China Hawk. I just think as

31:47

somebody again that professes to be the

31:49

ultimate free speech warrior, it's just so

31:51

interesting to see the way that he,

31:54

it all goes out the window continually

31:56

when he's dealing with these platforms. There

31:58

are so many contradictions in the way

32:00

that that car acts and and I

32:03

want to talk about one other one

32:05

Which is that you know again like

32:07

car came out of this world of

32:09

the sort of Republican conservative FCC commissioners

32:12

that for the last 20 years have

32:14

been against the concept of net neutrality.

32:16

And we don't have to get too

32:19

deep in the weeds on net neutrality,

32:21

but the basic concept is that your

32:23

internet service provider, whether it's AT&T or

32:25

Verizon Comcast, whoever, that they shouldn't be

32:28

allowed to throttle or block certain content

32:30

or they shouldn't be able to say

32:32

like, oh, you know, if you want

32:34

to have access to Netflix and YouTube,

32:37

you have to pay extra. that they

32:39

shouldn't have the right to do that.

32:41

They're sort of core infrastructure. They're sort

32:44

of, you know, the highways, the information,

32:46

super highway, whatever you want to call

32:48

it. And so therefore they shouldn't be

32:50

able to block it. And for a

32:53

little while, almost exactly 20 years ago,

32:55

there was sort of a bipartisan belief

32:57

in this concept of net neutrality. And

32:59

there was just a question of how

33:02

would you actually put that into law?

33:04

There were a couple of times by

33:06

Congress to do stuff, but Congress can't

33:09

do anything. This is only true on

33:11

the political class. If you poll the

33:13

public, overwhelmingly, it's like 84% support net

33:15

neutrality. That's like 70% of Republicans and

33:18

like 95% of Democrats or something crazy

33:20

like that. Don't quote me on those

33:22

numbers, but it's something in that range.

33:24

But the political class has decided that

33:27

net neutrality is. you know, evil government

33:29

takeover of the internet, regulation, it's Obamacare

33:31

for the internet, depending on who you

33:34

talk to, all of these things. And

33:36

Carr was one of the leading voices

33:38

in saying that net neutrality is evil

33:40

and specifically that it violated the First

33:43

Amendment. And this is an argument that

33:45

has made the rounds a little bit,

33:47

basically saying that because the ISPs, your

33:50

Comcast Verizon, whoever, because they are providing

33:52

the network to tell them that they...

33:54

can't block access to certain websites is

33:56

a violation of their free speech. It's

33:59

a very twisted thing. Because they don't

34:01

have the right to censor, that means

34:03

that their free speech rights are being

34:05

restricted? Yes. And so you should be

34:08

careful here because there is a sort

34:10

of weird argument where that makes sense,

34:12

but it doesn't really make sense here.

34:15

And the only person who has ever

34:17

sort of bought into that argument was

34:19

a judge on the DC circuit named

34:21

Brett Kavanaugh, who is now on the

34:24

Supreme Court. But we'll leave that aside.

34:26

Here's the thing. You can believe that

34:28

argument. I don't. I think it's wrong

34:30

for a whole wide variety of reasons.

34:33

But at the same time, Carr is

34:35

100% insistent that you can use Section

34:37

230, reinterpret Section 230 entirely. And again,

34:40

as I said earlier, the authors of

34:42

Section 230 have said this over and

34:44

over again. It is designed to create

34:46

incentives for... Internet websites to moderate their

34:49

content to create whatever type of community

34:51

that they want, including family friendly, including

34:53

communities that are just for Republicans, communities

34:55

that are just for Democrats, communities for

34:58

people with eating disorder, whatever community you

35:00

want, you have to be able to

35:02

create your own rules and enforce them.

35:05

And this is because they are a

35:07

level above. They're not the Internet service

35:09

provider. They're not your connection to the

35:11

wider Internet. itself, and so therefore they

35:14

have to be able, you know, each

35:16

website is different, each website should be

35:18

able to set its own rules, and

35:20

each website should be able to enforce

35:23

its own rules without facing legal liability

35:25

for that. That's the theory behind Section

35:27

230. Brendan Carr believes that he can

35:30

reinterpret Section 230 to force websites to

35:32

do no moderation at all of political

35:34

content. And what counts as political is

35:36

increasingly unclear. But this is, you know,

35:39

if you think about these two things

35:41

together. that net neutrality is a violation

35:43

of the First Amendment, but that you

35:45

can enforce no moderation effectively the same

35:48

thing as net neutrality on service providers.

35:50

There's no way to align those two

35:52

concepts. Like the way I think about

35:55

it is basically saying that you are

35:57

saying... that the roads, the highways, can

35:59

discriminate and block certain people from traveling,

36:01

but then you say a store on

36:04

the road cannot kick anyone out of

36:06

their store. Right? You're saying like, you

36:08

know, that the Comcast can say, oh,

36:10

you can't go to YouTube, but YouTube

36:13

can't tell you that you can't post

36:15

a comment to YouTube. It makes no

36:17

logical sense. You can't put those two

36:20

things together. I can kind of see

36:22

an argument where somebody says like, you

36:24

know, something like this could apply to

36:26

both or there's a very clear and

36:29

I think reasonable argument that neutrality should

36:31

apply to the the infrastructure layer to

36:33

the ISP but not to the service

36:36

provider above it because that that's how

36:38

it works right that's that's literally how

36:40

it should work but you can't do

36:42

the flip where you say like the

36:45

lower level can can can't but the

36:47

upper level can't it makes no sense

36:49

I mean I think the just absurdity

36:51

of it kind of highlights the broader

36:54

issue that I think myself and many

36:56

people have with Carr, which is that

36:58

he's not intellectually honest or consistent. He

37:01

is a very clear political actor and

37:03

the only way that these sorts of

37:05

actions in my mind make sense is

37:07

if you look at them through a

37:10

political lens, which is what is most

37:12

politically expedient, what can I do to

37:14

further my... conservative agenda and essentially, you

37:16

know, ensure that progressive content, democratic content

37:19

is censored online and Republicans have free

37:21

reign of the energy. Yes. And it's,

37:23

you know, and I almost hesitate to

37:26

call conservative agenda, right? Right. Because it's

37:28

not, right. It's, it's, it's its own,

37:30

it's like, yeah, it's Trumpism. Yeah. And,

37:32

you know, there's a really clear example

37:35

of this, which was that in the

37:37

last year or so, it may go

37:39

back a little bit further, there were

37:41

four different cases that were brought to

37:44

the FCC. about the renewal of broadcast

37:46

licenses. These are for affiliates, so local

37:48

TV or radio stations, where people challenge

37:51

the renewal. And the renewal is generally

37:53

pretty proformer, like you have a license.

37:55

your spectrum and you know every so

37:57

often you have to renew it and

38:00

generally you send in your forms and

38:02

the FCC stamps it and that's it

38:04

I don't even I can't even think

38:06

of a case where the the renewal

38:09

didn't didn't go through but there were

38:11

four challenges during the the last administration

38:13

and one of them was by a

38:16

bunch of progressive groups against a Fox

38:18

affiliate in Pennsylvania somewhere. I forget exactly

38:20

where. And they were arguing that based

38:22

on the dominion case, which, you know,

38:25

we don't have to go into the

38:27

details, but basically, you know, sued Fox

38:29

for defamation and, you know, won a

38:31

settlement of 780-something million dollars, you know,

38:34

just crazy amounts of money. And so

38:36

they were arguing that because of that

38:38

settlement and this affiliate had rebroadcast a

38:41

lot of the content that was found

38:43

to be defamatory. that they had violated

38:45

some of the terms of their spectrum

38:47

agreement, their license agreement. The three other

38:50

ones of the four were brought by

38:52

a very right-wing conservative group against different

38:54

providers for different things. Each one was

38:56

slightly different, but each one was effectively

38:59

saying you platformed Democratic content that we

39:01

didn't like. And so right at the

39:03

end of the last administration, the previous

39:06

FCC commissioner Jessica Rosenmursil, who was a

39:08

Democrat, dismissed all four of those and

39:10

wrote in the explanation very clearly this

39:12

would violate the First Amendment. Like, it's

39:15

a speech issue and like, doesn't matter

39:17

which side of the aisle, there was,

39:19

you know, one complaint from the left

39:22

against the right and three complaints against

39:24

the right against the right, like all

39:26

of these, it's not our job to

39:28

be judging on speech. and therefore you

39:31

know we're not doing anything we're gonna

39:33

we're not we're not taking up this

39:35

this these requests to remove the licenses

39:37

from from these stations we're gonna let

39:40

him go that happened like a week

39:42

before the inauguration the inauguration comes in

39:44

car gets appointed to to be FCC

39:47

chair he doesn't have to go through

39:49

Senate approval because he's already been approved

39:51

as a commissioner so they can bump

39:53

him up to the chair and one

39:56

of the very first things he does

39:58

is reinstate three of those efforts the

40:00

three from the right-wing group against you

40:02

know for platforming democratic speech effectively this

40:05

was as clear cases you can see

40:07

as clear cases you can see where

40:09

the the previous administration was very clear

40:12

like we're not going to touch this

40:14

this is political this is obviously trying

40:16

to abuse our power to violate the

40:18

first amendment we're not going to touch

40:21

those things across the board doesn't matter

40:23

which political side of the aisle this

40:25

is on car comes in He ignores

40:27

the one that was dismissed that was

40:30

left-wing groups complaining about Fox and immediately

40:32

reinstates the other three and says, we

40:34

need to do more investigation of this.

40:37

It's just all so transparent. It's infuriating.

40:39

And he's doing all of this while

40:41

transparent. It's infuriating. And he's doing all

40:43

of this while ranting about free speech.

40:46

One of like a top first amendment.

40:48

One of the best. Yeah. But he's

40:50

sort of cultivated this phantom that I

40:52

would say is very Elon like very

40:55

much smaller, but that sort of believe

40:57

that yes, this is restoring free speech.

40:59

And it's terrifying to me as somebody

41:02

that actually cares about free speech. And

41:04

I'm sure to you too. What do

41:06

you think? And obviously like, you know,

41:08

his powers are limited somewhat, you would

41:11

think. in terms of what the FCC

41:13

actually has jurisdiction over, but what do

41:15

you think that the internet and media

41:17

landscape could look like in the next

41:20

few years if Carr is continually allowed

41:22

to kind of amass and exert the

41:24

power that he's been attempting to? I

41:27

mean, it's weird too, because literally less

41:29

than a year ago, the whole sort

41:31

of conservative movement and sort of the

41:33

federal society folks were super excited by

41:36

a ruling in a case which is

41:38

referred to as Loper Bright, which was

41:40

basically this question of... I feel bad.

41:42

I go deep in the weeds on

41:45

these things. I feel like I'm going

41:47

on these tangents. No, this is helpful

41:49

context. You got to know the context.

41:52

I feel like I'm explaining like Twitter

41:54

drama. You know, like that's how you

41:56

feel when you're talking about tech policy

41:58

because you're like, well, you've got to

42:01

kind of understand these other things. But

42:03

just give people the 101 because I

42:05

think it's important. So for many, many

42:08

years, there was this concept called Chevron

42:10

deference, which came from a case that

42:12

involved the company Chevron. Doesn't matter what

42:14

that case was about. What matters is

42:17

the idea was about. executive branch, you

42:19

know, effectively under the White House, if

42:21

they were coming out with rules based

42:23

on regulation, so Congress will pass a

42:26

regulation, part of that will often be

42:28

to shift the authority to handle the

42:30

issues around that regulation to some authority.

42:33

It could be the FCC, could be

42:35

the FAA, could be, you know, health

42:37

and human services, whoever it is, somebody

42:39

is going to be in charge of

42:42

enforcing it. And what the Chevron deference...

42:44

standard that the Supreme Court came out

42:46

with in the 80s basically said the

42:48

agencies are experts in this they're hiring

42:51

people who are experts they have civil

42:53

servants who are experts they've studied this

42:55

usually they've gone through like detailed comment

42:58

periods and gotten all this stuff if

43:00

they come out with a rule we

43:02

shouldn't second-guess the rule unless we determine

43:04

that the rule was arbitrary and capricious

43:07

that's the standard if they find that

43:09

the rule was just sort of put

43:11

in place willy-nilly arbitrary, capricious, then the

43:13

courts will step in, but if it

43:16

appears that the agency considered the rule

43:18

carefully, got comments, discussed pros and cons,

43:20

and then had a vote, we're not

43:23

going to get in the way of

43:25

that. And that rule was originally put

43:27

in place and Conservatives celebrated it because

43:29

I actually thought that was a good

43:32

thing. And then they got mad because...

43:34

the government kept doing stuff that they

43:36

didn't like and they couldn't sue to

43:38

stop it. And so then it became

43:41

this project to sort of get rid

43:43

of Chevron deference. And so that finally

43:45

happened last year in a case called

43:48

Loper Bright where the Supreme Court said,

43:50

no, you know, Chevron deference makes no

43:52

sense. The judiciary can now review anything

43:54

the executive branch does and we don't

43:57

have to give deference to anything. So

43:59

if the FCC goes and does stuff,

44:01

historically, the Supreme Court will be like,

44:03

well, the FCC considered it, even if

44:06

we don't agree, it's their job to

44:08

do that. And then it happened. That's

44:10

happened. There was a famous case about

44:13

broadband services in the early 2000s, and

44:15

the Supreme Court said, we can't touch

44:17

it, because the FCC did the work,

44:19

we're not going to second guess it.

44:22

Now, last year, the Supreme Court

44:24

said, like, oh yeah, like we

44:26

can second guess everything, everything the

44:28

executive branch does. Conservatives

44:30

cheered that because that was when

44:32

Biden was president. Right. And they

44:34

didn't want the government to be

44:36

able to do anything. Now Trump

44:38

is president and Carr is running

44:40

the FCC and so his authority

44:43

is clearly way less than it

44:45

even was eight months ago before

44:47

before the Loper-Bite decision came down if

44:49

the Supreme Court will actually review stuff.

44:51

Now that's the whole other question. So

44:53

he has very little authority and again

44:55

like the FCC. is not supposed to

44:57

have any authority over the internet itself

45:00

and in fact part of the arguments

45:02

against Net neutrality that Carr himself laid

45:04

out was that the FCC should have

45:06

no authority over regulating any part of

45:08

the internet, which he now ignores because

45:10

he wants to regulate speech on the

45:13

internet. And so he doesn't really have

45:15

the authority to do any of this.

45:17

He certainly doesn't have the authority to reinterpret

45:19

Section 230, even though he's making moves for

45:21

that. And I believe there was like something

45:24

that was put out recently where they had

45:26

started this process at the end of the

45:28

first Trump administration to reinterpret, to say the

45:31

FCC could reinterpret Section 230 section 230. The

45:33

crazy thing is like the original draft of

45:35

the law that became section 230 literally had

45:37

a line in it which says like the

45:40

purpose of this is so that the FCC

45:42

does not regulate the internet. It's just like

45:44

you have to laugh I feel like but

45:46

with so many things with Trump and and

45:48

I you know I totally hear you right

45:50

like he doesn't have this authority he has

45:52

less power than he had eight months ago

45:54

but look at someone like Elon Musk. It

45:56

seems like a lot of people with no

45:58

authority are still able to to kind of

46:00

exert power and cause chaos. Yes, and

46:03

that's the fear, right? If nobody stops

46:05

him. then yeah then suddenly he does

46:07

have the authority even if it's not

46:09

if it's not a legal authority if

46:11

nobody stops them from doing this stuff

46:13

then yeah then they get away with

46:15

it and so that is the terror

46:17

right and and the fear is that

46:19

he can use this this the powers

46:21

that he believes he has or he's

46:24

pretending he has to consistently attack media

46:26

any kind of media social media regular

46:28

media that favors Democrats or even favors

46:30

Democrats that's not even fair right just

46:32

platforms them at all like interviews them speaks

46:34

to them that like represents their

46:36

you know viewpoints in any capacity

46:38

exactly articles and the end result of

46:41

that is clearly a chilling effect which

46:43

is that no one will platform these people

46:45

no one will present fairly we're getting

46:47

the the opposite of the fairness doctrine

46:49

in every way which is like a

46:51

pure unfairness doctrine which is that only

46:53

sort of magga trumpist speech is allowed

46:55

And that should be terrifying. And it's

46:57

all happening under the guise of free

47:00

speech. And he's using the language of

47:02

free speech. And I would argue he's

47:04

built himself this little like influencer profile,

47:06

especially on X, where he rants about

47:08

free speech and these idiots who don't

47:10

know anything about free speech, listen to

47:12

him and amplify this. And I would

47:14

say even the media has played a

47:16

role in this, because there's headlines that

47:18

also refer to him as a free

47:20

speech. I mean, we've seen this before,

47:22

right? It was the same thing with

47:24

Elon Musk. Elon Musk presented himself as

47:26

a free speech crusader, and everyone for

47:28

years, the media would write that about

47:30

him and just sort of like take

47:32

him as words. And this is like,

47:34

you know, this has become sort of

47:36

a staple of the sort of Trumpist

47:38

media ecosystem in which they say the

47:40

exact opposite of what they really believe,

47:42

and the media especially You know, it's

47:44

not all media. Some are certainly much

47:46

better than others, but definitely sort of

47:49

the traditional political media seems to think

47:51

that we have to take what they

47:53

say and present that, even if it's

47:55

totally false. And, you know, the Trump

47:57

and those in his orbit are completely

47:59

exposed. So as long as we keep

48:01

saying we're about free speech and we

48:03

believe in free speech and we're pushing this

48:05

for free speech, then like the, you

48:07

know, a huge portion of the media will

48:10

report it as true and reflect that and

48:12

then we can do whatever we want

48:14

to suppress speech and nobody will report on

48:16

that because we're the free speech people. And

48:19

because by then the media has been dismantled.

48:21

Yeah. And Carr himself, you know, you

48:23

know, so every once in a while he

48:25

does things that sort of pretend to be,

48:27

you know, actually about free speech, like

48:29

he just did a talk in Europe somewhere.

48:32

I'm not sure for what conference for some

48:34

conference where he was like slamming Europe

48:36

for the DSA. Yeah, the Digital Service Act,

48:38

which if you want to explain super quick.

48:41

Yeah, which is it is their sort

48:43

of social media regulation. It's from a few

48:45

years ago. It's from a few years ago.

48:47

And it's from a few years ago.

48:49

And it has some elements of it, which

48:52

I'm actually think there's a lot of problems

48:54

with the DSA and the way it's been

48:56

implemented. That could impact speech. actually do

48:58

think the law is problematic but Carr turns

49:00

it into this like huge like censorship bill

49:03

that you know forces companies to censor

49:05

content that the Europeans don't like which is

49:07

not true right there are problems with the

49:09

law there are things about it that

49:11

I think you know can lead to censorship

49:14

and the way the way the EU has

49:16

sort of presented it at times, you

49:18

know, they've sort of threatened Elon Musk with

49:20

it in a way that I thought was

49:22

ridiculous and unfair and sort of went

49:24

way beyond what we were promised the DSA

49:27

would be allowed to do. So there are

49:29

concerns about it. And so he'll stand up

49:31

to something like that, but then he'll

49:33

never admit that he's doing much, much worse

49:36

in terms of censorship at home. I just

49:38

cannot drive home enough that this man

49:40

does not care. about free speech. Yes, not

49:42

even one bit. The only way he cares

49:45

about it is as a tool to

49:47

sort of increase his own power or the

49:49

power of sort of the Trump universe. So

49:51

what can people, like us, and others

49:53

that actually care about free speech and protecting

49:55

a right to free expression, do about this?

49:58

Because this is a man who's kind

50:00

of an unelected person in government. Like a

50:02

lot of people don't work in journalism, right?

50:04

They're not able to affect that much change.

50:07

Like what can people do? being willing

50:09

to recognize what's actually happening and to call

50:11

it out. Like when there are opportunities. Do

50:13

not accept his framing as that he

50:15

is a free speech supporter. Do not accept

50:17

his framing that the things that he's doing

50:20

are in defense of free speech or

50:22

in support of free speech. And recognizing and

50:24

telling people and being clear about it that

50:26

they're not. They're the opposite. That he

50:28

is clearly repeatedly trying to suppress speech. any

50:31

kind of speech that is pro-democratic and that

50:33

that is a problem. There's so many

50:35

different things going on right now, right? Like

50:37

the question is, what do you do about

50:40

all of it? Kind of an impossible question

50:42

probably to ask. But you know, part

50:44

of it and the important part is like

50:46

sticking to the truth, like sticking to reality,

50:48

right? to speak out and talk about

50:50

this stuff, because the first step to actually

50:53

fighting against this stuff is making sure that

50:55

people understand reality. You know, they are

50:57

flooding the zone with absolute nonsense and lying

50:59

constantly. It is pure propaganda, and part of

51:02

that is to make people give up.

51:04

and to not know what's real, and because

51:06

they don't know what's real, just give up

51:08

caring about everything entirely, which just opens the

51:10

field for them to do even worse

51:12

stuff. The most important thing, at least, is

51:15

to stay in touch with reality, to recognize

51:17

what is being said, how it is

51:19

being used, how it is being weaponized, and

51:21

being able to speak that, and to say

51:24

what Carr's doing is against the First

51:26

Amendment. What he's doing is trying to suppress

51:28

speech, no matter what he says. You have

51:30

to look at what he's actually doing.

51:32

And the more you can actually understand what's

51:35

actually going on, then people can get into

51:37

the right frame of mind, the right

51:39

position to actually push back on this stuff.

51:41

I think it's also just so important that

51:43

people value speech. I think one thing that's

51:46

been so concerning to me is adrenaline.

51:48

and I talk about this all the time,

51:50

is just how people on both sides of

51:52

the aisle, but especially Democrats, liberals, leftists,

51:54

are so willing to advocate against free speech,

51:57

right? I mean, I was very against the

51:59

whole like panic over sort of quote

52:01

unquote misinformation, like driven by the media that

52:03

I thought was. It just can be so

52:05

easily weaponized and obviously we want to

52:08

call it, I mean, that's the goal of

52:10

good journalism is to debunk misinformation, but I

52:12

do think that overall a lot of

52:14

people on both sides of the political spectrum

52:16

just want to censor the other side. Yeah,

52:19

and, you know, people always get mad when

52:21

you get into this thing, you're like,

52:23

oh, don't both sides this, right? You know,

52:25

like, clearly, what the Trump world is doing

52:28

right now is worse. The Democrats are

52:30

not helping though, right? Because you're right. They

52:32

are presenting the same thing. They've pushed bills

52:34

to like, you know, force people to

52:36

take down misinformation. Cosa, there have been a

52:38

whole bunch of these other ones, right? You

52:41

know, Amy Klobeshar had a bill that

52:43

would, this is my favorite one, would give

52:45

the director of Health and Human Services, which

52:47

is now Robert F. Kennedy, Jr. The

52:49

power to dictate to dictate to any website

52:52

health misinformation that they had to remove. Right?

52:54

With RFK Jr. in that position, if you

52:56

could give him the power to point

52:58

to any website and say, you have to

53:01

remove this because this is health misinformation, that

53:03

was an Amy Klobashar bill, right? This

53:05

is the point. Even if Democrats are pushing

53:07

this thing because they say, well, this is

53:09

misinformation, this is bad, or even some

53:11

people are arguing like, this is why we're

53:14

in this position today, think about who you're

53:16

giving power to. Right? If you are

53:18

giving the government power to say this is

53:20

misinformation that you have to remove right now,

53:23

that is Trump, that is RFK Jr,

53:25

that is Brendan Carr, that is all these

53:27

people who are showing that they want to

53:29

censor, and some people will argue, well, they're

53:31

going to do it anyways, and you

53:33

can see what Brendan Carr is doing, you

53:36

don't have to enable it, you don't have

53:38

to give them the power to make

53:40

that easier, and you don't have to give

53:42

them the tools to make that. it makes

53:45

it even harder to fight. And so

53:47

what the Democrats are doing, where they talk

53:49

about this stuff, and yes, you're right, across

53:51

the board, you have people on the

53:53

far left who have been really, really into

53:56

this idea of like, oh yeah, you know,

53:58

we have to stand up and make

54:00

misinformation illegal. It's like, who defines what misinformation

54:02

is? Who's going to have the power? Every

54:04

time this has been done, you can look

54:07

at all different countries around the world,

54:09

you can see where this is being done,

54:11

every time. That power, the power to, or

54:13

even hate speech, right? This is a

54:15

sensitive topic. People say hate speech, okay. Look

54:18

at every hate speech law around the world,

54:20

and look how it's enforced. It is

54:22

always enforced by the powerful against the powerless,

54:24

against the marginalized groups. They say, you know,

54:26

like some marginalized group speaks out against...

54:28

the police or the government and they say,

54:31

well, that's hate speech against us and we're

54:33

going to punish you for it. Don't

54:35

give them the tools. Don't give the powerful

54:37

the tools to suppress the speech of the

54:40

marginalized and the powerless. And so it's so

54:42

important to make this point. It's so

54:44

important to make this point. And thank you

54:46

for bringing that up. This is not just

54:49

like a Democrat or Republican thing because

54:51

both of them are awful on this. Like

54:53

if you believe in free speech, don't give

54:55

people the power to censor. Trump source,

54:57

I feel like I have to say that

54:59

disclaimer so people don't get all up in

55:02

arms. Obviously we just did this whole

55:04

episode on it, so we agree. But I

55:06

am just appalled by the Democratic Party and

55:08

the way that they've enabled all of

55:10

this and facilitated it and go out and

55:13

boost, you know, crow about it. They brag

55:15

about it. I mean, this is like Joe

55:17

Biden bragging about the Tik Band, you

55:19

know, it's just... It's absurd. Well, Mike, thank

55:21

you so much for chatting with me today.

55:24

I appreciate your time so much. Where

55:26

can people continue to follow your work? All

55:28

my big writings are on techtert.com and I

55:30

spend all my social media time these

55:32

days on Blue Sky where I post way

55:35

too much. I'm a fan of your posting.

55:37

So, all right, well, thanks so much.

55:39

Thanks. Thanks for having me. All right. That's

55:41

it for this week's episode. You can watch

55:44

full episodes of power. on my YouTube

55:46

channel at Taylor Lorenz, Don't

55:48

forget to subscribe to

55:50

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