The Shadow State: Twitter Suspends Commentator for Criticizing Vaccine Policies

by | Jul 30, 2021

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I recently discussed how the Biden Administration was actively encouraging corporations to limit speech and impose vaccines mandates as a type of shadow state. Rather than take such actions directly ( and face both legal and political challenges), the Administration is relying on its close alliance with Big Tech and other companies to carry out such tasks. That surrogate relationship is particularly clear in the expanding censorship program carried out by the Twitter, Facebook and other companies. Twitter’s actions against political commentator Dave Rubin is an example of how these companies are now dispensing with any pretense in actively barring criticism of government policies and viewpoints.

Rubin was locked out under the common “misinformation” claim by Twitter. However, his tweet was an opinion based on demonstrably true facts. One can certainly disagree with the conclusion but this is an example of core political speech being curtailed by a company with a long history of biased censorship, including the barring of discussions involving Hunter Biden’s laptop before the election. With a new election looming, these companies appear to be ramping up their censorship efforts.

In his tweet, Rubin stated:

They want a federal vaccine mandate for vaccines which are clearly not working as promised just weeks ago. People are getting and transmitting Covid despite vax. Plus now they’re prepping us for booster shots. A sane society would take a pause. We do not live in a sane society.

Even President Biden admitted yesterday that he was wrong weeks ago when he assured people that if they took the vaccine, they would not be at risk for the variants and could dispense with their masks. There are breakthrough cases that have taken many officials by surprise. It is also true that there is now talk of likely booster shots.

Rubin takes those facts and adds his opinion that we should “take a pause.” Twitter declared that to be a violation of its policy “on spreading misleading and potentially harmful information related to COVID-19.”

As always, Twitter simply refuses to explain its censorship decision beyond these generalized, categorical statements. It is not clear if Twitter is calling these facts misinformation or objecting to Rubin’s opinion about a pause. It does not matter. Twitter does not like his viewpoint and does not want others to read it or discuss it.

This is precisely what Democratic leaders pressed Twitter to do in past hearings. As previously discussed the hearing with Twitter CEO Jack Dorsey who followed up his apology for censoring the Hunter Biden story but pledging more censorship. One of the most chilling moments came from Delaware Senator Chris Coons who demonstrated the very essence of the “slippery slope” danger.

Dorsey: Well, misleading information, as you are aware, is a large problem. It’s hard to define it completely and cohesively. We wanted to scope our approach to start to focus on the highest severity of harm. We focused on three areas, manipulated media, which you mentioned, civic integrity around the election, specifically in public health, specifically around COVID. We wanted to make sure that our resources that we have the greatest impact on where we believe the greatest severity of harm is going to be. Our policies are living documents. They will evolve. We will add to them, but we thought it important that we focus our energies and prioritize the work as much as we could.

Coons: Well, Mr. Dorsey, I’ll close with this. I cannot think of a greater harm than climate change, which is transforming literally our planet and causing harm to our entire world. I think we’re experiencing significant harm as we speak. I recognize the pandemic and misinformation about COVID-19, manipulated media also cause harm, but I’d urge you to reconsider that because helping to disseminate climate denialism, in my view, further facilitates and accelerates one of the greatest existential threats to our world. So thank you to both of our witnesses.

Notably, Dorsey starts with the same argument made by free speech advocates: “Well, misleading information, as you are aware, is a large problem. It’s hard to define it completely and cohesively.” However, instead of then raising concerns over censoring views and comments on the basis for such an amorphous category, Coons pressed for an expansion of the categories of censored material to prevent people from sharing any views that he considers “climate denialism.”

There is, of course, a wide array of views that different people or different groups would declare “harmful.” Indeed, Connecticut Senator Richard Blumenthal seemed to take the opposite meaning from Twitter admitting that it was wrong to censor the Biden story. Blumenthal said that he was “concerned that both of your companies are, in fact, backsliding or retrenching, that you are failing to take action against dangerous disinformation.” Accordingly, he demanded an answer to this question:

Will you commit to the same kind of robust content modification playbook in this coming election, including fact checking, labeling, reducing the spread of misinformation, and other steps, even for politicians in the runoff elections ahead?

“Robust content modification” has a certain Orwellian feel to it. It is not content modification. It is censorship.

The Rubin controversy captures this raw and biased censorship by Twitter and the other Big Tech companies. They do not want people to read such dissenting views so they declare them to be misinformation and ban the poster. It also shows how such censorship becomes insatiable and expansive with time. Once you give censors the opportunity to silence others, history shows that the desire for greater and greater censorship builds inexorably. We now have the largest censorship system outside of China and it is entirely run by private companies closely aligned with one party.

As Orwell wrote in 1984:

And when memory failed and written records were falsified—when that happened, the claim of the Party to have improved the conditions of human life had got to be accepted, because there did not exist, and never again could exist, any standard against which it could be tested.

Reprinted with permission from JonathanTurley.org.

Author

  • Jonathan Turley

    Professor Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. He has written over three dozen academic articles that have appeared in a variety of leading law journals at Cornell, Duke, Georgetown, Harvard, Northwestern, University of Chicago, and other schools.