New York Will Put To-Go Cocktails on Ice


helena-lopes-a4z8GRkVSUM-unsplash

More than a dozen states have already decided to keep to-go cocktails legal even after the COVID-19 pandemic passes, but Saturday could be “last call” in New York—the state that pioneered the idea last spring.

When he required bars and restaurants to close on March 16, 2020, due to growing concern over the COVID-19 outbreak, Gov. Andrew Cuomo ordered a temporary easing of the state’s alcohol laws to allow beer, wine, and even mixed drinks to be ordered as to-go items from establishments across the state. That became a crucial lifeline for bars, and 38 other states (and Washington, D.C) ended up copying New York’s policy in one form or another. Despite so many missteps over the past year—a cover-up of how badly COVID-19 ravaged New York’s nursing homes, dumb mandates regarding how much food bars had to serve with their to-go drinks, that self-serving book deal, and more—allowing to-go booze was a rare absolute win for Cuomo (and his constituents).

No surprise, it also proved to be immensely popular. One poll conducted on behalf of the New York State Restaurant Association last month found that 78 percent of New Yorkers favored making to-go cocktails a permanent fixture.

But legislation to do that is being held up by special interests that think the old way was just fine. Liquor stores have been lobbying against the proposal, according to The Wall Street Journal, because they view it as a threat to their control over alcohol sales. Even after the legislation was amended to prevent bars and restaurants from selling full bottles of alcohol—a major objection raised by liquor store special interests—liquor store trade associations are still pushing hard to defeat the bill, the Albany Times-Union reports.

That political fight means that New York could soon return to the pre-pandemic status quo. Cuomo’s executive order allowing to-go alcohol will expire on June 5 and the state legislature is scheduled to break for the summer at the end of next week.

Many other states are taking steps to keep consumers’ options open. Fourteen states have already enacted laws making to-go cocktails permanently legal and another seven have moved to extend their legality on a temporary basis, according to the Distilled Spirits Council of the United States (DISCUS), which favors the passage of those laws. The latest to do so was Illinois, where Gov. J.B. Pritzker signed a bill on Wednesday allowing restaurants to serve to-go cocktails through 2024.

If there’s one alcohol-related lesson that policy makers should take away from the pandemic, it is that giving Americans more booze freedom doesn’t create chaos. Where are the stories of city blocks that have been destroyed by the scourge of legal to-go cocktails?

It should now be more apparent than ever that restrictions on which establishments can sell what kinds of booze in various quantities—restrictions that vary widely from state to state but exist in some form or another almost everywhere—have little to do with protecting public health or safety. As the debate raging in Albany demonstrates, those rules are mostly political. They’re mostly aimed at protecting certain parts of the alcohol economy from unwanted competition.

To-go cocktails shouldn’t just be a pandemic fad. But they will be if politicians let special interests dominate the will of the people.

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New York Will Put To-Go Cocktails on Ice


helena-lopes-a4z8GRkVSUM-unsplash

More than a dozen states have already decided to keep to-go cocktails legal even after the COVID-19 pandemic passes, but Saturday could be “last call” in New York—the state that pioneered the idea last spring.

When he required bars and restaurants to close on March 16, 2020, due to growing concern over the COVID-19 outbreak, Gov. Andrew Cuomo ordered a temporary easing of the state’s alcohol laws to allow beer, wine, and even mixed drinks to be ordered as to-go items from establishments across the state. That became a crucial lifeline for bars, and 38 other states (and Washington, D.C) ended up copying New York’s policy in one form or another. Despite so many missteps over the past year—a cover-up of how badly COVID-19 ravaged New York’s nursing homes, dumb mandates regarding how much food bars had to serve with their to-go drinks, that self-serving book deal, and more—allowing to-go booze was a rare absolute win for Cuomo (and his constituents).

No surprise, it also proved to be immensely popular. One poll conducted on behalf of the New York State Restaurant Association last month found that 78 percent of New Yorkers favored making to-go cocktails a permanent fixture.

But legislation to do that is being held up by special interests that think the old way was just fine. Liquor stores have been lobbying against the proposal, according to The Wall Street Journal, because they view it as a threat to their control over alcohol sales. Even after the legislation was amended to prevent bars and restaurants from selling full bottles of alcohol—a major objection raised by liquor store special interests—liquor store trade associations are still pushing hard to defeat the bill, the Albany Times-Union reports.

That political fight means that New York could soon return to the pre-pandemic status quo. Cuomo’s executive order allowing to-go alcohol will expire on June 5 and the state legislature is scheduled to break for the summer at the end of next week.

Many other states are taking steps to keep consumers’ options open. Fourteen states have already enacted laws making to-go cocktails permanently legal and another seven have moved to extend their legality on a temporary basis, according to the Distilled Spirits Council of the United States (DISCUS), which favors the passage of those laws. The latest to do so was Illinois, where Gov. J.B. Pritzker signed a bill on Wednesday allowing restaurants to serve to-go cocktails through 2024.

If there’s one alcohol-related lesson that policy makers should take away from the pandemic, it is that giving Americans more booze freedom doesn’t create chaos. Where are the stories of city blocks that have been destroyed by the scourge of legal to-go cocktails?

It should now be more apparent than ever that restrictions on which establishments can sell what kinds of booze in various quantities—restrictions that vary widely from state to state but exist in some form or another almost everywhere—have little to do with protecting public health or safety. As the debate raging in Albany demonstrates, those rules are mostly political. They’re mostly aimed at protecting certain parts of the alcohol economy from unwanted competition.

To-go cocktails shouldn’t just be a pandemic fad. But they will be if politicians let special interests dominate the will of the people.

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via IFTTT

United Airlines Wants To Bring Back Supersonic Air Travel. Will the FAA Let It?


reason-boom2

Interest in the return of commercial supersonic air travel is booming. But will the technology be able to break through the regulatory barriers that stand in its way?

On Thursday, United Airlines announced its intention to purchase 15 supersonic Overture jets from Denver-based aerospace startup Boom Supersonic. The hope is for these 65–88-person airliners—which have yet to be built, let alone tested—to be ferrying passengers across oceanic routes by 2029, according to a joint press release put out by the two companies.

“At speeds twice as fast, United passengers will experience all the advantages of life lived in person, from deeper, more productive business relationships to longer, more relaxing vacations to far-off destinations,” said Boom CEO Blake Scholl.

On its website, Boom says a trip from San Francisco to Tokyo on its Overture jet will take six hours, instead of the current journey of just over 10.

Faster-than-sound travel isn’t a new technology. Chuck Yeager broke the sound barrier in 1947. But commercial airline passengers have been stuck at subsonic speeds ever since the supersonic Concorde plane was taken out of service in 2003.

A fatal crash in 2000 and its noisy, fuel-hungry engines helped do that airliner in. Not helping its chances of success was a 1973-issued Federal Aviation Administration (FAA) regulation banning supersonic flights over land, meaning it could only offer transatlantic flights.

Since the Concorde’s retirement, there have been a number of economic and technological developments that make profitable supersonic travel more feasible, says Eli Dourado, a senior research fellow at Utah State University’s Center for Growth and Opportunity (and former global policy chief for Boom).

“On a technological level there is no reason that an aircraft could not be much, much better than what Concorde was able to achieve,” Dourado tells Reason.

Improved materials are one reason, he says. The aluminum that the Concorde was built with would expand thanks to the high heat of supersonic travel, creating additional drag and introducing a complicated engineering problem of keeping its nonexpanding cabin airtight. Newer carbon fiber materials are more thermally stable and easier to shape into the curves needed for supersonic flight.

Advances in software have also enabled engineers to test new designs much more rapidly.

“When Concorde was developed, they basically did it with pencil and paper. They did it with slide rules and drafting tables,” says Dourado, meaning it would take months to test new designs. Today’s computer simulations allow you to “test thousands of designs over the life of an aircraft program, instead of ten or so that Concorde was able to do.”

Lastly, 50 years of advances in lighter, fuel-efficient engines also make supersonic flight cheaper and thus more commercially viable. The rapid growth in the market for premium transatlantic flights also improves the economics of the industry.

Coupled with these technological changes are a few more marginal updates to federal supersonic regulations.

In January 2021, the FAA finalized new rules making it easier for companies to get permission to conduct supersonic test flights over land. It’s also currently in the process of crafting new noise standards for supersonic aircraft during takeoffs and landings.

Both those regulatory changes were required by a reauthorization of the FAA that Congress passed in 2018. That law also directs the agency to review its existing ban on routine supersonic flights once every two years.

One shouldn’t expect revocation of that rule in the near future, however. Before the FAA can ditch that prohibition, the National Environmental Policy Act requires it to first perform a review of the environmental impacts (including noise effects) of supersonic flight.

That, in turn, requires data on those noise effects that the FAA doesn’t currently have. A NASA program to conduct test flights of “quiet” supersonic aircraft over communities is supposed to provide the information the FAA will need to conduct its environmental review, but the completion of that program is still years away.

“It is good that the FAA has been easing its very strict prohibitions on even testing overland [flights],” says Marc Scribner, a senior transportation policy analyst at Reason Foundation, the nonprofit that publishes this website.

That gives United and Boom the breathing room they need to test their new technology and potentially put it into service over oceanic routes where supersonic flight is still allowed.

Should that prove successful, it’ll hopefully pave the way for broader legalization of supersonic flight across the U.S. as well. “Before you have an actual, in-service aircraft it’s going to be difficult for regulators, the public, and politicians to get fully behind overland supersonic,” says Scribner.

At the same time, he cautions that traditional “not in my backyard” (NIMBY) complaints about aircraft noise as well as environmental concerns about the emissions from air travel could lead to additional barriers for the industry.

“I think that’s why you saw in the United announcement, that [its supersonic jets] would be fueled by 100 percent sustainable aviation fuel,” he says. “That was in part trying to get out ahead of objections or concerns we’ve heard expressed from some environmental groups about these technologies.”

Boom’s plan is to start test flights of its Overture planes by 2026.

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United Airlines Wants To Bring Back Supersonic Air Travel. Will the FAA Let It?


reason-boom2

Interest in the return of commercial supersonic air travel is booming. But will the technology be able to break through the regulatory barriers that stand in its way?

On Thursday, United Airlines announced its intention to purchase 15 supersonic Overture jets from Denver-based aerospace startup Boom Supersonic. The hope is for these 65–88-person airliners—which have yet to be built, let alone tested—to be ferrying passengers across oceanic routes by 2029, according to a joint press release put out by the two companies.

“At speeds twice as fast, United passengers will experience all the advantages of life lived in person, from deeper, more productive business relationships to longer, more relaxing vacations to far-off destinations,” said Boom CEO Blake Scholl.

On its website, Boom says a trip from San Francisco to Tokyo on its Overture jet will take six hours, instead of the current journey of just over 10.

Faster-than-sound travel isn’t a new technology. Chuck Yeager broke the sound barrier in 1947. But commercial airline passengers have been stuck at subsonic speeds ever since the supersonic Concorde plane was taken out of service in 2003.

A fatal crash in 2000 and its noisy, fuel-hungry engines helped do that airliner in. Not helping its chances of success was a 1973-issued Federal Aviation Administration (FAA) regulation banning supersonic flights over land, meaning it could only offer transatlantic flights.

Since the Concorde’s retirement, there have been a number of economic and technological developments that make profitable supersonic travel more feasible, says Eli Dourado, a senior research fellow at Utah State University’s Center for Growth and Opportunity (and former global policy chief for Boom).

“On a technological level there is no reason that an aircraft could not be much, much better than what Concorde was able to achieve,” Dourado tells Reason.

Improved materials are one reason, he says. The aluminum that the Concorde was built with would expand thanks to the high heat of supersonic travel, creating additional drag and introducing a complicated engineering problem of keeping its nonexpanding cabin airtight. Newer carbon fiber materials are more thermally stable and easier to shape into the curves needed for supersonic flight.

Advances in software have also enabled engineers to test new designs much more rapidly.

“When Concorde was developed, they basically did it with pencil and paper. They did it with slide rules and drafting tables,” says Dourado, meaning it would take months to test new designs. Today’s computer simulations allow you to “test thousands of designs over the life of an aircraft program, instead of ten or so that Concorde was able to do.”

Lastly, 50 years of advances in lighter, fuel-efficient engines also make supersonic flight cheaper and thus more commercially viable. The rapid growth in the market for premium transatlantic flights also improves the economics of the industry.

Coupled with these technological changes are a few more marginal updates to federal supersonic regulations.

In January 2021, the FAA finalized new rules making it easier for companies to get permission to conduct supersonic test flights over land. It’s also currently in the process of crafting new noise standards for supersonic aircraft during takeoffs and landings.

Both those regulatory changes were required by a reauthorization of the FAA that Congress passed in 2018. That law also directs the agency to review its existing ban on routine supersonic flights once every two years.

One shouldn’t expect revocation of that rule in the near future, however. Before the FAA can ditch that prohibition, the National Environmental Policy Act requires it to first perform a review of the environmental impacts (including noise effects) of supersonic flight.

That, in turn, requires data on those noise effects that the FAA doesn’t currently have. A NASA program to conduct test flights of “quiet” supersonic aircraft over communities is supposed to provide the information the FAA will need to conduct its environmental review, but the completion of that program is still years away.

“It is good that the FAA has been easing its very strict prohibitions on even testing overland [flights],” says Marc Scribner, a senior transportation policy analyst at Reason Foundation, the nonprofit that publishes this website.

That gives United and Boom the breathing room they need to test their new technology and potentially put it into service over oceanic routes where supersonic flight is still allowed.

Should that prove successful, it’ll hopefully pave the way for broader legalization of supersonic flight across the U.S. as well. “Before you have an actual, in-service aircraft it’s going to be difficult for regulators, the public, and politicians to get fully behind overland supersonic,” says Scribner.

At the same time, he cautions that traditional “not in my backyard” (NIMBY) complaints about aircraft noise as well as environmental concerns about the emissions from air travel could lead to additional barriers for the industry.

“I think that’s why you saw in the United announcement, that [its supersonic jets] would be fueled by 100 percent sustainable aviation fuel,” he says. “That was in part trying to get out ahead of objections or concerns we’ve heard expressed from some environmental groups about these technologies.”

Boom’s plan is to start test flights of its Overture planes by 2026.

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Get Ready for Another Big Deplatforming Debate, Because Facebook Is Tweaking Its Rules Again


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Politicians may get less special treatment under Facebook content moderation rules. Historically, Facebook has explicitly let political figures get away with certain speech that ordinary users cannot. The company’s policy has been to consider both the content of politicians’ speech as well as its newsworthiness when deciding whether it is allowed. Posts that can easily get deleted or get users blocked under ordinary circumstances may be safe when coming from a powerful political personality.

If you think that giving politicians enough rope to hang themselves isn’t a bad thing, Facebook’s policy made sense. (I can get behind that argument.) But many people opposed the policy, arguing that it allowed politicians to spew unfettered “hate speech.” Newsworthy or not, they argued, Facebook was wrong to host it and to give these figures’ words special weight.

I don’t think there’s necessarily a right or wrong decision here—but as a private company, Facebook was certainly under no obligation to host it. That should go without saying…yet conservatives these days keep arguing that tech platforms should be forced to host all accounts and speech from political figures. Some even go so far as to suggest that the First Amendment requires it—which is actually the exact opposite of how it works. The First Amendment protects against infringements on private speech by the government, not private unwillingness to host whatever government officials want.

The First Amendment also guards against government-compelled speech, which is exactly what forcing Facebook or any tech entity to host politicians’ posts would be. While they often claim to take up the mantle of “free speech,” folks arguing that Facebook had an obligation not to boot former President Donald Trump—or championing Florida’s new law forbidding social media companies from deplatforming politicians—are explicitly arguing against the First Amendment.

In any event, Facebook may be revising the rules it uses to decide when posts by politicians and other public figures are OK, as well as instituting new transparency about it. The Verge reports that Facebook “plans to end its controversial policy that mostly shields politicians from the content moderation rules that apply to other users, a sharp reversal that could have global ramifications for how elected officials use the social network.”

That’s not the only content moderation change planned:

Facebook also plans to shed light on the secretive system of strikes it gives accounts for breaking its content rules, according to two people familiar with the changes. That will include letting users know when they’ve received a strike for violating its rules that could lead to suspension. BuzzFeed News and other outlets have previously reported on instances when Facebook employees intervened to keep political pages from being subject to harsh penalties under the strikes policy.

Facebook is also set to begin disclosing when it uses a special newsworthiness exemption to keep up content from politicians and others that would otherwise violate its rules.

If politicians can still get a newsworthiness exemption from normal moderation policies, it’s not clear to me how much the upcoming policy shift—which has yet to be publicly disclosed by Facebook—really changes. But The Verge seems to think the shift, which may be announced as soon as today, is substantial:

Under Facebook’s new policies, posts made directly by politicians still won’t be subject to review by the company’s network of independent fact checkers. But they will for the first time be opened up to enforcement against more rules for things like bullying that Facebook’s moderators apply to other users.

According to The Washington Post, “the newsworthiness exemption was first created in response to Trump’s inflammatory remarks about Muslims during his candidacy. Since then, the company has maintained that it rarely used the exception and has only acknowledged using it six times. Those incidents were all outside the United States, and include political speech in Hungary, Vietnam and Italy.” But unofficially, Facebook seems to have leaned on this exception much more frequently.


FREE MINDS

A new study of how prosecutors try to influence politics finds “prosecutors are very active lobbyists,” as The Prosecutors and Politics Project put it. “Nationally, they lobbied on more than 25% of all criminal-justice related bills. In some states, that number was much higher. In Ohio, for example, prosecutors lobbied on 95% of bills.”

Much of their support went to laws that created new crimes:


FREE MARKETS

Biden floats compromise on corporate taxes. “In a big concession to the GOP, President Joe Biden offered to drop his proposed rollback of the 2017 GOP tax law and impose a 15% minimum tax rate on large firms instead as part of a bipartisan infrastructure package,” reports Business Insider:

The move comes as the president continues a fourth week of negotiations with the GOP, who have ruled out any alterations to their Republican tax cuts. Biden had proposed raising the corporate rate from to 28% from its current level of 21% enacted under President Donald Trump’s tax law.

Asked about Biden’s potential change of heart, White House Press Secretary Jen Psaki was less firm, according to The Washington Post:

Psaki said Biden has “absolutely not” wavered in his belief that Congress should raise the corporate tax rate, adding it is a critical way to “pay for a range of the bold proposals that he has put forward.”

“But he also took a look at these proposals, and … all of the tax proposals that he has put forward over time, to find a way where there should be pay-fors that based on their bottom lines, many of the Republican negotiators should be able to agree to,” Psaki said.


QUICK HITS

• A majority of Americans still support the death penalty. In a new Pew Research Center poll, “60% of U.S. adults favor the death penalty for people convicted of murder, including 27% who strongly favor it. About four-in-ten (39%) oppose the death penalty, with 15% strongly opposed.”

• The media’s lab leak debacle shows why banning “misinformation” is a terrible idea, says Reason‘s Robby Soave.

• Department of everything-is-a-crime:

(Read more on the case here from Reason‘s Scott Shackford.)

• Sen. Ted Cruz (R–Texas) has won a lawsuit over how much post-election money candidates can raise to pay off personal loans. After personally spending $260,000 on his 2018 reelection campaign, “Cruz challenged a section of election law that says campaigns cannot pay back more than $250,000 in personal loans through post-election donations,” notes The Hill. “In a 31-page ruling, a three-judge panel ruled that the repayment cap, instituted in the 2002 Bipartisan Campaign Reform Act, violated Cruz’s free speech rights.”

• Connecticut has passed a law to end fees for prison communications:

• To-go cocktails can stick around in California:

from Latest – Reason.com https://ift.tt/34K6tah
via IFTTT

Get Ready for Another Big Deplatforming Debate, Because Facebook Is Tweaking Its Rules Again


dpaphotosfive124674

Politicians may get less special treatment under Facebook content moderation rules. Historically, Facebook has explicitly let political figures get away with certain speech that ordinary users cannot. The company’s policy has been to consider both the content of politicians’ speech as well as its newsworthiness when deciding whether it is allowed. Posts that can easily get deleted or get users blocked under ordinary circumstances may be safe when coming from a powerful political personality.

If you think that giving politicians enough rope to hang themselves isn’t a bad thing, Facebook’s policy made sense. (I can get behind that argument.) But many people opposed the policy, arguing that it allowed politicians to spew unfettered “hate speech.” Newsworthy or not, they argued, Facebook was wrong to host it and to give these figures’ words special weight.

I don’t think there’s necessarily a right or wrong decision here—but as a private company, Facebook was certainly under no obligation to host it. That should go without saying…yet conservatives these days keep arguing that tech platforms should be forced to host all accounts and speech from political figures. Some even go so far as to suggest that the First Amendment requires it—which is actually the exact opposite of how it works. The First Amendment protects against infringements on private speech by the government, not private unwillingness to host whatever government officials want.

The First Amendment guards against government-compelled speech, which is exactly what forcing Facebook or any tech entity to host politicians’ posts would be. While they often claim to take up the mantle of “free speech,” folks arguing that Facebook had an obligation not to boot former President Donald Trump—or championing Florida’s new law forbidding social media companies from deplatforming politicians—are explicitly arguing against the First Amendment.

In any event, Facebook may be revising the rules it uses to decide when posts by politicians and other public figures are OK, as well as instituting new transparency about it. The Verge reports that Facebook “plans to end its controversial policy that mostly shields politicians from the content moderation rules that apply to other users, a sharp reversal that could have global ramifications for how elected officials use the social network.”

That’s not the only content moderation change planned:

Facebook also plans to shed light on the secretive system of strikes it gives accounts for breaking its content rules, according to two people familiar with the changes. That will include letting users know when they’ve received a strike for violating its rules that could lead to suspension. BuzzFeed News and other outlets have previously reported on instances when Facebook employees intervened to keep political pages from being subject to harsh penalties under the strikes policy.

Facebook is also set to begin disclosing when it uses a special newsworthiness exemption to keep up content from politicians and others that would otherwise violate its rules.

If politicians can still get a newsworthiness exemption from normal moderation policies, it’s not clear to me how much the upcoming policy shift—which has yet to be publicly disclosed by Facebook—really changes. But The Verge seems to think the shift, which may be announced as soon as today, is substantial:

Under Facebook’s new policies, posts made directly by politicians still won’t be subject to review by the company’s network of independent fact checkers. But they will for the first time be opened up to enforcement against more rules for things like bullying that Facebook’s moderators apply to other users.

According to The Washington Post, “the newsworthiness exemption was first created in response to Trump’s inflammatory remarks about Muslims during his candidacy. Since then, the company has maintained that it rarely used the exception and has only acknowledged using it six times. Those incidents were all outside the United States, and include political speech in Hungary, Vietnam and Italy.” But unofficially, Facebook seems to have leaned on this exception much more frequently.


FREE MINDS

A new study of how prosecutors try to influence politics finds “prosecutors are very active lobbyists,” as The Prosecutors and Politics Project put it. “Nationally, they lobbied on more than 25% of all criminal-justice related bills. In some states, that number was much higher. In Ohio, for example, prosecutors lobbied on 95% of bills.”

Much of their support went to laws that created new crimes:


FREE MARKETS

Biden floats compromise on corporate taxes. “In a big concession to the GOP, President Joe Biden offered to drop his proposed rollback of the 2017 GOP tax law and impose a 15% minimum tax rate on large firms instead as part of a bipartisan infrastructure package,” reports Business Insider:

The move comes as the president continues a fourth week of negotiations with the GOP, who have ruled out any alterations to their Republican tax cuts. Biden had proposed raising the corporate rate from to 28% from its current level of 21% enacted under President Donald Trump’s tax law.

Asked about Biden’s potential change of heart, White House Press Secretary Jen Psaki was less firm, according to The Washington Post:

Psaki said Biden has “absolutely not” wavered in his belief that Congress should raise the corporate tax rate, adding it is a critical way to “pay for a range of the bold proposals that he has put forward.”

“But he also took a look at these proposals, and … all of the tax proposals that he has put forward over time, to find a way where there should be pay-fors that based on their bottom lines, many of the Republican negotiators should be able to agree to,” Psaki said.


QUICK HITS

• A majority of Americans still support the death penalty. In a new Pew Research Center poll, “60% of U.S. adults favor the death penalty for people convicted of murder, including 27% who strongly favor it. About four-in-ten (39%) oppose the death penalty, with 15% strongly opposed.”

• The media’s lab leak debacle shows why banning “misinformation” is a terrible idea, says Reason‘s Robby Soave.

• Department of everything-is-a-crime:

(Read more on the case here from Reason‘s Scott Shackford.)

• Sen. Ted Cruz (R–Texas) has won a lawsuit over how much post-election money candidates can raise to pay off personal loans. After personally spending $260,000 on his 2018 reelection campaign, “Cruz challenged a section of election law that says campaigns cannot pay back more than $250,000 in personal loans through post-election donations,” notes The Hill. “In a 31-page ruling, a three-judge panel ruled that the repayment cap, instituted in the 2002 Bipartisan Campaign Reform Act, violated Cruz’s free speech rights.”

• Connecticut has passed a law to end fees for prison communications:

• To-go cocktails can stick around in California:

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via IFTTT

Conservative Attacks on ‘Big Tech’ Are Turning the Constitution on Its Head


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Throughout my life, conservatives have believed the U.S. Constitution means what its authors intended. While it can sometimes be challenging to apply the document’s verbiage to modern times, conservatives know that when the founders wrote, “Congress shall make no law” they meant that, “Congress shall make no law.” Easy peasy, as the saying goes.

By contrast, liberals have often championed a “living and breathing” Constitution—one that evolves with the times. They don’t mean proper change via amendment, but through “enlightened” court interpretations. Like shamans, liberal justices don’t obsess over the founders’ intentions, but on truths found in penumbras. Go figure, but their divinations usually conform to their own biases.

In a bizarre twist, conservatives are now sounding like liberal jurists rather than traditionalists on some key constitutional questions. Let’s take the First Amendment, which the founders viewed with particular significance given that they placed it, well, first in the Bill of Rights. These days, conservatives are busy reinterpreting its meaning and have been quite creative with their new interpretations and divination.

For instance, Florida’s Republican Gov. Ron DeSantis recently signed a law that applies governmental moderating standards to social-media companies. It fines tech companies if they suspend political candidates prior to elections, lets the state attorney general and even private citizens sue these companies if they believe they’ve been treated unfairly, and gives online publishers a list of enforceable editorial conditions.

That’s obviously a government restriction on speech given that the government is mandating that private publishers behave in a certain way. Yet writing in American Spectator, the Heartland Institute’s S.T. Karnick has discovered such a novel method of interpreting that law that he would have made former Justice Thurgood Marshall, the late justice who was known for his creative constitutional gyrations, quite proud.

“Defenders of Big Tech routinely argue that these companies have a right to do whatever they want because they are not government entities. That is false,” Karnick wrote. “The fact that they are in the private sector does not change the definition of the word” censorship. If we erase the distinction between private censorship (which we all do) and government censorship, however, we essentially erase the First Amendment.

The Constitution forbids Congress specifically from regulating private speech, but then the 14th Amendment applied most of the Bill of Rights to the states and their governments. Karnick also argues that the 10th Amendment gives Florida the right to exercise its authority on this basic-rights issue, which is a rather odd position for a conservative.

If the 10th Amendment, which vests many powers in the states rather than the federal government, can be justified to obliterate constitutionally protected rights, then California can ban firearm ownership, despite what the Second Amendment says. If you don’t think rights should apply to tech companies whose decisions anger you, then they might not apply when your decisions anger others.

The “Fairness Doctrine,” which mandated equal time for political views on “public” airwaves, offers a template for what conservatives now are suggesting. Its elimination allowed for the proliferation of conservative talk radio, given that such imbalanced programming previously was verboten. What would happen if the Biden administration could force broadcast outlets to balance the views of Mark Levin and Tucker Carlson? Take a guess.

Many of these conservatives are like liberals in another important way. They seek to control private-sector companies because they don’t like how they operate. For instance, David Marcus complained in a Fox News column last week about the media’s Johnny-come-lately coverage of the theory that the coronavirus emerged from a Chinese laboratory.

Yes, the media mostly treated that story as a conspiracy when Donald Trump had postulated it—but are treating it seriously now that Trump is gone. So what? Publications can print whatever they choose, some do a lousy job and all of them are biased. My conclusion is the media should learn from its mistakes, but Marcus’ take is more draconian.

“Nobody is checking the fact checkers, and it is time that changed,” he wrote. “It’s time for government to regulate the fact checking industry.” He named Politifact and Associated Press as examples of organizations that need government oversight as they advise social media—even though they are journalism organizations.

Marcus claims the First Amendment forbids regulation of “in-house” fact checkers, but he carves out the exception for independent checkers—something he appears to have pulled from thin air just like the living-and-breathing jurists. “This may seem antithetical to traditional conservative values of small government,” he says, but we ought not be “slaves to orthodoxy.”

Perhaps the Biden administration should appoint a regulator to fact-check Marcus’ writing for the next few weeks—and then he can report on the experience. Thanks to First Amendment “orthodoxy” that won’t happen, but it’s time for conservatives to grow a thicker skin and stop attacking the constitutional protections all of us enjoy.

This column was first published in The Orange County Register.

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Conservative Attacks on ‘Big Tech’ Are Turning the Constitution on Its Head


dreamstime_xl_8631531

Throughout my life, conservatives have believed the U.S. Constitution means what its authors intended. While it can sometimes be challenging to apply the document’s verbiage to modern times, conservatives know that when the founders wrote, “Congress shall make no law” they meant that, “Congress shall make no law.” Easy peasy, as the saying goes.

By contrast, liberals have often championed a “living and breathing” Constitution—one that evolves with the times. They don’t mean proper change via amendment, but through “enlightened” court interpretations. Like shamans, liberal justices don’t obsess over the founders’ intentions, but on truths found in penumbras. Go figure, but their divinations usually conform to their own biases.

In a bizarre twist, conservatives are now sounding like liberal jurists rather than traditionalists on some key constitutional questions. Let’s take the First Amendment, which the founders viewed with particular significance given that they placed it, well, first in the Bill of Rights. These days, conservatives are busy reinterpreting its meaning and have been quite creative with their new interpretations and divination.

For instance, Florida’s Republican Gov. Ron DeSantis recently signed a law that applies governmental moderating standards to social-media companies. It fines tech companies if they suspend political candidates prior to elections, lets the state attorney general and even private citizens sue these companies if they believe they’ve been treated unfairly, and gives online publishers a list of enforceable editorial conditions.

That’s obviously a government restriction on speech given that the government is mandating that private publishers behave in a certain way. Yet writing in American Spectator, the Heartland Institute’s S.T. Karnick has discovered such a novel method of interpreting that law that he would have made former Justice Thurgood Marshall, the late justice who was known for his creative constitutional gyrations, quite proud.

“Defenders of Big Tech routinely argue that these companies have a right to do whatever they want because they are not government entities. That is false,” Karnick wrote. “The fact that they are in the private sector does not change the definition of the word” censorship. If we erase the distinction between private censorship (which we all do) and government censorship, however, we essentially erase the First Amendment.

The Constitution forbids Congress specifically from regulating private speech, but then the 14th Amendment applied most of the Bill of Rights to the states and their governments. Karnick also argues that the 10th Amendment gives Florida the right to exercise its authority on this basic-rights issue, which is a rather odd position for a conservative.

If the 10th Amendment, which vests many powers in the states rather than the federal government, can be justified to obliterate constitutionally protected rights, then California can ban firearm ownership, despite what the Second Amendment says. If you don’t think rights should apply to tech companies whose decisions anger you, then they might not apply when your decisions anger others.

The “Fairness Doctrine,” which mandated equal time for political views on “public” airwaves, offers a template for what conservatives now are suggesting. Its elimination allowed for the proliferation of conservative talk radio, given that such imbalanced programming previously was verboten. What would happen if the Biden administration could force broadcast outlets to balance the views of Mark Levin and Tucker Carlson? Take a guess.

Many of these conservatives are like liberals in another important way. They seek to control private-sector companies because they don’t like how they operate. For instance, David Marcus complained in a Fox News column last week about the media’s Johnny-come-lately coverage of the theory that the coronavirus emerged from a Chinese laboratory.

Yes, the media mostly treated that story as a conspiracy when Donald Trump had postulated it—but are treating it seriously now that Trump is gone. So what? Publications can print whatever they choose, some do a lousy job and all of them are biased. My conclusion is the media should learn from its mistakes, but Marcus’ take is more draconian.

“Nobody is checking the fact checkers, and it is time that changed,” he wrote. “It’s time for government to regulate the fact checking industry.” He named Politifact and Associated Press as examples of organizations that need government oversight as they advise social media—even though they are journalism organizations.

Marcus claims the First Amendment forbids regulation of “in-house” fact checkers, but he carves out the exception for independent checkers—something he appears to have pulled from thin air just like the living-and-breathing jurists. “This may seem antithetical to traditional conservative values of small government,” he says, but we ought not be “slaves to orthodoxy.”

Perhaps the Biden administration should appoint a regulator to fact-check Marcus’ writing for the next few weeks—and then he can report on the experience. Thanks to First Amendment “orthodoxy” that won’t happen, but it’s time for conservatives to grow a thicker skin and stop attacking the constitutional protections all of us enjoy.

This column was first published in The Orange County Register.

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The Media’s Lab Leak Debacle Shows Why Banning ‘Misinformation’ Is a Terrible Idea


coronavirus_lab_leak_misinformation

Facebook made a quiet but dramatic reversal last week: It no longer forbids users from touting the theory that COVID-19 came from a laboratory.

“In light of ongoing investigations into the origin of COVID-19 and in consultation with public health experts, we will no longer remove the claim that COVID-19 is man-made or manufactured from our apps,” the social media platform declared in a statement.

This change in policy comes in the midst of heated debate about how to respond to the perception that social media is amplifying the spread of false information. For the last several years, journalists and politicians have pushed to police so-called misinformation through various means. Major news organizations have hired mis- or disinformation reporters. Lawmakers such as Sen. Elizabeth Warren (D–Mass.) and House Speaker Nancy Pelosi (D–Calif.) have urged social media sites to prohibit speech deemed wrong or dangerous—and have sometimes suggested that this should be required by law. More recently, various groups have asked President Joe Biden to establish a federal initiative to combat online misinformation.

But Facebook’s concession that the lab leak story it once viewed as demonstrably false is actually possibly true should put to rest the idea that banning or regulating misinformation should be a chief public policy goal.

It’s one thing to discuss, debate, and correct wrong ideas, and both tech companies and media have roles to play in fostering healthy public dialogue. But Team Blue’s recent obsession with rendering unsayable anything that clashes with its preferred narrative is the height of hubris. The conversation should not be closed by the government and its yes-men in journalism, in tech, or even in public health.

From False Claim to Live Possibility

Consider that Facebook’s new declaration sits atop its About page, just above the site’s previous policy on coronavirus-related misinformation—dated February 8, 2021—which was to vigorously purge so-called “false claims,” including the notion that the disease “is man-made or manufactured.” The mainstream media had deemed this notion not merely wrong but dangerously absurd, and tech companies followed suit, suppressing it to the best of their abilities.

“Tom Cotton keeps repeating a coronavirus conspiracy theory that was already debunked,” read a February 2020 Washington Post article that criticized the Arkansas senator for departing from the prevailing narrative. Similarly, Politico both mischaracterized Cotton’s claims and said the rumor was “easily debunked within three minutes.”

But in recent weeks, the lab leak theory—the idea that COVID-19 inadvertently escaped from a laboratory, possibly the Wuhan Institute of Virology—has gained some public support among experts. In March, former Centers for Disease Control and Prevention (CDC) chief Robert Redfield said that he bought the theory. (His admission earned him death threats; most of them came from fellow scientists.) Nicholson Baker, writing in New York, and Nicholas Wade, formerly of The New York Times, both wrote articles that accepted the lab leak as equally if not more plausible than the idea that COVID-19 jumped from animals to humans in the wild (or at a wet market). Even Anthony Fauci, the White House’s coronavirus advisor and an early critic of the lab leak theory, now concedes it shouldn’t be ruled out as a possibility.

This has forced many in the media to eat crow. Matthew Yglesias, formerly of Vox, assailed mainstream journalism’s approach to lab leak as a “fiasco.” The Post rewrote its February headline, which now refers to the lab leak as a “fringe theory that scientists have disputed” rather than as a debunked conspiracy theory. New York magazine’s Jonathan Chait noted that a few ardent opponents of lab leak “with unusually robust social-media profiles” had used Twitter—the preferred medium of progressive politicos and journalists—to promote the idea that any dissent on this subject was both wrong and a sign of racial bias against Asian people.

“Story after story depicted the lab-leak hypothesis as clearly false and even racist,” wrote Chait. “The outlets that fared worst were those like the Guardian, Slate, and Vox (which is owned by the same company that owns New York Media), which embraced a ‘moral clarity’ ethos of forgoing traditional journalistic norms of restraint and objectivity in favor of calling out lies and bigotry.”

To be clear, while some circumstantial evidence supports the lab leak theory, there is still no scientific consensus on whether COVID-19 emerged from a research facility, a wet market, or somewhere else. (Moreover, there is considerable confusion about whether the U.S. government was funding the sort of research at the Wuhan Institute of Virology that could have produced COVID-19.) The Chinese government has stymied efforts to investigate the origins of the disease, and it’s possible the world will never know the truth.

But many lab-leak foes had not merely called the theory unproven. They had lobbied for the theory’s adherents to be effectively silenced. They asserted that anyone discussing it was a conspiracy theorist or even a racist. Indeed, some are still discouraging this conversation.

“I & other AAPIs are increasingly concerned that speculation over the lab leak theory will increase anti-Asian hate,” tweeted Leana Wen, a professor of public health and CNN medical analyst, earlier this week. “As we embark on a full scientific investigation, we must take actions to prevent the next escalation of anti-Asian racism.”

She did not explain why speculation about the lab leak theory would increase anti-Asian hate to a more appreciable degree than speculation about the wet market theory. The idea is counterintuitive: The lab leak theory indicts a handful of individual scientists and the Chinese government, whereas the wet market theory can be used to indict broader Asian cultural traditions that have often been criticized in the West. And while an apparent surge in anti-Asian hate crimes is at this point taken for granted among professional pundits and politicians, its extent and underlying causes are far from clear. For instance, the Atlanta spa killings are often cited as the prime example of the lethal nature of anti-Asian bias, but no definitive evidence has emerged thus far that racism was a conscious motivating factor in the shootings.

Yet it’s clear that a certain segment of lab-leak critics believed two things: 1) the theory would fan the flames of racism, and 2) for that reason, it should be proactively censored. Such is the slipperiness of the misinformation label, which has come to include all sorts of claims that are not straightforwardly false.

When ‘Misinformation’ Turns Out To Be True

What’s true of the debate over COVID-19’s origins is also true of countless other policy disputes. When The New York Post published a report on Hunter Biden’s efforts to lobby his father on behalf of foreign governments, the media pressured everyone to pretend the story did not even exist. Journalists who did share the article on social media were shamed for doing so, and the uniform assertions that the paper had fallen prey to a Russian disinformation campaign swiftly persuaded both Facebook and Twitter to throttle the story. Later, when it became evident that the information undergirding the story (if not all its conclusions) was accurate, tech companies were forced to admit their error. Twitter CEO Jack Dorsey has apologized repeatedly.

Big Tech takes its cues from the mainstream media, making decisions about which articles to boost or suppress based on the prevailing wisdom coming from The New York Times, The Washington Post, and elite media fact-checkers. (That’s according to information I obtained from insiders at Facebook during research for my forthcoming book, Tech Panic.) Social media companies are also wary of government officials, who have shown increasing interest in punishing them for platforming misinformation. Facebook, Twitter, et al are rationally skittish: Congress has hauled Dorsey, Mark Zuckerberg, Sundar Pichai, and others to Washington D.C. numerous times to answer questions about why specific pieces of content were allowed to exist. The best example of this was an April 2018 hearing in which Sen. Patrick Leahy (D–Vt.) printed out pictures of Facebook groups, glued them to a poster board, and demanded that Zuckerberg personally explain whether they were Russian in origin.

In February 2021, Democratic Reps. Anna Eshoo and Jerry McNerney, both of California, sent letters not just to tech companies but to cable providers taking them to task for airing outlets that spread misinformation. Later that week, Congress convened a hearing on “disinformation and extremism,” where lawmakers discussed whether the failure to purge all false claims about the 2020 election from the internet and television may have contributed to the Capitol riots.

Right-wing spaces are undoubtedly rife with absurd election claims, from the idea that President Trump actually won last year to the recent notion that a coup will restore him to office by August. The spread of election-related falsehoods—for which no one is more to blame than the former president himself—fanned the violence and destruction on January 6.

But some of the early reporting about what transpired at the Capitol also turned out to be false. Most notably, an angry MAGA mob did not bludgeon Officer Brian Sicknick to death with a fire extinguisher, as The New York Times and Associated Press initially claimed. It later emerged that Sicknick had suffered a stroke, yet no one called on Facebook to ban the AP. The defining characteristic of modern campaigns to police misinformation is naked partisanship.

An Epidemic of Federal Falsehoods

No issue has exposed the one-sidedness of the anti-misinformation drive as thoroughly as the pandemic, which has brought us countless examples of health officials making naïve, staggeringly wrong predictions. These have continued to the present day. A few short weeks ago, on March 30, 2021, CDC Director Rochelle Walensky warned of “impending doom” because some states were lifting COVID-19 restrictions too quickly. Thankfully, the doom didn’t materialize: Coronavirus cases and deaths have continued to declined precipitously, and now even the CDC has recommended a return to normal for everyone who has received the vaccine.

Trump’s advocacy of ridiculous or questionable COVID-19 cures earned widespread denunciation, and also inspired considerable fear that people would start drinking bleach and fish-tank cleaners. (When a man died after consuming the chemical, the media raced to blame Trump. The story subsequently turned out to be much more complicated.)

But millions of Americans spent the pandemic wildly scrubbing surfaces and cleaning their groceries due to bad guidance—what might reasonably be called misinformation— from the CDC. Many public spaces still follow such guidance. A requirement to power-wash desks and classrooms was a sticking point in the school reopening debate as recently as February of this year.

Most charitably, those are examples of experts applying their best judgement and making honest mistakes. But there are also instances of intentional lies. In the pandemic’s early stages, Fauci discouraged the use of masks only to abruptly reverse himself later. He later admitted that he was worried there wouldn’t be enough masks for hospitals and thus was deliberately evasive on the issue. In January, Fauci again confessed to a purportedly noble lie: He purposely set the herd immunity threshold at a lower level because he didn’t think the public could handle the actual number. In any fair accounting, this meets the classic definition of spreading misinformation, yet the media’s love affair with Fauci has hardly abated at all.

Meanwhile, progressives keep pressuring President Biden to do something to stem the spread of misinformation. A coalition of advocacy groups that includes PEN America, the Poynter Institute, the Electronic Frontier Foundation, and others recently sent a letter to Biden urging his administration to create a federal disinformation task force. Several members of the coalition are generally quite supportive of free speech, and their statement calls for “remaining vigilant against censorship and other threats to free expression.” Nevertheless, they want the government to explore potential solutions to the problem of social media companies platforming falsehoods.

If the government really wants to fight misinformation, an important first step would be for its own health officials to stop saying things that are false. If social media companies want to help foster the spread of truthful information—as Zuckerberg emailed Fauci to say last year—they should remember that many supposedly authoritative sources in and out of government have partisan axes to grind.

Any broader effort to shut down conversations that include a great number of lies is likely to inadvertently criminalize some politically inconvenient truth, or something that seemed untrue but later proved prescient—lab leak or no lab leak.

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The Media’s Lab Leak Debacle Shows Why Banning ‘Misinformation’ Is a Terrible Idea


coronavirus_lab_leak_misinformation

Facebook made a quiet but dramatic reversal last week: It no longer forbids users from touting the theory that COVID-19 came from a laboratory.

“In light of ongoing investigations into the origin of COVID-19 and in consultation with public health experts, we will no longer remove the claim that COVID-19 is man-made or manufactured from our apps,” the social media platform declared in a statement.

This change in policy comes in the midst of heated debate about how to respond to the perception that social media is amplifying the spread of false information. For the last several years, journalists and politicians have pushed to police so-called misinformation through various means. Major news organizations have hired mis- or disinformation reporters. Lawmakers such as Sen. Elizabeth Warren (D–Mass.) and House Speaker Nancy Pelosi (D–Calif.) have urged social media sites to prohibit speech deemed wrong or dangerous—and have sometimes suggested that this should be required by law. More recently, various groups have asked President Joe Biden to establish a federal initiative to combat online misinformation.

But Facebook’s concession that the lab leak story it once viewed as demonstrably false is actually possibly true should put to rest the idea that banning or regulating misinformation should be a chief public policy goal.

It’s one thing to discuss, debate, and correct wrong ideas, and both tech companies and media have roles to play in fostering healthy public dialogue. But Team Blue’s recent obsession with rendering unsayable anything that clashes with its preferred narrative is the height of hubris. The conversation should not be closed by the government and its yes-men in journalism, in tech, or even in public health.

From False Claim to Live Possibility

Consider that Facebook’s new declaration sits atop its About page, just above the site’s previous policy on coronavirus-related misinformation—dated February 8, 2021—which was to vigorously purge so-called “false claims,” including the notion that the disease “is man-made or manufactured.” The mainstream media had deemed this notion not merely wrong but dangerously absurd, and tech companies followed suit, suppressing it to the best of their abilities.

“Tom Cotton keeps repeating a coronavirus conspiracy theory that was already debunked,” read a February 2020 Washington Post article that criticized the Arkansas senator for departing from the prevailing narrative. Similarly, Politico both mischaracterized Cotton’s claims and said the rumor was “easily debunked within three minutes.”

But in recent weeks, the lab leak theory—the idea that COVID-19 inadvertently escaped from a laboratory, possibly the Wuhan Institute of Virology—has gained some public support among experts. In March, former Centers for Disease Control and Prevention (CDC) chief Robert Redfield said that he bought the theory. (His admission earned him death threats; most of them came from fellow scientists.) Nicholson Baker, writing in New York, and Nicholas Wade, formerly of The New York Times, both wrote articles that accepted the lab leak as equally if not more plausible than the idea that COVID-19 jumped from animals to humans in the wild (or at a wet market). Even Anthony Fauci, the White House’s coronavirus advisor and an early critic of the lab leak theory, now concedes it shouldn’t be ruled out as a possibility.

This has forced many in the media to eat crow. Matthew Yglesias, formerly of Vox, assailed mainstream journalism’s approach to lab leak as a “fiasco.” The Post rewrote its February headline, which now refers to the lab leak as a “fringe theory that scientists have disputed” rather than as a debunked conspiracy theory. New York magazine’s Jonathan Chait noted that a few ardent opponents of lab leak “with unusually robust social-media profiles” had used Twitter—the preferred medium of progressive politicos and journalists—to promote the idea that any dissent on this subject was both wrong and a sign of racial bias against Asian people.

“Story after story depicted the lab-leak hypothesis as clearly false and even racist,” wrote Chait. “The outlets that fared worst were those like the Guardian, Slate, and Vox (which is owned by the same company that owns New York Media), which embraced a ‘moral clarity’ ethos of forgoing traditional journalistic norms of restraint and objectivity in favor of calling out lies and bigotry.”

To be clear, while some circumstantial evidence supports the lab leak theory, there is still no scientific consensus on whether COVID-19 emerged from a research facility, a wet market, or somewhere else. (Moreover, there is considerable confusion about whether the U.S. government was funding the sort of research at the Wuhan Institute of Virology that could have produced COVID-19.) The Chinese government has stymied efforts to investigate the origins of the disease, and it’s possible the world will never know the truth.

But many lab-leak foes had not merely called the theory unproven. They had lobbied for the theory’s adherents to be effectively silenced. They asserted that anyone discussing it was a conspiracy theorist or even a racist. Indeed, some are still discouraging this conversation.

“I & other AAPIs are increasingly concerned that speculation over the lab leak theory will increase anti-Asian hate,” tweeted Leana Wen, a professor of public health and CNN medical analyst, earlier this week. “As we embark on a full scientific investigation, we must take actions to prevent the next escalation of anti-Asian racism.”

She did not explain why speculation about the lab leak theory would increase anti-Asian hate to a more appreciable degree than speculation about the wet market theory. The idea is counterintuitive: The lab leak theory indicts a handful of individual scientists and the Chinese government, whereas the wet market theory can be used to indict broader Asian cultural traditions that have often been criticized in the West. And while an apparent surge in anti-Asian hate crimes is at this point taken for granted among professional pundits and politicians, its extent and underlying causes are far from clear. For instance, the Atlanta spa killings are often cited as the prime example of the lethal nature of anti-Asian bias, but no definitive evidence has emerged thus far that racism was a conscious motivating factor in the shootings.

Yet it’s clear that a certain segment of lab-leak critics believed two things: 1) the theory would fan the flames of racism, and 2) for that reason, it should be proactively censored. Such is the slipperiness of the misinformation label, which has come to include all sorts of claims that are not straightforwardly false.

When ‘Misinformation’ Turns Out To Be True

What’s true of the debate over COVID-19’s origins is also true of countless other policy disputes. When The New York Post published a report on Hunter Biden’s efforts to lobby his father on behalf of foreign governments, the media pressured everyone to pretend the story did not even exist. Journalists who did share the article on social media were shamed for doing so, and the uniform assertions that the paper had fallen prey to a Russian disinformation campaign swiftly persuaded both Facebook and Twitter to throttle the story. Later, when it became evident that the information undergirding the story (if not all its conclusions) was accurate, tech companies were forced to admit their error. Twitter CEO Jack Dorsey has apologized repeatedly.

Big Tech takes its cues from the mainstream media, making decisions about which articles to boost or suppress based on the prevailing wisdom coming from The New York Times, The Washington Post, and elite media fact-checkers. (That’s according to information I obtained from insiders at Facebook during research for my forthcoming book, Tech Panic.) Social media companies are also wary of government officials, who have shown increasing interest in punishing them for platforming misinformation. Facebook, Twitter, et al are rationally skittish: Congress has hauled Dorsey, Mark Zuckerberg, Sundar Pichai, and others to Washington D.C. numerous times to answer questions about why specific pieces of content were allowed to exist. The best example of this was an April 2018 hearing in which Sen. Patrick Leahy (D–Vt.) printed out pictures of Facebook groups, glued them to a poster board, and demanded that Zuckerberg personally explain whether they were Russian in origin.

In February 2021, Democratic Reps. Anna Eshoo and Jerry McNerney, both of California, sent letters not just to tech companies but to cable providers taking them to task for airing outlets that spread misinformation. Later that week, Congress convened a hearing on “disinformation and extremism,” where lawmakers discussed whether the failure to purge all false claims about the 2020 election from the internet and television may have contributed to the Capitol riots.

Right-wing spaces are undoubtedly rife with absurd election claims, from the idea that President Trump actually won last year to the recent notion that a coup will restore him to office by August. The spread of election-related falsehoods—for which no one is more to blame than the former president himself—fanned the violence and destruction on January 6.

But some of the early reporting about what transpired at the Capitol also turned out to be false. Most notably, an angry MAGA mob did not bludgeon Officer Brian Sicknick to death with a fire extinguisher, as The New York Times and Associated Press initially claimed. It later emerged that Sicknick had suffered a stroke, yet no one called on Facebook to ban the AP. The defining characteristic of modern campaigns to police misinformation is naked partisanship.

An Epidemic of Federal Falsehoods

No issue has exposed the one-sidedness of the anti-misinformation drive as thoroughly as the pandemic, which has brought us countless examples of health officials making naïve, staggeringly wrong predictions. These have continued to the present day. A few short weeks ago, on March 30, 2021, CDC Director Rochelle Walensky warned of “impending doom” because some states were lifting COVID-19 restrictions too quickly. Thankfully, the doom didn’t materialize: Coronavirus cases and deaths have continued to declined precipitously, and now even the CDC has recommended a return to normal for everyone who has received the vaccine.

Trump’s advocacy of ridiculous or questionable COVID-19 cures earned widespread denunciation, and also inspired considerable fear that people would start drinking bleach and fish-tank cleaners. (When a man died after consuming the chemical, the media raced to blame Trump. The story subsequently turned out to be much more complicated.)

But millions of Americans spent the pandemic wildly scrubbing surfaces and cleaning their groceries due to bad guidance—what might reasonably be called misinformation— from the CDC. Many public spaces still follow such guidance. A requirement to power-wash desks and classrooms was a sticking point in the school reopening debate as recently as February of this year.

Most charitably, those are examples of experts applying their best judgement and making honest mistakes. But there are also instances of intentional lies. In the pandemic’s early stages, Fauci discouraged the use of masks only to abruptly reverse himself later. He later admitted that he was worried there wouldn’t be enough masks for hospitals and thus was deliberately evasive on the issue. In January, Fauci again confessed to a purportedly noble lie: He purposely set the herd immunity threshold at a lower level because he didn’t think the public could handle the actual number. In any fair accounting, this meets the classic definition of spreading misinformation, yet the media’s love affair with Fauci has hardly abated at all.

Meanwhile, progressives keep pressuring President Biden to do something to stem the spread of misinformation. A coalition of advocacy groups that includes PEN America, the Poynter Institute, the Electronic Frontier Foundation, and others recently sent a letter to Biden urging his administration to create a federal disinformation task force. Several members of the coalition are generally quite supportive of free speech, and their statement calls for “remaining vigilant against censorship and other threats to free expression.” Nevertheless, they want the government to explore potential solutions to the problem of social media companies platforming falsehoods.

If the government really wants to fight misinformation, an important first step would be for its own health officials to stop saying things that are false. If social media companies want to help foster the spread of truthful information—as Zuckerberg emailed Fauci to say last year—they should remember that many supposedly authoritative sources in and out of government have partisan axes to grind.

Any broader effort to shut down conversations that include a great number of lies is likely to inadvertently criminalize some politically inconvenient truth, or something that seemed untrue but later proved prescient—lab leak or no lab leak.

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