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Musk Can Use The First Amendment..
Part 2 of 3
Unclear Terms Allow Censorship
“Hate speech,” “hateful conduct,” “misinformation,” and “disinformation” are some of the most common terms in speech codes. They are also notoriously unclear and imprecise. Twitter has numerous policies containing these terms. Each of these terms is a threat to free speech because they can be wielded to silence any viewpoints those in authority choose.
Take, for example, how these policies affect the free exchange of ideas on the ongoing national debate over gender ideology and its effects on female athletics, privacy, religious freedom, and free speech. This issue is, borrowing from Musk’s words, a “matter vital to the future of humanity.” Yet time and again, Twitter’s policies have hampered the freedom of people to freely discuss this critical issue.
Specifically, Twitter has wielded its “hateful conduct” policy to censor or deplatform users on one side of this debate. Among other things, that policy says, “You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.” It also bars “targeted misgendering or deadnaming of transgender individuals.”
Prohibiting “hateful conduct” or “targeted harassment” is a noble objective. But, as applied to speech, Twitter’s speech code allows for disproportionate application and censorship. And that’s exactly what has happened.
Just Look at Twitter’s Recent History
For example, in late January 2021, Twitter locked out The Daily Citizen, a Christian news outlet, from its account for stating that one of President Joe Biden’s nominees is a man who identifies as a woman. The full tweet said: “On Tuesday, President-elect Joe Biden announced that he had chosen Dr. Rachel Levine to serve as Assistant Secretary for Health at the Department of HHS. Dr. Levine is a transgender woman, that is, a man who believes he is a woman.”
The tweet linked to an article on The Daily Citizen’s website. This tweet addressed a matter of dramatic importance — whether identifying as a woman is what makes a person a woman — and expressed the position that many reasonable people hold: that identity is not the only thing that makes someone a man or a woman.
The tweet neither expressed any hatred nor encouraged any violence toward Levine. Nevertheless, Twitter informed The Daily Citizen that the tweet violated its “hateful conduct” policy because it “promoted violence, threatened, or harassed” Levine. Twitter denied The Daily Citizen’s appeal and imposed a four-month ban.
Similarly, The Federalist’s Senior Editor John Daniel Davidson was locked out of his Twitter account for saying Levine was a man. Twitter refuses to unlock Davidson’s account unless he deletes the offending tweet, a common practice Twitter applies disproportionately to conservative commentators.
Bans on Transgender Discussion
Similarly, during the 2021 summer Olympics, Twitter banned several commentators for questioning Olympic rules that permit males to compete in women’s categories. For example, when New Zealand transgender weightlifter Laurel Hubbard exited the competition after failing all three attempts, Allie Beth Stuckey tweeted that “Laura [sic] Hubbard failing at the event doesn’t make his inclusion fair. He’s still a man, and men shouldn’t compete against women in weightlifting.”
In response to Stuckey’s 12-hour ban, Erick Erickson tweeted, “This is absurd. Laurel Hubbard is a man even if Twitter doesn’t like it.” He also received a 12-hour ban. Both times, Twitter invoked its “hateful conduct” policy.
More recently, Twitter has censored The Babylon Bee and U.S. Rep. Vicky Hartzler for expressing their views on gender identity ideology and its impact on women. These examples of viewpoint discrimination against high-profile users only scratch the surface of the distortion Twitter’s “hateful conduct” speech code does to Twitter’s “town square” in cyberspace.
https://thefederalist.com/2022/05/12/elon-musk-can-use-the-first-amendment-to-make-twitter-open-to-free-speech-again/