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cleisthenes's avatar

The nub of the issue might perhaps be best encapsulated in John Kerry’s recent statements at a WEF function:

“You know there’s a lot of discussion now about how you curb those entities in order to guarantee that you’re going to have some accountability on facts, etc. But look, if people only go to one source, and the source they go to is sick, and, you know, has an agenda, and they’re putting out disinformation, our First Amendment stands as a major block to be able to just, you know, hammer it out of existence…”

"The dislike of and anguish over social media is just growing and growing. It is part of our problem, particularly in democracies, in terms of building consensus around any issue. It's really hard to govern today. The referees we used to have to determine what is a fact and what isn't a fact have kind of been eviscerated, to a certain degree. And people go and self-select where they go for their news, for their information. And then you get into a vicious cycle...".

"Democracies around the world now are struggling with the absence of a sort of truth arbiter, and there’s no one who defines what facts really are."

In reality, however, the US courts have always provided consequences for disapproved speech. Blackstone’s Commentaries state:

“The liberty of the press . . . consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.”

And indeed this is what we see all the time in such typical instances as the Michael Mann defamation case: https://apnews.com/article/climate-change-defamation-michael-mann-penn-state-61289ee2d8d2143768d28995c83899ef And the government certainly had not difficulty in providing a means of hammering Infowars out of existance: https://infowarslawsuit.com/

These actions, of course, required something akin to due process. Due process after the fact of publication, rather than prior restraint, is what Milton argued for in his Areopagitica. Perhaps because of the horrendously arbitary and random operation of what passes for a legal system in the United States, the currently existing channels for due process in this regard are insufficient to advance the governance aspirations of Kerry and the global nouvelle aristoi, and they wish to resurrect the Licensing Order of 1643 or even an Index Librorum Prohibitorum. After all, with AI available today, it should pose no technical problem at all for every potential comment or post on the internet to be instantly reviewed for conformity with established dogma, prior to publication. How could anyone possibly object?

Two possible objections that might be considered are (1) bureaucratic transaction costs to institutions, and (2) foreclosing informational advantages incurred through consensus decision-making. With respect to the first, Oliver Williamson famously questioned the wisdom of universally internalizing transactions within organizations, for example, observing that “Because internal organization experiences added bureaucratic costs, the firm is usefully thought as the organization of last resort: try markets, try hybrids (long term contractual relations into which security features have been crafted), and resort to firms when all else fails (compatatively).” Somewhat reminiscent of another sage who observed “Markets fail, use markets,” but, a warning about the sort of internal rivalries and unproductive competitions that beset every transaction process, that would include designing and implementing pre-approval processes.

The second consideration considers dissent, or disinformation, or whatever you want to call it, as a useful component of mutual aid, a source of information that even if misguided, helps to strengthen consensus. The evolutionary advantage of taking into account the views of minorities is perhaps illustrated in honeybee democracy in which a consensus decision is reached on such important matters as where to begin a new hive:

“We point out that a swarm's overall strategy of decision making is a “weighted additive strategy.” This strategy is the most accurate but also the most demanding in terms of information processing, because it takes account of all of the information relevant to a decision problem. Despite being composed of small-brained bees, swarms are able to use the weighted additive strategy by distributing among many bees both the task of evaluating the alternative sites and the task of identifying the best of these sites.”

(https://link.springer.com/article/10.1007/s002650050536 - as an aside, isn’t true that entomologists are doing the most interesting work in economics today? Seeley for the economics Nobel.)

Indeed one might well argue that the reason that the US is such a pathetic laggard with respect to social capital (https://solability.com/the-global-sustainable-competitiveness-index/the-index/social-capital ) is that our highly centralized government, ossified constitution, unaccountable bureaucracy, winner-take-all two party political system, and costly common law of defamation, already over-inhibit the sharing and application of useful information.

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RatMan29's avatar

I would add one important point. The first two points under tl;dr apply in multiple ways -- not just with "the authority" meaning government, but also with "the authority" being the forum owner, or any third-party business or club that might smear, fire, or expel you for expressing views they disagree with.

Libertarians are too quick to assume that a private business owner can do no wrong by discriminating, but in my view that only holds when that field of business is sufficiently unregulated so that "Let dissenters create their own businesses and compete with us!" is actually a practical remedy. If it is not, then rules against that form of discrimination are necessary and right.

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