The Buffalo horror raises thorny issues about hate speech and the media

Image via Today’s Front Pages at FreedomForum.org.

Correction: An earlier version of this post identified 4chan’s hosting service. In fact, it was a porn site that uses the name 4chan but is otherwise unrelated.

Our thoughts at this time need to be with the Black community of Buffalo — and everywhere — as we process the horror of one of the worst mass murders of recent years. We need to do something substantive about guns, racism and white supremacy. What actually happened, and what we can do to prevent such horrific events from happening again, must be at the top of our agenda.

This blog, though, is primarily about the media and often about free speech. So let me address some of the secondary issues. The shootings intersect with notions of hate speech, social media and the role of Fox News in mainstreaming dangerous racist ideologies such as so-called replacement theory, which holds that the left is trying to push out white people in favor of non-white immigrants in order to obtain an electoral advantage.

First, keep in mind that hate speech is legal. The New York Times today says this about New York Gov. Kathy Hochul:

When pressed on how she planned to confront such hate speech online, without impinging on First Amendment rights, Ms. Hochul noted that “hate speech is not protected” and said she would soon be calling meetings with social media companies.

Hochul is wrong, and the Times shouldn’t have used “noted,” which implies that she knows what she’s talking about. If hate speech were illegal, Tucker Carlson would have been kicked off Fox long ago.

What’s illegal is incitement to violence, and you might think whipping up racist hatred would qualify. In fact, it does not — and the very Supreme Court case that made that clear was about a speaker at a rally who whipped up racist hatred. Brandenburg v. Ohio (1969) held that a ranting Ku Klux Klan thug demanding “revengeance” against Jews and Black people had not engaged in incitement because his threats were non-specific.

Hochul can cajole and threaten. And she should. But it’s going to be difficult to do much more than that.

As for the media themselves, that’s a morass, and it’s too early to start sorting this out. But the shooter reportedly fell down the 4chan hole during the pandemic, immersing himself in the racism and hate that permeate the dark corners of the internet. There are a lot of moving parts here, but it seems unlikely that a young mass murder-in-the-making was sitting around watching Fox, even if some of his rants paralleled Carlson’s rhetoric. Fox’s role is to mainstream such hatred for its frightened, elderly viewers. The radicalization itself happens elsewhere.

So, are we going to ban 4chan? How would that even work? If the government tried to shut them down, they could just go somewhere else. I’m sure Vladimir Putin would be happy to play host.

4chan represents the bottom of this toxic food chain; Fox News is at the top. In the middle are the mainstream social media platforms — Facebook, Twitter, Twitch (which allowed the shooter to livestream his rampage for nearly two minutes before taking it down) and the like. It’s too early to say what, if anything, will happen on that front. But it’s probably not a good time to be a billionaire who wants to buy Twitter so that there will be less moderation on the platform than there is currently.

As it turns out, that billionaire, Elon Musk, may be backing away.

Just up at ‘Beat the Press’: Elon Musk, CNN+ and more

Elon Musk. Photo (cc) 2019 by Daniel Oberhaus.

The brand spanking new “Beat the Press” podcast is up, with our smoking hot takes on Elon Musk and Twitter, @LibsOfTikTok, the ethics of journalists who save the good stuff for their books, and the demise of CNN+. Plus our Rants & Raves. Hosted, as always, by Emily Rooney, with Joanna Weiss, Jon Keller and me. Available wherever you get your podcasts.

Looking back at the early promise of Twitter with Andy Carvin and the Arab Spring

With Twitter apparently on the verge of falling into the hands of billionaire troll Elon Musk (or maybe not), I thought back to a time when we thought it could be used as a force for good. More specifically, I thought back to a story broadcast on the “PBS NewsHour” 11 years ago (above) in which Andy Carvin, then with NPR, talked about how he was using it to track the Arab Spring uprisings that engulfed Tunisia and, later, Egypt and beyond.

This is a great story, and I hope you’ll take a few minutes to watch it. I used to show it to my students as a demonstration of how Twitter could be used to track news in real time. If I showed it to them now, it would be as a historical artifact.

Carvin began with about a half dozen people in the Middle East who he was already following on Twitter — what interviewer Hari Sreenivasan called Carvin’s “first ring of trust.” From there, Carvin looked at who those people were following. He’d engage in private conversations via DM to add to his circle, building a “mental map” and explaining: “It doesn’t mean that they’re all reliable. It does mean that they’re all talking to each other.”

Carvin also discussed his methods, some of which I would not recommend today given the toxic cesspool that Twitter has become. “I see my Twitter feed as an open newsgathering operation,” he said, explaining he would often retweet items with comments such as “Source?” or “Verified?”

In one such instance, he said he retweeted a sign being held by protesters in Iran that showed three prominent politicians photoshopped to make it appear they were about to be hanged. He was able to verify that the sign was real. Today, given that Twitter has long since grown beyond a small conversation among a fairly sophisticated community, that sort of activity would be called out for promoting misinformation and probably removed by Twitter. (But maybe not after Musk takes over.)

Carvin talked about what was then the surreal experience, now fairly common, of watching live coverage of the protests in Egypt’s Tahrir Square while using Twitter to follow people on the ground. “You don’t necessarily get complete situational awareness,” he said. “But you get a pretty close proximity to it.” Just a few years later, in 2014, many of us followed the birth of the Black Lives Matter movement on Twitter as protests broke out in Ferguson, Missouri, after the police killing of Michael Brown — protests that television didn’t catch up with for many hours.

Carvin also discussed the overwhelming nature of social media, saying he would check tweets on his phone while making dinner, lay off while eating with his family and reading to his kids, and then go back to TweetDeck until nearly midnight to keep up with the latest. Of course, Carvin was a journalist covering vitally important live events, and his routine was certainly less exhausting than being a reporter on the scene. If you leave that aside, though, it speaks to the difficulty we’ve all had of achieving any sort of work-life balance in the age of always-on digital technology.

“I don’t know how to juggle all this,” he said. “I’m kind of hoping that others will be able to come in and do similar things. I probably will reach some saturation point at some point. I’m not there yet, but I’m getting pretty close.”

Twitter remains a valuable tool for journalists, but it’s fallen far short of its initial promise. It’s hard to see how Musk is going to make it better. Even after reaching a deal to buy the platform, he was attacking top executives at Twitter, unleashing his army of trolls. It has not been a good week — or, as the Carvin video reminds us — a good decade for any of us who are interested in preserving some sliver of civil online discourse.