Another Mass. judge orders a magazine to turn over its reporting materials; plus, media notes

Illustration produced by AI using DALL-E

One step forward, one step back.

Less than two weeks after state Superior Court Judge Beverly Cannone reversed herself and ruled that Boston magazine reporter Gretchen Voss did not have to turn over notes she took during an off-the-record interview with murder suspect Karen Read, another judge is demanding that a journalist assist prosecutors in a different murder case.

On Monday, Superior Court Judge William Sullivan ordered that The New Yorker produce audio recordings of interviews with the husband of Lindsay Clancy, who’s been charged in the killing of her three children at their Duxbury home.

And there’s more, according to Boston Globe reporter Travis Andersen, who writes that the magazine will be required to produce “all audio recordings of Patrick Clancy, two of his relatives, and two friends who spoke to the magazine for a story that ran in October” as well as “relevant interview notes, text messages, voicemails, and emails in possession of the publisher or reporter Eren Orbey.” Orbey’s story on the Clancy case was published last October.

I would assume that The New Yorker and its corporate owner, Condé Nast, will appeal, although the Globe story doesn’t address that issue. Last Friday, Charlie McKenna of MassLive reported that Judge Sullivan had allowed the prosecution’s motion for The New Yorker’s reporting materials and that Clancy’s lawyer, Kevin Reddington, did not object. The magazine had not responded to the demand, a prosecutor told Sullivan.

There is no First Amendment right for reporters to protect their confidential sources or, as in this case, their reporting materials. Massachusetts does not have a shield law, and protections based on state court precedent are regarded as weak.

The problem is that forcing reporters to turn over their notes, recordings and other materials transforms them into an arm of the prosecution and interferes with their ability to do serve as an independent monitor of power. Sullivan made the wrong call, and I hope he — like Judge Cannone — has second thoughts.

Media notes

• That didn’t take long. After Google Maps changed “Gulf of Mexico” to “Gulf of America,” opponents of Donald Trump took to social media to announce that they were moving to other platforms. Well, on Tuesday evening Microsoft and Apple began to follow suit. Honestly, no one should have been surprised.

• The fracturing continues. BuzzFeed may become the latest company to unveil an alternative to Twitter/X, according to Max Tani of Semafor, as it seeks to offer “an alternative to the rightward, masculine drift of American public culture.” Well, good luck with that. After shutting down its news division, BuzzFeed is now cutting its HuffPost subsidiary. I have to say that Bluesky is working pretty well for me as my main short-form social-media outlet.

• Back to his roots. U.S. Sen. Dick Durbin, D-Ill., is demanding answers from Meta CEO Mark Zuckerberg about ads running on Instagram for a program that uses artificial intelligence to create fake nude photos of real people. The ads violate Meta’s terms of service, reports Emanuel Maiberg of 404 Media. But let’s not forget that Zuckerberg created a predecessor site to Facebook as a way to rate the hotness of Harvard women.

From pariah to sage: Bill Gates puts some distance between himself and Trump’s supine tech bros

Bill Gates. Photo (cc) 2020 by Greg Rubenstein.

I’m posting this because tomorrow is the last day of January and I still have a bunch of gift links to The New York Times that I haven’t used. The clock resets at midnight on Friday. (Let me know if there are more that you’d like.) Both links below should work even if you’re not a Times subscriber.

David Streitfeld as an interesting interview with Bill Gates, the one-time bad boy of tech who now looks pretty good compared to Elon Musk, Mark Zuckerberg et al. Gates has just published a memoir, “Source Code,” which is the subject of this Times review by Jennifer Szalai.

Unlike his tech brethren, Gates, who co-founded Microsoft, has remained left-of-center and devoted to his philanthropic endeavors. He is far from perfect, of course, and Streitfeld observes that his reputation took a hit when he divorced his much-admired then-wife, Melinda French Gates, and when it was revealed that he’d spent time with the pedophile Jeffrey Epstein (Gates has never been tied to Epstein’s monstrous sex crimes).

But Gates seems to have a mature, bemused attitude about what other people think of him. He also doesn’t shy away from admitting when he’s been wrong. He says he’s paid $14 billion in taxes over the years and adds that it should have been $40 billion if we had a fairer system. We also learn that donated $50 million to a group supporting Kamala Harris’ presidential campaign.

When I listened to Walter Isaacson’s biography of the late Apple co-founder Steve Jobs some years ago, I was struck by Gates thoughtful take. He was by far the most insightful of the many people whom Isaacson interviewed. Jobs is someone I admire, but I wonder if he would have found himself up on the platform with Donald Trump last week. Gates, to his credit, was not.

Mark Zuckerberg’s capitulation to Trump is all about his relentless pursuit of profits

Mark Zuckerberg. Photo (cc) 2019 by Billionaires Success.

On Tuesday I spoke with Jon Keller of Boston’s WBZ-TV (Channel 4) about Mark Zuckerberg’s decision to eliminate independent fact-checking and tone down the moderation on Meta’s social-media various platforms, which include Facebook, Instagram and Threads.

Among other things, Zuckerberg said he’s going to let pretty much anything go on immigration and gender on the grounds that stamping out hate speech is “out of touch with mainstream discourse.” He’s also copying the Community Notes feature from Elon Musk, who has turned over fact-checking to users at his Twitter/X platform.

For all the details, I recommend this Wall Street Journal article (gift link) and Zuckerberg’s own video announcement.

Jon and I were only able to hit a few points in our conversation, so I want to say a bit more. What Zuckerberg is doing amounts to unconditional surrender to Donald Trump. Four and five years ago, Facebook struggled to clamp down on dangerous misinformation about COVID and suspended Trump from the platform after he fomented the attempted insurrection of Jan. 6, 2021. Now Zuckerberg is giving in completely.

Essentially we have three billionaire tech moguls who are doing everything they can to enable Trump. Musk, of course, isn’t just enabling Trump; he’s moved in with him, and his bizarre pronouncements about everything from the alleged criminality of the British government to the size of newborns’ heads now carry with them the imprimatur of our authoritarian president-elect.

Amazon founder Jeff Bezos is systematically destroying The Washington Post, one of our four national newspapers, for no discernible reason other than to curry favor with Trump. And now Zuckerberg has signaled his willingness to surrender unconditionally.

The dispiriting reality is that Zuckerberg has placed profit above all other values for many years, no matter what the human cost. According to Amnesty International, Facebook was complicit in genocide against the Rohingya people in Myanmar. His products have been linked to depression and suicide among teenagers. If Zuckerberg cared about any of this, he would have taken steps to make his platforms safer even at the expense of some of his profit margin. To be clear, Zuckerberg obviously doesn’t support genocide or suicide, and he has taken some steps — but those measures have been inadequate.

We should always keep in mind what the business model is for social media, whether it be Facebook, Threads, Twitter or TikTok. All of them employ opaque algorithms to show users more of the content that keeps them engaged so that they can sell them more stuff. And studies have demonstrated that what keeps users engaged is what makes them angry and upset. This is protected by Section 230, a federal law that holds internet publishers legally harmless for any content posted by third-party users.

As Twitter has continued its descent into the right-wing fever swamps, two platforms have emerged as alternatives — Threads and the much-smaller Bluesky. The latter has received several big bumps since the election, and is likely to get another one now that Zuckerberg has harmed the Threads brand. Bluesky doesn’t use a centralized algorithm — you’re free to use one designed by other users or none at all. (That’s also the case with Mastodon, but Bluesky has zoomed well ahead in the public consciousness.)

Unfortunately, Bluesky also lacks the capacity to engage in the kind of fact-checking and moderation that Meta once used. And with growth comes toxicity.

I’ve seen a number of folks on Threads saying on Tuesday that they’re leaving for Bluesky, just as many others said last year that they were leaving Twitter for Threads. It’s all futile. What we need is less social media and more real human connection. What Zuckerberg did Tuesday didn’t destroy something great. Rather, he made something that was already bad considerably worse.

The Washington Post suffers another self-inflicted blow as Ann Telnaes quits over a killed cartoon

The rough draft of the Ann Telnaes cartoon that was killed by her editor. Via Telnaes’ newsletter, Open Windows.

The latest self-inflicted blow to The Washington Post has been rocketing around the internet since Friday. Ann Telnaes, a Pulitzer Prize winner whose wickedly funny editorial cartoons have graced the Post’s opinion section since 2008, quit after opinion editor David Shipley killed a cartoon that made fun of billionaires for sucking up to Donald Trump — including Post owner Jeff Bezos. Telnaes writes in her newsletter, Open Windows:

As an editorial cartoonist, my job is to hold powerful people and institutions accountable. For the first time, my editor prevented me from doing that critical job. So I have decided to leave the Post. I doubt my decision will cause much of a stir and that it will be dismissed because I’m just a cartoonist. But I will not stop holding truth to power through my cartooning, because as they say, “Democracy dies in darkness.”

She’s wrong about one thing: Her resignation has created an enormous stir. Right now it’s trending at The New York Times and is No. 7 on The Boston Globe‘s most-read list. It’s all over social media as well.

The rough draft of Telnaes’ cartoon (above) shows Bezos and fellow billionaires Mark Zuckerberg of Meta, Sam Altman of Open AI and Los Angeles Times owner Patrick Soon-Shiong kneeling before a giant statue of Trump. Three are holding bags of money in supplication. I’m not sure what Soon-Shiong is doing, though he appears to be wielding a container of lipstick. Mickey Mouse somehow figures into it as well.

Shipley, who was hired in 2022, is trying to do damage control, saying in a statement reported by New York Times media reporter Benjamin Mullin that he was simply engaged in normal editing and believed that the Post was running too much commentary about Trump’s billionaire courtiers:

Not every editorial judgment is a reflection of a malign force. My decision was guided by the fact that we had just published a column on the same topic as the cartoon and had already scheduled another column — this one a satire — for publication. The only bias was against repetition.

I’m going to take Shipley at his word. Opinion editors should assert themselves from time to time and insist on less repetition. But not in this particular instance. Given the fraught nature of Bezos’ recent Trump-friendly moves, including his decision to kill the Post’s endorsement of Kamala Harris and to donate $1 million to Trump’s inaugural fund (which is what Telnaes was mocking in her cartoon), Shipley should have left this one go.  By killing Telnaes cartoon, he acted in a deeply irresponsible manner at the worst possible time. And he lost one of his brightest stars.

I’ve enjoyed Telnaes’ work for years. During the Trump presidency, she often drew animated cartoons that were published on the Post’s digital platforms. Under her skillful pen, Trump was a grotesque figure, covered with makeup with his long red tie often reaching the floor.

Sadly, we are at a moment when editorial cartooning in general is on the decline, and it’s not a given that Telnaes will be picked up by another paper. The Times, which has been scooping up disaffected Posties, famously does not run editorial cartoons. Shipley says he hopes Telnaes will reconsider, but that seems unlikely.

No doubt Telnaes won’t come cheap. But several papers distinguished themselves with tough anti-Trump opinionating during the 2024 campaign, including The Boston Globe and The Philadelphia Inquirer, and I hope one of them sees fit to open up their checkbook and bring her on. The Atlantic, which like the Times has been hiring former Post staffers, is a possible landing spot as well.

A tale of two libel suits: ABC News’ shocking abdication, and the end of the line in Everett, Mass.

George Stephanopoulos earlier this year. Official White House photo by Carlos Fyfe.

For this morning, a tale of two libel suits, one national, one local. The national case threatens to undermine protections for journalism that have been in place since 1964. The local case will result in the closure of a weekly newspaper that started publishing 139 years ago.

First, the national lawsuit. On Saturday, ABC News agreed to pay $15 million to Donald Trump in order to settle a libel claim over repeated on-air assertions by anchor George Stephanopolous that a jury had found Trump “liable for rape” against the writer E. Jean Carroll. The money will be paid to Trump’s presidential library and foundation, and Katelyn Polantz report

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The problem is that what Stephanopoulos said was substantially true. The CNN story put it this way: “In 2023, a jury found that Trump sexually abused Carroll, sufficient to hold him liable for battery, though it did not find that Carroll proved he raped her.” And here’s the big “but”: In August 2023, U.S. District Judge Lewis Kaplan found that Trump had, in fact, raped Carroll under the everyday meaning of the word if not under the legal definition. Here’s what Lewis said at the time in the course of ruling on one of Carroll’s defamation proceedings against Trump:

Indeed, the jury’s verdict in Carroll II establishes, as against Mr. Trump, the fact that Mr. Trump “raped her,” albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms. Carroll’s “rape” accusations.

I’ll give you a moment to throw up. Now, then, let’s parse this, shall we? A jury found Trump liable for “sexual abuse,” which Judge Lewis ruled was tantamount to being found liable for rape. What Stephanopoulos said was inaccurate only under the most hypertechnical interpretation of what actually happened — and, as I said, Stephanopoulos’ assertions were substantially true, which is supposed to be the standard in libel law. But ABC and its parent company, Disney, decided to appease Trump rather than continue to fight.

And what’s with Stephanopoulos? At 63, he has made many millions of dollars. If he had resigned and continued to fight rather than go along with his corporate overlords, he could have been a hero. Who knows what opportunities would have opened up for him? Instead, he’s content to continue as a highly compensated apparatchik. It’s sad.

By settling with Trump, ABC is following in the path of other corporate titans, a number of whom have donated $1 million apiece to Trump’s inauguration festivities. The donors include Facebook CEO Mark Zuckerberg, OpenAI CEO Sam Altman and Amazon founder Jeff Bezos, who owns The Washington Post.

Under the 1964 Supreme Court ruling of Times v. Sullivan and subsequent refinements, public officials and public figures like Trump need to show that statements they find harmful are false, defamatory and made with actual malice — that is, with knowing falsehood or with reckless disregard for the truth — in order to win a libel suit.

What Stephanopoulos said arguably wasn’t even false, and surely it didn’t amount to actual malice. A deep-pockets defendant like Disney ought to stand up for the First Amendment lest its cowardly capitulation to Trump harm other media outlets without the wherewithal to fight back.

Coming at a time when two of the Supreme Court’s justices, Clarence Thomas and Neil Gorsuch, have publicly signaled that they would like to weaken Times v. Sullivan, ABC’s behavior is shockingly irresponsible.

Local paper to close

Now for the local case. On several occasions I’ve written about an explosive libel suit brought against the weekly Everett Leader Herald by that city’s mayor, Carlo DeMaria.

Unlike the matter of Trump and ABC, you will not find a clearer example of actual malice, as Leader Herald publisher and editor Joshua Resnek testified in a deposition that he’d made up facts and quotes in a campaign aimed at impugning DeMaria’s integrity. That news was broken in January 2023 by Boston magazine’s Gretchen Voss. Indeed, eight months later, Middlesex Superior Court Judge William Bloomer froze assets belonging to Resnek and one of the paper’s owners, Matthew Philbin, because he believed DeMaria was likely to win his case.

The denouement came Sunday when The Boston Globe reported that the suit would be settled for $1.1 million and that the Leader Herald would be shut down as part of the settlement. Globe reporter Maddie Khaw writes:

Resnek, who writes and edits most of the Leader Herald’s articles, has frequently used the nickname “Kickback Carlo” to refer to DeMaria, a moniker representing Resnek’s claims that DeMaria had received illegal payments in real estate deals.

Records show that Resnek has admitted to knowingly reporting falsehoods and fabricating quotes.

“Mr. Resnek wrote what he wrote because he believed Mr. DeMaria was bad for the City of Everett and he was motivated by the fanciful notion that he could bring about Mr. DeMaria’s defeat in the [2021] election for Mayor,” the defendants’ lawyers wrote in court documents.

In fact, DeMaria was re-elected in 2021.

DeMaria and his lawyers will hold a news conference later today. Meanwhile, there is nothing up at the Leader Herald’s website about the settlement, which features several stories that were posted  as recently as this month.

Incredibly, Everett is also the home of two other weekly newspapers, the Everett Independent and the Everett Advocate, both of which are part of small, locally owned chains; neither of them has anything on the settlement, either.

Yes, Bezos congratulated Biden in 2020; plus, liberals flee from Twitter to Threads — to Bluesky?

Jeff Bezos. Painting (cc) 2017 by thierry ehrmann.

Amazon billionaire and Washington Post owner Jeff Bezos raised eyebrows, and hackles, when he logged on to Twitter/X on Wednesday and posted a congratulatory note to Donald Trump:

Big congratulations to our 45th and now 47th President on an extraordinary political comeback and decisive victory. No nation has bigger opportunities. Wishing @realDonaldTrump all success in leading and uniting the America we all love.

The tweet immediately angered Trump critics, who were quick to point out that it came shortly after Bezos killed a Post endorsement of Kamala Harris that had been already written and was ready to go. Bezos claimed that decision was nothing more than a reflection of his belief that the paper should stop endorsing candidates, but the timing was suspicious, to say the least.

It didn’t help that Bezos failed to offer similar congratulations on Twitter to Joe Biden in 2020. One Twitter user, @WhiteHouseAMA, pulled up Bezos’ 2016 congrats to Trump and commented: “Jeff tweeted congratulations to Trump in 2016 and 2024. No tweet exists for Biden in 2020. He didn’t kill the WaPo endorsement of Harris because he wanted to be non-partisan, he did it because he is a partisan.

But wait.

Writing in Newsweek, Alex Gonzales reported that Bezos did, in fact, congratulate Biden in 2020, except that he did it on Instagram rather than Twitter — and he did so rather fulsomely: “Unity, empathy, and decency are not characteristics of a bygone era. Congratulations President-elect @JoeBiden and Vice President-elect @KamalaHarris. By voting in record numbers, the American people proved again that our democracy is strong.” The message is accompanied by a black-and-white photo of Biden and Harris celebrating.

Newsweek added the Instagram update in a correction, showing how widely it was believed that Bezos had not congratulated Biden four years ago.

The immediate outrage among anti-Trump forces demonstrates the impossible dilemma that Washington Post journalists now face in proving to their audience that they remain independent. Though Bezos was within his rights to cancel the Harris endorsement, it was an unspeakably bad look for him to do so in the final days of the campaign, making it seem like he was truckling under in the event of a Trump victory — which now, of course, has come to pass.

It hasn’t helped that the cancellation followed months of controversy over the Post’s ethically challenged publisher, Will Lewis. If Trump is the first convicted felon to be elected president, then surely Lewis is the first Post publisher to be under investigation by Scotland Yard. I continue to trust the independence of the Post’s newsroom, but I’m watching for any signs that I shouldn’t.

Meanwhile, Meta chief executive Mark Zuckerberg took to Threads on Wednesday to offer his own cheery greetings to Trump, writing, “Congratulations to President Trump on a decisive victory. We have great opportunities ahead of us as a country. Looking forward to working with you and your administration.”

Threads is just one of the many platforms Zuckerberg controls; the most prominent are Facebook and Instagram. Threads has also been by far the most successful of the would-be alternatives to Twitter that sprang up after Trump uber-influencer Elon Musk, the world’s richest person, acquired it and started taking a wrecking ball to it in late 2022.

Threads has proved to be especially popular with liberals fleeing the extreme right-wingers and white nationalists whom Musk enabled on Twitter. And yet Adam Mosseri, the Meta executive who runs Threads and Instagram, has gone out of his way to play down political news in Threads’ algorithm, leading to frustration and anger among a number of users. Messages have been removed for no reason, too, as Washington Post technology reporter Will Oremus has noted.

Even before Zuckerberg’s congratulatory post, some Threads users were leaving and setting up shop on Bluesky, the most prominent short-form platform after Twitter and Threads. Bluesky is owned by a public-benefit corporation and as such is not subject to the whims of a billionaire owner. It also has much better personalization tools than either Twitter or Threads.

Bluesky, though, has only a fraction of the users that its larger rivals have — about 12 million total versus more than 600 million active monthly users at Twitter and 175 million at Threads. Personally, I’m trying to give equal attention to Threads and Bluesky, but it’s hard to know whether Bluesky will ever break through.

After all, it’s a billionaires’ world, and we’re just living in it.

Mark Zuckerberg bends the knee in a groveling letter over COVID and Hunter Biden’s laptop

Mark Zuckerberg.. Photo (cc) 2016 by Alessio Jacona

Mark Zuckerberg has regrets. In a letter to U.S. Rep. Jim Jordan, the right-wing Republican chair of the House Judiciary Committee, Zuckerman said he never should have allowed the Biden administration to pressure Meta into removing misinformation and disinformation about COVID-19, because we all would have been so much better off if we could more readily access conspiracy theories about the hazards of masking and the benefits of horse tranquilizer.

“I feel strongly that we should not compromise our content standards due to pressure from any administration in either direction — and we’re ready to push back if something like this happens again,” Zuckerberg wrote. The Wall Street Journal’s Siobhan Hughes (free link) reports on Zuckerberg’s letter.

Here’s some analysis from Adam Clark Estes in Vox:

It’s interesting that Zuckerberg decided to dive into the free speech snake pit this week. It’s also not surprising that Republicans, who have been on a book-banning spree at schools nationwide, are propping up old facts as if they were new revelations in their ongoing quest to blame Democrats for censorship. It’s election season, and questioning reality is part of the fun.

As we enter the final two months before the election, there are fewer guardrails for misinformation in place on major social media platforms, and writing a letter about the Biden administration and censorship, Zuckerberg seems to be throwing Republicans a political grenade, something that can fire up the base and use to get mad about Democrats. In reality, though, Zuckerberg is probably just trying to keep his company out of more hot water and to continue revamping his own public image.

Zuckerberg’s abject obsequiousness comes at an interesting time. Ever since Elon Musk bought Twitter in the late 2022, Zuckerberg has tried to come across as the good guy, launching Threads to compete with Twitter and marketing it as the nice alternative to the dark forces of neo-Nazism and racism that Musk has indulged in and has promoted himself.

Now comes a reminder, as if one were needed, that it’s probably not a good idea to choose your social media platform on the basis of which billionaire owner is less evil. Is Musk worse? On balance, yes. But Zuckerberg is the sort of mogul who won’t spend one cent on improving trust and safety if it means fewer profits. And lest we forget, his track record includes passively allowing Facebook’s algorithms to promote atrocities in Myanmar against the Rohingya people, as documented by Amnesty International.

Zuckerberg’s letter also expressed regret for temporarily demoting a New York Post story about Hunter Biden’s laptop in the closing days of the 2020 presidential campaign, which has become a crusade on the Trumpist right. But though it’s become an article of faith that the laptop was later authenticated, that’s not entirely true. It took a year and a half of hard work for The Washington Post to authenticate some of the emails on the laptop’s hard drive, and most of them remain unverified. Moreover, none of the verified emails tied Hunter’s business dealings to his father, President Biden.

Finally, Zuckerberg promised not to help with local election infrastructure anymore because “some people believe this work benefited one party over the other,” even though Zuckerberg himself said the data he’s seen shows that’s not true. So score another win for what Hillary Clinton once accurately called the “vast right-wing conspiracy.”

Earlier this summer, the U.S. Supreme Court rejected a claim that the Biden administration’s pressure campaign to convince social media companies that they should remove certain content was a violation of the First Amendment, which was surely a relief to every elected official who’s ever picked up the phone and yelled at a reporter.

But it looks like the right is having its way regardless given that what is by far the largest and most influential tech platform — the operator of Facebook, Instagram, Threads and WhatsApp — has now caved.

From here to eternity: How Murdoch plans to maintain Fox as a right-wing force

Photo (cc) 2019 by ajay_suresh

If there has been one consolation about Fox News’ ongoing subversion of our political discourse — and even of democracy itself — it has been the near-certainty that 93-year-old Rupert Murdoch does not actually have a pact with the Lord of the Underworld and will at some point depart this vale of tears. His rabidly right-wing son Lachlan Murdoch, who Rupe put in charge a few years ago, is outnumbered by three of his siblings, and they reportedly have more moderate views.

Now that is in danger. On Wednesday, The New York Times published a deep dive (free link) into legal steps Murdoch is taking that are aimed at ensuring Lachlan’s continued reign after Rupert himself has departed the scene. Reporters Jim Rutenberg and Jonathan Mahler write that the old man is seeking to rewrite the terms of a trust that specifies four of his many children will share equal control of his media empire:

The trust currently hands control of the family business to the four oldest children when Mr. Murdoch dies. But he is arguing in court that only by empowering Lachlan to run the company without interference from his more politically moderate siblings can he preserve its conservative editorial bent, and thus protect its commercial value for all his heirs.

The toxic effects of a ruling in Rupert’s favor can’t be exaggerated. We in the media like to focus on how Mark Zuckerberg has profited by allowing Facebook to be weaponized by shadowy, malignant forces and how Elon Musk has transformed the cesspool that was Twitter into a far worse place that indulges far-right extremists and conspiracy theorists like, well, himself.

But Fox News is without question the single most influential player on the right, flagrantly promoting lies of omission and commission, including the Big Lie that the 2020 presidential election was somehow stolen from Donald Trump. Fox had to pay a $787 million settlement to the Dominion voting machine company for deliberately lying that Dominion had switched votes from Trump to Joe Biden. But other than firing its biggest star, Tucker Carlson, for reasons that have never been fully explained, Fox has continued on its lying, hate-mongering way.

It’s disheartening to think that this might continue long after Rupert Murdoch’s departure.

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A lawsuit aims to let Facebook users turn off the News Feed

Mark Zuckerberg, defender of the algorithm. Photo (cc) 2016 by Alessio Jacona.

Imagine that you could log onto Facebook and not be exposed to that infernal, endlessly scrolling News Feed. Imagine, instead, that you could visit your friends and groups as you wished, without any algorithms to determine what you get exposed to. That’s what Facebook was like in the early days — and it’s what it could be like again if a lawsuit filed by longtime internet activist and researcher Ethan Zuckerman succeeds.

Zuckerman has developed a tool called Unfollow Everything 2.0, which would allow users to unfollow their friends, groups and pages. This wouldn’t change who you’re friends with, which means that you’d have no problem checking in with them manually; you can, of course, do that now as well. No longer, though, would everything be served up to you automatically, non-chronologically and bogged down with a ton of crap you didn’t ask for.

So why is Zuckerman suing? Because, several years ago, a Brit named Louis Barclay developed the original Unfollow Everything. Mark Zuckerberg and company threatened to sue him if he didn’t take it down and permanently threw him off Facebook and Instagram. Barclay wrote about his experience on Slate:

I still remember the feeling of unfollowing everything for the first time. It was near-miraculous. I had lost nothing, since I could still see my favorite friends and groups by going to them directly. But I had gained a staggering amount of control. I was no longer tempted to scroll down an infinite feed of content. The time I spent on Facebook decreased dramatically. Overnight, my Facebook addiction became manageable.

Zuckerman is claiming that Section 230, a federal law that’s normally used to protect internet publishers like Meta from legal liability with regard to the content their users post, also protects developers of third-party tools such as Unfollow Everything.

“I’m suing Facebook to make it better,” Zuckerman, an associate professor at UMass Amherst, said in a press release. “The major social media companies have too much control over what content their users see and don’t see. We’re bringing this lawsuit to give people more control over their social media experience and data and to expand knowledge about how platforms shape public discourse.”

Zuckerman is being represented by the Knight First Amendment Institute at Columbia University.

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The real problem with Facebook; or, taking a stroll down Indian Dick Road

Facebook now allows you to post a link to a story in the Kansas Reflector that was critical of Facebook. I tested it a little while ago. As I wrote the other day, I assumed it was initially blocked not because of the actual content of the story. I offered one data point — a Johnny Cash lyric I posted a few years ago that got me in trouble, apparently because it makes reference to guns and murder. Here are two more.

First, the Reflector story that got blocked is about a climate-mitigation program called Hot Times in the Heartland. Whoa! Sounds like some kinky stuff going on in the wheat fields.

Second, one of the worst stories about Facebook censorship I’ve heard involved The Mendocino Voice. I wrote about it in our book, “What Works in Community News.” It seems that the Voice had used Facebook to pass along an important announcement from the sheriff’s office about a wildfire evacuation route. It got taken down, though it was quickly restored when the Voice howled. No explanation was ever offered, but Adrian Fernandez Baumann, the Voice’s co-founder, observed that the post included a reference to Indian Dick Road.

The real problem with Facebook — and other Meta products, like Instagram and Threads — is that Mark Zuckerberg and company refuse to invest a single penny beyond what is absolutely necessary to create a better product. Everything is automated, robo-censors control our lives, and complaining is only occasionally successful.

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