Jim Jordan & Elon Musk Suppressed Speech; Don’t Let Them Pretend It’s A Win For Free Speech

from the that's-the-opposite-of-free-speech dept

Up is down, left is right, day is night. And now, to Jim Jordan and Elon Musk, clear, direct government censorship is, apparently, “free speech.”

This isn’t a huge surprise, but on Thursday, the World Federation of Advertising shut down GARM, the Global Alliance for Responsible Media, in response to legal threats from ExTwitter and Rumble, and a bullshit Congressional investigation led by Jim Jordan.

As we have detailed, GARM was setup following the mosque shootings in New Zealand, which was livestreamed. Brand advertisers were accused (arguably unfairly) of profiting off of such things, so they put together this alliance to share information about best practices on social media advertising for brand safety.

GARM was specifically a way for advertisers to set up those best practices, share them with each other, but also to share them with social media sites, to say “hey, this is the kind of trust & safety processes we expect if we’re going to advertise.”

I disagreed with GARM about lots of things, but in a free market, where there is free speech, they should absolutely be allowed to create best practices and to talk with platforms and advertisers and advocate for better trust & safety practices in order for brands to feel safe that their ads won’t show up next to dangerous content.

All of it was entirely voluntary. Advertisers didn’t have to abide by the standards, nor did platforms. This was literally just part of the marketplace of ideas. Some advertisers advocated for efforts to be made to protect their brand safety, and some platforms agreed while others, like Rumble, did not.

All GARM was at its core was advertisers using their own freedom of expression and rights of association to try to put some pressure on platforms to be better stewards, so that advertisers weren’t putting their brands at risk. You can (perhaps reasonably!) argue that they pushed too hard, or some of their requests were unreasonable, but it’s their free speech rights.

As we’ve detailed over the last month, ExTwitter had regularly used GARM’s standards to try to convince advertisers they were “safe” and officially “excitedly” rejoined GARM as a member just last month. A few days later, Jim Jordan’s House Judiciary Committee released a blisteringly stupid and misleading report, falsely claiming that GARM was engaged in antitrust-violating collusion to punish conservative media. None of that was ever true.

However, Elon announced that he would be suing GARM and hoped that criminal charges would be filed against GARM, perhaps not realizing his own organization had rejoined GARM a week earlier and touted that relationship in its effort to attract advertisers. Earlier this week, he carried through on that plan and sued GARM for alleged antitrust violations.

The lawsuit is absolutely ridiculous. It assumes that because GARM, at times, criticized Elon’s handling of trust & safety issues, that was a form of collusion that abused its monopoly position to get advertisers to stop advertising on ExTwitter.

It is one of the most entitled, spoiled brat kind of lawsuits you’ll ever see. Not only does it seem to suggest that not advertising on ExTwitter is an antitrust violation, it assumes that the only reason that advertisers would remove their ads from the site was not due to any actions by the company or Elon, but rather that it must be because GARM organized a boycott (which, notably, none of the evidence shows they did). One thing is quite clear from all this: Elon seems incapable of recognizing that the consequences of his own actions fall on him. He insists it must be everyone else’s fault.

Indeed, the sense of entitlement shines through from those involved in this whole process.

For example, Rumble’s CEO Chris Pavlovski more or less admitted that if you turn him down when he asks companies to advertise, you would now get sued. The sheer, unadulterated entitlement on display here is incredible:

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Rumble had sued GARM alongside ExTwitter, using some of the same lawyers that Elon did. When tweeting out the details to prove that these advertisers should be added to his lawsuit, Pavlovski only showed perfectly friendly emails from companies saying “hey, look, advertising on your site won’t be good for our reputation, sorry.”

Image

That’s not illegal. It’s not collusion. It’s the marketplace of ideas saying “hey, we don’t want to associate with you.” But, according to Rumble, that alone deserves a lawsuit.

Anyway, the World Federation of Advertisers has apparently given in to this lawfare from Elon and Jim Jordan and announced on Thursday that they were shutting down GARM because of all of this.

In other words, Elon, Jordan, and others have used the power of the state, both in the form of lawsuits and congressional investigations, to browbeat advertisers into no longer speaking up about ways to keep social media sites safe for their brands.

This is the exact opposite of free speech. It’s literally using the power of the state to shut up companies which were expressing views that Elon and Jordan didn’t like.

And, so, of course, they and their fans are celebrating this state-backed censorship as a “win for free speech.” It’s ridiculously Orwellian.

Image

This is not a “win” for the First Amendment in any way. It is, in every way, the opposite. The House Judiciary Committee, under Jim Jordan, abused the power of the state to shut up companies from talking about which sites they felt were safe for brands or what those sites could do to be better.

And, of course, a bunch of other very foolish people repeated more of this kind of nonsense, including some of MAGA’s favorite journalists, who pretend to support free speech. Ben Shapiro called it an “important win for free speech principles,” which is just disconnected from reality.

Linda Yaccarino claims it proves that “no small group should be able to monopolize what gets monetized.” This makes no sense at all. No small group monopolized anything. They just tried to put in place some basic best practices to protect their brands and no one had to agree with them at all (and many didn’t).

And if Linda or Elon thinks this will magically make advertisers want to come back to ExTwitter, they’re even more delusional than I thought. Who would ever want to advertise on a platform that sued advertisers for leaving?

Filed Under: , , , , , , , , ,
Companies: garm, rumble, twitter, wfa, world federation of advertisers, x

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Comments on “Jim Jordan & Elon Musk Suppressed Speech; Don’t Let Them Pretend It’s A Win For Free Speech”

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159 Comments
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That One Guy (profile) says:

Re: 'I can't get rid of them, they're my biggest supporters here!'

Elon’s problem(in this case anyway) isn’t so much advertisers being ‘vague’ about what content they don’t want their brands to be associated with, it’s that whatever list they provide will be filled with people and content that Elon agrees with and/or supports.

That One Guy (profile) says:

Re: Re: Re:3 'Here's our list of objectionable content. Here's a list of it on your site. Your move.'

Which I suppose might work so long as they don’t call his bluff and publicly post a non-exhaustive list of content they don’t want to have their brands associated with, along with a good selection of examples of just that sort of content on the platform.

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31Bob (profile) says:

Gym Jordan is a pedophile protector, and a liar. In fact, the only person I can even think of that lies more is Donnie Two-Scoops, so even at his best, Gym is 2nd place.

The man is a stain on congress and the people that voted for him, repeatedly, should never be allowed to vote again.
They don’t value the privilege. To them, it’s just another way to throw shit at everyone’s wall.

Tanner Andrews (profile) says:

Re: Re: more convenientg that way

unban an account that had posted CSAM

Assuming always that the user posted using the appropriate “#CSAM” tag in his post, that would probably be convenient. I imagine that some three-letter agencies are regularly scanning for that, either for law enforcement purposes or to examine it more carefully as they place it in the agents’ personal collections.

I expect the really noteworthy material also winds up indexed and archived in Bumblehive (https://nsa.gov1.info/utah-data-center/) for inter-agency data sharing.

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Anonymous Coward says:

Re:

Meanwhile, you are blinded by your irrational clinging to a fascist ideology that has proven, time and again, that not only hate you, but are also more than willing to betray the nation that you live in in order to establish a fascist state led by the ememies of the nation.

While you may think this form of petty harassment may earn you a favor, it will not.

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Anonymous Coward says:

I don’t think this theory of “brand safety” makes sense. No large platform platforms, say, a shooting specifically because they can run an ad on it.

You can also trace it further back to, say, Elsagate in 2017 when folks were offended because YouTube Kids had more mature content on it, and you know what, if someone wants to make that argument then fine. An advertising cartel isn’t really the answer to that though, nor is it appropriate.

We as a society can talk through issues like this without a house brand which sells soap reckoning that they know better on moderation issues. We can also do moderation for normal sites, not tailored specifically to kids, without adding padding to everything.

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Anonymous Coward says:

Re:

I don’t think this theory of “brand safety” makes sense.

And yet plenty of advertises subscribed to it. Even if they are wrong, telling (using governmental power) them they can’t talk about their view is… Ethically reprehensible. And a violation of the First Amendment.

An advertising cartel isn’t really the answer to that though, nor is it appropriate.

Sure. But GARM was not a cartel. There was no coercion. No “price regulation”. No “forcing out of business” (unless you count people not wanting to do business with you… but in that case you would be an entitled asshole, or a thief).

We as a society can talk through issues like this without a house brand which sells soap reckoning that they know better on moderation issues. We can also do moderation for normal sites, not tailored specifically to kids, without adding padding to everything.

Does “best practices” not mean anything to you? There was no direct control of moderation. Just standards and best practices so the advertises (the ones that valued the standards and practice GARM suggested) could field comfortable advertising there.

This comment has been deemed insightful by the community.
Anonymous Coward says:

Re:

This isn’t about moderation, though. It’s about advertising. This is about companies realizing that advertising alongside polarizing content is going to lose them customers, because their brand is going to be associated with that content.

These companies don’t want to offend potential customer bases. And that’s a perfectly reasonable business decision. Not to mention well within their rights of freedom of association.

This comment has been deemed insightful by the community.
Anonymous Coward says:

Re:

The first thing Elon did with ExTwit was unban prominent Nazis and pedos. There’s a big difference between an intentional Pedo Nazi bar and a bar whose premises are occasionally frequented by pedos and Nazis who manage to hide in the crowd.

Your false equivalence is bad, and you should feel bad.

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NotTheMomma (profile) says:

Elon: FREE SPEACH FOR EVERYONE!!!

Christian Nationalists: About time!
Clueless Rednecks: YAS!
Armchair Quarterbacks: Finally! A home!

Advertisers: We really don’t want to be advertising around hate and such.

Elon: You still need to pay me to advertise else its not free speach!

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That One Guy (profile) says:

No-one these days should NEED the reminder, but...

The more conservatives show what they mean when they talk about ‘free speech’ and ‘the free market’ the more they remind people how much they absolutely loathe both those concepts and wish to see them destroyed.

Say something I don’t like? Silenced, only my side is allowed unfettered, consequence-free speech!

Run your business in a way that doesn’t give me money? Sued! The free market is only allowed to remain ‘free’ so long as it caters exclusively to conservatives!

JMT (profile) says:

Re:

The more conservatives show what they mean when they talk about ‘free speech’ and ‘the free market’ the more they remind people how much they absolutely loathe both those concepts and wish to see them destroyed.

Free speech and the free market are completely at odds with right wing authoritarianism, but wannabe authoritarians absolutely know the benefits of espousing those concepts to dupe their followers into empowering them, knowing full well they have no intention of actually enacting free speech and the free market policies. Their greatest failing is frequently saying the quiet part out loud.

That One Guy (profile) says:

Re: Re: If their followers were smarter they wouldn't be their followers

Their greatest failing is frequently saying the quiet part out loud.

Eh, in their shoes I wouldn’t feel overly worried about letting the truth slip once in while, all they need to do is throw out a few ‘The boogieman is coming to get you and the only one who can save you is us!’ fearmongering screeds, bigotry reinforcement messages and/or assurances that the Real ‘Muricans won’t have anything to worry about a little managed democracy/market/free speech and their followers will quiet back down.

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Anonymous Coward says:

Re: Re: Re:2

Is this the website where dummies that think they’re smart go?

You came here in that belief apparently, then you proved to everyone how stupid you are.

Is this the dunning Kruger effect page or something?

Yes, it demonstrates how stupid people like you think they are smart.

Sorry boys , didn’t mean to invade your safe space, I’ll be leaving now.

No you wont, because you are stupid enough to keep wasting time here in the belief that what you say is intelligent. So far everything you have said rates below “edgy teenager say stupid things”, you have yet to reach “childish tantrum” though.

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Anonymous Coward says:

Re:

Lawsuits are expensive. It doesn’t matter if you’re in the right; if fighting off a lawsuit costs you more than you’re taking in (such as if you’re a nonprofit), then you need to either back down or reduce costs elsewhere (such as by shutting down part of your organization). I’m an admin on a web forum that essentially runs on a shoestring budget. If Musk filed a SLAPP suit against us, we’d probably have to back down just because we wouldn’t be able to afford decent legal representation unless we find someone willing to do the work pro bono.

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Anonymous Coward says:

Re: Re: Re:3

Yes, it is. Y’all use “woke” in place of the n-slur and the f-slur. Y’all use “WEF” and “globalism” in place of “Jews.” Shit’s been going on for years, stemming from Alex Jones and the like. You’re a fucking liar.

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Anonymous Coward says:

Re: Re: Re:4

You completely made that up in your own head but, I believe that you do believe that, and that’s why you’re so monumentally incorrect and you’ll probably never see that you’re actually blinded by your own hatred, I pity you really but I’d still help you on the side of the road if you needed it.

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Anonymous Coward says:

Re: Re: Re:2

This forum is so hilarious, it’s chock full of pretentious goof balls that somehow got the belief that they’re smarter than everyone else. First time to this forum and just look at it, all of you lefty’s are filled with hate and anger yet say that it’s the other guys, it’s insanity over here….maybe I’ll stick around awhile

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Anonymous Coward says:

Re: Re: Re:3

It’s your first time here and you say everyone here are pretentious goof-balls?

Well, I’m sure your mighty galaxy-brain have managed to form an opinion of everyone here on your first visit by reading everything.

The rest of us who live in reality knows that is not how things work, instead we realize that you so far haven’t managed to say one intelligent thing proving that you are an idiot.

You can of course prove us wrong by saying something intelligent. Perhaps you should ask ChatGPT to help you with that or something, it would at least be a step up from your “contributions” so far.

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Anonymous Coward says:

Re: Re: Re:2

Never believe that anti-Semites are completely unaware of the absurdity of their replies. They know that their remarks are frivolous, open to challenge. But they are amusing themselves, for it is their adversary who is obliged to use words responsibly, since he believes in words. The anti-Semites have the right to play. They even like to play with discourse for, by giving ridiculous reasons, they discredit the seriousness of their interlocutors. They delight in acting in bad faith, since they seek not to persuade by sound argument but to intimidate and disconcert. If you press them too closely, they will abruptly fall silent, loftily indicating by some phrase that the time for argument is past.

Anonymous Coward says:

Re: Re: Re:

Also GARM may be non profit but they are backed by the WEF and that’s very suspicious.

GARM was backed by WFA, the World Federation of Advertisers, which is not, actually, WEF, the World Economic Forum.

I understand that MAGA fools may not be able to comprehend complex topics like this, but really…

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Anonymous Coward says:

Re: Re: Re:

Because it still costs a lot of money to mount a legal defense, and in a SLAPP suit, the plaintiff’s objective is to drag things out for as long as possible to make the experience as unpleasant and expensive as possible for the defendant. The plaintiff abuses the letter of the law to violate its spirit.

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Anonymous Coward says:

Re:

Imo, GARM isn’t much different than the so called fact checking websites.

They aren’t different, huh?

They pretty much target one side and not the other.

You know, if you just thought this through before writing the above you would have realized something about facts.

GARM though hasn’t been indicted on anything and haven’t had to pay out on any lawsuits yet that I’m aware, so if they’ve done nothing wrong then why shutdown?

If a billionaire sues you, how much money would it cost you to contest that and are you willing to spend all that money when it’s likely you’ll loose because the billionaire can pay for more and better lawyers?

The truth is, these days when it comes to civil cases who’s right and who’s wrong is to a large degree decided by which party has the deepest pockets.

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Anonymous Coward says:

Re: Re: Re:

There are people out there that are so naïve and has zero actual understanding of todays political and societal landscape which makes them believe in the “both sides” argument which results in them saying incredible stupid shit. Just consider that we have people, in good faith, saying for example that “if just Ukraine met Russia’s demands the war would be over”.

These are the useful idiots the bad faith peddlers, fanatics, grifters and fascists really like.

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JMT (profile) says:

Re:

Imo, GARM isn’t much different than the so called fact checking websites.

If you mean constitutionally-protected speech, then yes.

They pretty much target one side and not the other.

If you mean the ‘side’ that posts content that is likely to create negative brand association, then also yes.

GARM though hasn’t been indicted on anything and haven’t had to pay out on any lawsuits yet that I’m aware, so if they’ve done nothing wrong then why shutdown?

Genuine question: If you believed you’d done nothing wrong but were threatened with a lawsuit that would cost you an amount of money you had no chance of affording whether you win or lose, what would you do.

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Anonymous Coward says:

So am I to believe that the side that loves America and the constitution actually wants censorship despite their love for the first amendment, and the side that hates America and the constitution is pro free speech now? Is that really what’s trying to be sold here? Do you guys have to check in everyday to find out what your supposed reality will be for the day?

Anonymous Coward says:

Re:

So am I to believe that the side that loves America and the constitution actually wants censorship despite their love for the first amendment, and the side that hates America and the constitution is pro free speech now?

No. We just want Musk to voluntarily STFU since he clearly hates America and the First Amendment and wants freedom of reach rather than freedom of speech.

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Anonymous Coward says:

GARM: Your honor, Elon told us to fuck off so we fucked off.

Judge: Elon is this true?

Elon: Nope, never happened.

GARM: Judge, here is a video of him saying just that.

Judge: So, Elon told you to fuck off and once you fucked off he decided to sue you for fucking off?

GARM: Exactly.

Judge: Case dismissed.

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bobqoq says:

Re:

Totally agree with how easily the case should be dismissed.

Only problem is paying the legal fees, time, and drain on your life to get to that dismissal.

Because of where the case was going to be held, immediate dismissal wasn’t guaranteed and you wouldn’t get paid back for the costs by the idiot that did the slapp suit in the first place.

That One Guy (profile) says:

Re: Oh that's easy, violation of the 'I'm a conservative so you MUST give me money' law

Yeah, Elon seems to have employed some underwear gnome logic in his thinking here.

Step 1) Sue the organization that puts out suggested best practices for content that your site blatantly ignores, content that advertisers who belong to the organization already don’t want to be associated with.

Step 2) Cause the organization to shut down due to being SLAPP’d.

Step 3)

Step 4) Profit!

That One Guy (profile) says:

Re: Re: Re: 'Either you advertise here and destroy your brand or I'll... sue you over it!'

That’s basically a given with Elon, but I suspect a big part of this particular tantrum is due to his lack of experience with people telling him ‘no’ and being able to stick to their guns when pressed.

It would be one thing if he was threatening the companies in question in a way that they stood to lose money should they not fold to his thuggery, but he’s basically throwing a fit that they aren’t jumping on board with tanking their own brands/reputations by advertising on his cesspit of a site.

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