In the weeks after the Jan. 6 attack on the U.S. Capitol, activists gathered outside the Houston home of Sen. Ted Cruz to protest his refusal to certify President Biden’s election victory — as well as his decision to jet off to Cancún on vacation during a deadly local storm.
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Biden, Cruz, Trump all lobbied social media as Supreme Court hears case
As images of the protesters rippled across Twitter (now X), Cruz’s team called and texted people in Twitter’s D.C. office, insisting that some of their posts violated his safety and demanding that they be removed, according to people familiar with the matter who spoke on the condition of anonymity to discuss private deliberations.
“We would hear very frequently from [Cruz’s] office,” said one former employee. “They were one of the more frequent congressional offices to complain.”
A spokesman for Cruz, Darin Miller, told The Washington Post on Sunday that “safety threats against Sen. Cruz and his family are well documented, and his office has asked them to avoid doxing his home address — as The Post does in the picture accompanying this article.”
For years, politicians such as Cruz (R-Tex.) have tapped private contacts at social media firms to influence a range of decisions, from deleting a specific post to changing policies around hate speech, voter suppression and public health misinformation, according to more than a dozen people familiar with the tech companies’ operations, many of whom spoke on the condition of anonymity to discuss internal matters.
The practice has become so routine it even has a nickname — “jawboning” — and tech companies have responded by establishing internal systems to ensure that influential users receive prompt responses, the people said. The complex rules also help guard against such requests having undue influence, the people said.
Now, the Supreme Court is set to decide whether politicians’ attempts to influence the tech giants violate the First Amendment, defining for the first time the constitutional bounds of the practice. On Monday, Supreme Court justices are scheduled to hear oral arguments in Murthy v. Missouri, a landmark case that could define the future of free speech on social media.
The case was initiated by Republican attorneys general in Louisiana and Missouri, who sued the Biden administration, alleging its communications with platforms urging the removal of posts containing misinformation about the pandemic and elections amounted to illegal censorship. The Justice Department is defending the Biden administration, arguing that the Constitution permits the use of the bully pulpit to protect the public.
“This case has potential to really reshape the rules of the road here,” said Daphne Keller, who directs the program on platform regulation at Stanford’s Cyber Policy Center and is a former associate general counsel for Google. “It’s the fundamental question of how we govern what speech is and isn’t allowed on platforms and what information they’re allowed to use.”
While the case focuses on the Biden administration, politicians from both parties frequently leverage relationships to try to remove unfavorable posts, the people said. In one instance, the office of former House speaker John A. Boehner, a Republican from Ohio, asked Twitter to remove a post circulating his wife’s phone number. Twitter ultimately declined after staffers reviewed the tweets and found that Debbie Boehner, a real estate agent, advertised the number prominently on her own website, one of the people said. Neither Boehner nor Cruz responded to requests for comment.
Still, a legal movement has arisen to challenge what many conservatives allege is a vast liberal censorship regime. House Republicans led by Rep. Jim Jordan (Ohio) are investigating how tech companies handle requests from Biden administration officials, demanding thousands of documents from internet platforms. Conservative activists also have filed lawsuits and records requests for private correspondence between tech companies and academic researchers studying election- and health-related conspiracies.
“We have uncovered substantial evidence that the Biden administration directed and coerced Big Tech companies to censor Americans’ free speech,” Jordan spokeswoman Nadgey Louis-Charles said in a statement.
The legal campaign has blunted coordination as the 2024 election looms. Federal agencies have stopped sharing information with some social networks about foreign disinformation campaigns, shutting down a line of communications opened after revelations of Russian interference in the 2016 elections.
Tech industry executives and civil society groups say the case now before the Supreme Court requires a nuanced review, especially as the evolution of artificial intelligence presents new disinformation risks in a critical election year. Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University, which filed a brief in support of neither party, urged the court to clarify the constitutional line between coercion and persuasion.
“The government has no authority to threaten platforms into censoring protected speech, but it must have the ability to participate in public discourse so that it can effectively govern and inform the public of its view,” he said.
During the Obama administration, Facebook, Google and other tech juggernauts were the darlings of Washington. Silicon Valley employees would often weave in and out of Capitol Hill offices showing congressional staffers how to use their platforms. But in August 2014, a video of journalist James Foley being executed by ISIS circulated on YouTube, Twitter and other services — and the relationship grew complicated.
As ISIS increasingly used the tech platforms to recruit new members, Lisa Monaco, now deputy attorney general, and other Obama aides pushed companies to combat terrorist content. The companies complied, breaking with prior practices. After months of internal deliberation, Twitter announced a plan to fight violent extremism, removing accounts suspected to have ISIS ties. YouTube also invested in detecting and taking down terrorist videos.
Tech companies deepened their relationships with government and law enforcement following revelations of Russian interference, sharing findings on how foreign operatives, terrorists and extremists were using the internet to mislead people. When the pandemic hit and social media became a hot spot for conspiracies, public health officials kept social media companies updated on the latest developments.
As Washington policymakers increasingly scrutinized social media, they more frequently sought to influence the companies’ decisions.
“Both parties do it,” said Nu Wexler, a former congressional aide who also worked at Google, Meta and Twitter. “A lot of them are at war with political opponents on social media. They think their access to social media companies will help them get their opponents suspended.”
In response, tech companies developed systems to handle the deluge of requests. Meta lobbyists and staffers sent complaints about social media posts from politicians and other high-profile figures to an email alias for an expedited review. Meta declined to comment.
Before Elon Musk’s takeover, Twitter largely prohibited lobbyists or advertising reps — who might have connections to politicians — from deciding whether a tweet should be removed or left up. Instead, those employees would send those requests to the trust and safety team responsible for content moderation, the people said.
“I never felt pressured by the FBI or the White House because I wasn’t … dealing with them,” said Anika Collier Navaroli, a senior fellow at the Tow Center for Digital Journalism at Columbia University and a former senior Twitter policy official.
In 2021, as the Biden administration urged Americans to get the coronavirus vaccine, the White House and federal public health officials bickered with tech companies about how their actions might impact the push, according to documents publicly released through the Murthy v. Missouri case, House Republicans’ probe and X owner Elon Musk’s Twitter Files. The White House referred The Post to the Justice Department’s brief.
Soon after Inauguration Day in January 2021, then White House staffer Clarke Humphrey pressed Twitter to remove a tweet by anti-vaccine activist Robert F. Kennedy Jr. linking baseball player Hank Aaron’s death to coronavirus vaccines. The tweet remains up.
Former White House staffer Rob Flaherty questioned why Meta was hosting a video of conservative talk show host Tucker Carlson voicing skepticism about the vaccine. A Meta employee, whose name is redacted in court documents, responded that the post didn’t violate company rules and that the company had limited its spread. After the employee didn’t respond to a slew of follow-ups for two days, Flaherty shot back: “These questions weren’t rhetorical.”
These tense conversations appeared to have an impact on some company policies. In an email exchange, Meta global affairs president Nick Clegg questioned why Meta was removing claims that the coronavirus was “man made.”
“Because we were under pressure from the administration and others to do more,” a Meta employee responds, in the July 2021 exchange.
That same month, the White House said it was reviewing policies to hold tech companies responsible for misinformation, including amending tech companies’ prized legal shield, Section 230 — an idea Biden had floated as early as 2020. Humphrey and Flaherty did not respond to requests for comment.
These emails — along with thousands of messages between Biden administration officials and social media companies — are included in the record as part of the Supreme Court case, which argues that the White House, FBI, Centers for Disease Control and Prevention and other federal offices coerced social media companies into taking down users’ posts.
The state attorneys general argue these sometimes contentious conversations show federal officials violated the First Amendment, which prohibits the government from infringing on private speech or punishing people for expressing different views.
Justice Department lawyers say the exchanges show the federal government educating the tech platforms about posts they thought were causing “preventable deaths,” arguing that the companies were free to make their own decisions. They say the state attorneys general failed to show the government tied regulatory threats to specific content moderation decisions.
“There’s a very clear line between education and coercion. I think the question is where exactly do courts draw that line?” said Matt Perault, director of the Center on Technology Policy at the University of North Carolina at Chapel Hill and a former Meta policy official.
In July, a federal judge in Louisiana sided with the state attorneys general, issuing a sweeping injunction that limited how thousands of employees in a wide range of government departments and agencies can communicate with the tech companies. In September, the U.S. Court of Appeals for the 5th Circuit narrowed that order to the White House, the surgeon general’s office, the center and the FBI.
As the case heads to the Supreme Court, there are early indications of how some justices view these issues. In October, the three most conservative justices dissented when the majority temporarily allowed the Biden administration to resume communications with social media companies while the litigation continued.
Justice Samuel A. Alito Jr., joined by Justices Clarence Thomas and Neil M. Gorsuch, called the majority’s decision to block a lower-court ruling against the Biden administration “highly disturbing,” saying that “government censorship of private speech is antithetical to our democratic form of government.”
Perault and other experts said the Murthy v. Missouri case has convinced many in the tech industry of the need to establish clearer rules around government actors. One idea that’s gained traction is registering complaints from officials and politicians publicly.
Such openness might have been revelatory back in September 2019. That’s when the Trump White House asked Twitter to remove a tweet by celebrity Chrissy Teigen calling former president Donald Trump “a p—- a — b—-.” The company declined, said Navaroli.
“I think that there are genuine conversations that should be had about the role of the American First Amendment,” Navaroli said in an interview. But there is this “theory out there that social media companies were being coerced into taking down content. It’s literally just not been proved and the information that we have that’s out there has said the exact opposite.”
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What to stream this weekend: ‘Civil War,’ Snow Patrol, ‘How to Die Alone,’ ‘Tulsa King’ and ‘Uglies’
Hallmark launching a streaming service with two new original series, and Bill Skarsgård out for revenge in “Boy Kills World” are some of the new television, films, music and games headed to a device near you.
Also among the streaming offerings worth your time as selected by The Associated Press’ entertainment journalists: Alex Garland’s “Civil War” starring Kirsten Dunst, Natasha Rothwell’s heartfelt comedy for Hulu called “How to Die Alone” and Sylvester Stallone’s second season of “Tulsa King” debuts.
NEW MOVIES TO STREAM SEPT. 9-15
— Alex Garland’s “Civil War” is finally making its debut on MAX on Friday. The film stars Kirsten Dunst as a veteran photojournalist covering a violent war that’s divided America; She reluctantly allows an aspiring photographer, played by Cailee Spaeny, to tag along as she, an editor (Stephen McKinley Henderson) and a reporter (Wagner Moura) make the dangerous journey to Washington, D.C., to interview the president (Nick Offerman), a blustery, rising despot who has given himself a third term, taken to attacking his citizens and shut himself off from the press. In my review, I called it a bellowing and haunting experience; Smart and thought-provoking with great performances. It’s well worth a watch.
— Joey King stars in Netflix’s adaptation of Scott Westerfeld’s “Uglies,” about a future society in which everyone is required to have beautifying cosmetic surgery at age 16. Streaming on Friday, McG directed the film, in which King’s character inadvertently finds herself in the midst of an uprising against the status quo. “Outer Banks” star Chase Stokes plays King’s best friend.
— Bill Skarsgård is out for revenge against the woman (Famke Janssen) who killed his family in “Boy Kills World,” coming to Hulu on Friday. Moritz Mohr directed the ultra-violent film, of which Variety critic Owen Gleiberman wrote: “It’s a depraved vision, yet I got caught up in its kick-ass revenge-horror pizzazz, its disreputable commitment to what it was doing.”
NEW MUSIC TO STREAM SEPT. 9-15
— The year was 2006. Snow Patrol, the Northern Irish-Scottish alternative rock band, released an album, “Eyes Open,” producing the biggest hit of their career: “Chasing Cars.” A lot has happened in the time since — three, soon to be four quality full-length albums, to be exact. On Friday, the band will release “The Forest Is the Path,” their first new album in seven years. Anthemic pop-rock is the name of the game across songs of love and loss, like “All,”“The Beginning” and “This Is the Sound Of Your Voice.”
— For fans of raucous guitar music, Jordan Peele’s 2022 sci-fi thriller, “NOPE,” provided a surprising, if tiny, thrill. One of the leads, Emerald “Em” Haywood portrayed by Keke Palmer, rocks a Jesus Lizard shirt. (Also featured through the film: Rage Against the Machine, Wipers, Mr Bungle, Butthole Surfers and Earth band shirts.) The Austin noise rock band are a less than obvious pick, having been signed to the legendary Touch and Go Records and having stopped releasing new albums in 1998. That changes on Friday the 13th, when “Rack” arrives. And for those curious: The Jesus Lizard’s intensity never went away.
— AP Music Writer Maria Sherman
NEW SHOWS TO STREAM SEPT. 9-15
— Hallmark launched a streaming service called Hallmark+ on Tuesday with two new original series, the scripted drama “The Chicken Sisters” and unscripted series “Celebrations with Lacey Chabert.” If you’re a Hallmark holiday movies fan, you know Chabert. She’s starred in more than 30 of their films and many are holiday themed. Off camera, Chabert has a passion for throwing parties and entertaining. In “Celebrations,” deserving people are surprised with a bash in their honor — planned with Chabert’s help. “The Chicken Sisters” stars Schuyler Fisk, Wendie Malick and Lea Thompson in a show about employees at rival chicken restaurants in a small town. The eight-episode series is based on a novel of the same name.
— Natasha Rothwell of “Insecure” and “The White Lotus” fame created and stars in a new heartfelt comedy for Hulu called “How to Die Alone.” She plays Mel, a broke, go-along-to-get-along, single, airport employee who, after a near-death experience, makes the conscious decision to take risks and pursue her dreams. Rothwell has been working on the series for the past eight years and described it to The AP as “the most vulnerable piece of art I’ve ever put into the world.” Like Mel, Rothwell had to learn to bet on herself to make the show she wanted to make. “In the Venn diagram of me and Mel, there’s significant overlap,” said Rothwell. It premieres Friday on Hulu.
— Shailene Woodley, DeWanda Wise and Betty Gilpin star in a new drama for Starz called “Three Women,” about entrepreneur Sloane, homemaker Lina and student Maggie who are each stepping into their power and making life-changing decisions. They’re interviewed by a writer named Gia (Woodley.) The series is based on a 2019 best-selling book of the same name by Lisa Taddeo. “Three Women” premieres Friday on Starz.
— Sylvester Stallone’s second season of “Tulsa King” debuts Sunday on Paramount+. Stallone plays Dwight Manfredi, a mafia boss who was recently released from prison after serving 25 years. He’s sent to Tulsa to set up a new crime syndicate. The series is created by Taylor Sheridan of “Yellowstone” fame.
NEW VIDEO GAMES TO PLAY
— One thing about the title of Focus Entertainment’s Warhammer 40,000: Space Marine 2 — you know exactly what you’re in for. You are Demetrian Titus, a genetically enhanced brute sent into battle against the Tyranids, an insectoid species with an insatiable craving for human flesh. You have a rocket-powered suit of armor and an arsenal of ridiculous weapons like the “Chainsword,” the “Thunderhammer” and the “Melta Rifle,” so what could go wrong? Besides the squishy single-player mode, there are cooperative missions and six-vs.-six free-for-alls. You can suit up now on PlayStation 5, Xbox X/S or PC.
— Likewise, Wild Bastards isn’t exactly the kind of title that’s going to attract fans of, say, Animal Crossing. It’s another sci-fi shooter, but the protagonists are a gang of 13 varmints — aliens and androids included — who are on the run from the law. Each outlaw has a distinctive set of weapons and special powers: Sarge, for example, is a robot with horse genes, while Billy the Squid is … well, you get the idea. Australian studio Blue Manchu developed the 2019 cult hit Void Bastards, and this Wild-West-in-space spinoff has the same snarky humor and vibrant, neon-drenched cartoon look. Saddle up on PlayStation 5, Xbox X/S, Nintendo Switch or PC.
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Trump could cash out his DJT stock within weeks. Here’s what happens if he sells
Former President Donald Trump is on the brink of a significant financial decision that could have far-reaching implications for both his personal wealth and the future of his fledgling social media company, Trump Media & Technology Group (TMTG). As the lockup period on his shares in TMTG, which owns Truth Social, nears its end, Trump could soon be free to sell his substantial stake in the company. However, the potential payday, which makes up a large portion of his net worth, comes with considerable risks for Trump and his supporters.
Trump’s stake in TMTG comprises nearly 59% of the company, amounting to 114,750,000 shares. As of now, this holding is valued at approximately $2.6 billion. These shares are currently under a lockup agreement, a common feature of initial public offerings (IPOs), designed to prevent company insiders from immediately selling their shares and potentially destabilizing the stock. The lockup, which began after TMTG’s merger with a special purpose acquisition company (SPAC), is set to expire on September 25, though it could end earlier if certain conditions are met.
Should Trump decide to sell his shares after the lockup expires, the market could respond in unpredictable ways. The sale of a substantial number of shares by a major stakeholder like Trump could flood the market, potentially driving down the stock price. Daniel Bradley, a finance professor at the University of South Florida, suggests that the market might react negatively to such a large sale, particularly if there aren’t enough buyers to absorb the supply. This could lead to a sharp decline in the stock’s value, impacting both Trump’s personal wealth and the company’s market standing.
Moreover, Trump’s involvement in Truth Social has been a key driver of investor interest. The platform, marketed as a free speech alternative to mainstream social media, has attracted a loyal user base largely due to Trump’s presence. If Trump were to sell his stake, it might signal a lack of confidence in the company, potentially shaking investor confidence and further depressing the stock price.
Trump’s decision is also influenced by his ongoing legal battles, which have already cost him over $100 million in legal fees. Selling his shares could provide a significant financial boost, helping him cover these mounting expenses. However, this move could also have political ramifications, especially as he continues his bid for the Republican nomination in the 2024 presidential race.
Trump Media’s success is closely tied to Trump’s political fortunes. The company’s stock has shown volatility in response to developments in the presidential race, with Trump’s chances of winning having a direct impact on the stock’s value. If Trump sells his stake, it could be interpreted as a lack of confidence in his own political future, potentially undermining both his campaign and the company’s prospects.
Truth Social, the flagship product of TMTG, has faced challenges in generating traffic and advertising revenue, especially compared to established social media giants like X (formerly Twitter) and Facebook. Despite this, the company’s valuation has remained high, fueled by investor speculation on Trump’s political future. If Trump remains in the race and manages to secure the presidency, the value of his shares could increase. Conversely, any missteps on the campaign trail could have the opposite effect, further destabilizing the stock.
As the lockup period comes to an end, Trump faces a critical decision that could shape the future of both his personal finances and Truth Social. Whether he chooses to hold onto his shares or cash out, the outcome will likely have significant consequences for the company, its investors, and Trump’s political aspirations.
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