Archive for June, 2016

Is Facebook protected under the First Amendment? – May. 12, 2016

"If Facebook ignores this request they could receive a subpoena, so I suspect they will cooperate," said Stephen Strauss, a former journalist who is now an attorney at Bryan Cave specializing in First Amendment issues.

He was referring to a letter sent by Senator John Thune to Facebook CEO Mark Zuckerberg seeking an explanation of how Trending stories are selected and whether any conservative stories were taken out of the list or liberal leaning stories were inserted.

Joe Larsen of Sedgwick Law agrees that it would be risky for Facebook to ignore the request.

"That's just not a good idea, even where... I can see no clear legal basis for Senator Thune's request," Larsen said. "I expect Facebook will provide quite a bit of information."

Related: Did Facebook suppress conservative news?

One piece of what Thune is seeking was revealed Thursday when The Guardian published Facebook's manual for people who manage the Trending topics feature. Facebook confirmed the veracity of the 20 page document, which reveals that there is a lot of human decision making in choosing the stories on top of what the company's algorithms suggest. The manual includes when stories can be "injected" into the Trending topics list.

The controversy began on Monday when Gizmodo published a report with anonymous allegations that former contractors had ignored Facebook's algorithms for its Trending topics section and that links to conservative news stories were "routinely" suppressed.

Thune demanded to know exactly how Facebook decides what news stories to publish and to see a list of all the stories that were previously not distributed or manually inserted into Trending topics.

As a platform that's used by over 222 million people in the United States, the company is able to influence the perceptions of a large chunk of the U.S. population, Thune said.

Facebook has denied that anyone improperly tinkered with the list or that they were instructed to do so. A company spokesman said, "We have received Sen. Thune's request for more information about how Trending Topics works, and look forward to addressing his questions."

Related: Facebook's 'trending topics' spark debate

According to Strauss, Thune's request was legitimate.

"I think that this situation is different than an inquiry into a news organization's content," he said. "In this case Facebook has a 'trending' feature, and Facebook affirmatively stated particular standards for this 'trending' feature, and now there is some question as to the veracity of those representations."

Mark Bailen, a media attorney at BakerHostetler, disagrees. He argues that Facebook has the same right to distribute the news "without interference from the government" as any company or individual.

"It's well established that the government has no role in dictating what is newsworthy," said Bailen. "The idea that the government is going back and looking into and investigating [Facebook's activities in distributing the news] conflicts with decades of jurisprudence under the First Amendment."

Floyd Abrams, a prominent First Amendment attorney, compares Thune's request to one issued by Congress in the 1970s when politicians sought to require CBS to turn over outtakes of a controversial CBS documentary, "The Selling of the Pentagon." The network refused and eventually the inquiry was dropped.

"It was an example of a news organization that was prepared to take great risks to defend its editorial independence," said Abrams.

Related: Senate demands answers from Facebook

"I don't mean to suggest that Facebook must remain silent when it is under attack. But it should take care not to cede its own hard won authority about what articles to cite or recommend to Congress."

One issue about this controversy that troubles some is the way that Facebook depicts its role in selecting what news is shown.

"It has always represented itself as an unbiased aggregator of news on its trending site," according to Larsen. "That is, Facebook says it doesn't have an editorial position."

After the Gizmodo report was published, Facebook Trending manager Tom Stocky wrote that the company has "rigorous guidelines in place for the review team to ensure consistency and neutrality."

Those guidelines don't allow reviewers to suppress or prioritize political perspectives or media outlets, he says. And these are the guidelines that Thune and others want to know more about.

The company's official description of the feature is simply: "a list of topics and hashtags that have recently spiked in popularity on Facebook. This list is personalized based on a number of factors, including Pages you've liked, your location and what's trending across Facebook."

Until the Gizmodo report, many people weren't aware that Facebook had a team to oversee the Trending Topics feature.

Suzy Fulton, a technology lawyer said that it's possible someone might sue Facebook based on fraud or deceptive practices -- but it would be hard to see what the damages would be, "even assuming you have a valid claim to begin with."

"We are certainly a litigious society," she said. "[But] you can opt out, you can go to Fox or some other conservative news media for your news if you feel Facebook is not telling the right story on its Trending Topics."

CNNMoney (New York) First published May 12, 2016: 1:58 PM ET

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Is Facebook protected under the First Amendment? - May. 12, 2016

First Amendment (U.S. Constitution) – The New York Times

Latest Articles

If the court takes up cases regarding the names of the N.F.L. team and an Asian-American band, it could test a distinctly American commitment to free speech.

By ADAM LIPTAK

When a New Jersey police officer was mistakenly accused of political activity and demoted, he was still protected by the First Amendment, the Supreme Court decided.

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A tawdry trial about sex tapes and celebrity shows how we should rethink information in the digital age.

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A judges order to release secret documents raises questions about how much involvement courts should have over settlements related to corporate wrongdoing.

By PETER J. HENNING

Mr. Kennedy defended John Gotti Sr., Huey P. Newton and Timothy Leary and won freedom for Jean S. Harris, who killed the Scarsdale Diet doctor.

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In recent years, the Supreme Court has waved the First Amendment banner ever higher to undermine long-accepted governmental regulatory authority.

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In a California case, the justices are considering whether government workers who choose not to join a union may still be required to pay for collective bargaining.

By ADAM LIPTAK

A federal judge has warned that prosecutors may be going too far when they ask witnesses to keep quiet about receiving a subpoena.

By STEPHANIE CLIFFORD

Some legal scholars are asking whether it is time to reconsider the clear and present danger standard for curbing the freedom of speech.

By ERIK ECKHOLM

A federal appeals court, in a case involving an Asian-American dance-rock band, struck down part of a law that let the government reject trademarks it deemed offensive or disparaging to others.

By RICHARD SANDOMIR

An array of leading hip-hop artists, including T.I., Big Boi and Killer Mike, filed a Supreme Court brief in support of a high school student punished for posting a rap song that drew attention to complaints about sexual harassment.

The Alabama lawyer opposed The New York Times in a case that resulted in a Supreme Court decision establishing greater leeway for criticism of government officials and other public figures.

By BRUCE WEBER

On university campuses, First Amendment rights are colliding with inclusivity.

By NICHOLAS KRISTOF

Religious Arbitration Used for Secular Disputes | Soros Withdraws $490 Million From Janus Capital

A University of Michigan professor writes that many see this as yet another way the First Amendment is being hijacked.

A new class-action lawsuit says that New York City has a policy and a history of violating protesters constitutional rights.

If the court takes up cases regarding the names of the N.F.L. team and an Asian-American band, it could test a distinctly American commitment to free speech.

By ADAM LIPTAK

When a New Jersey police officer was mistakenly accused of political activity and demoted, he was still protected by the First Amendment, the Supreme Court decided.

By ADAM LIPTAK

A tawdry trial about sex tapes and celebrity shows how we should rethink information in the digital age.

By ROBERT LEVINE

Arguments in the jury trial start Monday in a case the celebrity wrestler says is about privacy, but the defendant, Gawker, argues is about the First Amendment.

By ERIK ECKHOLM

The state is one of eight that are considering blanket legal protection for discrimination on religious grounds. Its bill is one of the most alarming.

By THE EDITORIAL BOARD

The company, in its fight with the F.B.I., is defending its phones on grounds that its code represents free speech, and there is some precedent.

By STEVE LOHR

Crisis pregnancy centers in California are in a battle with the state over a new law requiring them to post a notice that free or low-cost abortion care is available.

By ERIK ECKHOLM

A judges order to release secret documents raises questions about how much involvement courts should have over settlements related to corporate wrongdoing.

By PETER J. HENNING

Mr. Kennedy defended John Gotti Sr., Huey P. Newton and Timothy Leary and won freedom for Jean S. Harris, who killed the Scarsdale Diet doctor.

By SAM ROBERTS

In recent years, the Supreme Court has waved the First Amendment banner ever higher to undermine long-accepted governmental regulatory authority.

By LINDA GREENHOUSE

In a California case, the justices are considering whether government workers who choose not to join a union may still be required to pay for collective bargaining.

By ADAM LIPTAK

A federal judge has warned that prosecutors may be going too far when they ask witnesses to keep quiet about receiving a subpoena.

By STEPHANIE CLIFFORD

Some legal scholars are asking whether it is time to reconsider the clear and present danger standard for curbing the freedom of speech.

By ERIK ECKHOLM

A federal appeals court, in a case involving an Asian-American dance-rock band, struck down part of a law that let the government reject trademarks it deemed offensive or disparaging to others.

By RICHARD SANDOMIR

An array of leading hip-hop artists, including T.I., Big Boi and Killer Mike, filed a Supreme Court brief in support of a high school student punished for posting a rap song that drew attention to complaints about sexual harassment.

The Alabama lawyer opposed The New York Times in a case that resulted in a Supreme Court decision establishing greater leeway for criticism of government officials and other public figures.

By BRUCE WEBER

On university campuses, First Amendment rights are colliding with inclusivity.

By NICHOLAS KRISTOF

Religious Arbitration Used for Secular Disputes | Soros Withdraws $490 Million From Janus Capital

A University of Michigan professor writes that many see this as yet another way the First Amendment is being hijacked.

A new class-action lawsuit says that New York City has a policy and a history of violating protesters constitutional rights.

The rest is here:
First Amendment (U.S. Constitution) - The New York Times

Hillary Clinton says she’ll put Bill ‘in charge’ of fixing …

During a speech in Kentucky Sunday she referred to "my husband, who I will put in charge of revitalizing the economy 'cause he knows what he's doing."

The U.S. economy boomed during President Clinton's administration. His economic record is an effective selling point, especially as U.S. growth remains sluggish, and most voters worry about the economy.

During Clinton's eight years as president, the U.S. economy added more than 22 million jobs. That's slightly more jobs than were added during the combined 22-year tenure of the four most recent Republican presidents.

In the spring of 2000, Clinton's final year in office, a greater percentage of Americans had jobs than any time since record-keeping began soon after World War II.

Giving Clinton's policies full credit for boosting the economy isn't entirely fair. The rapid growth of the Internet during his eight years in office greatly increased business productivity and profits and helped to fuel the hiring boom. There was also a bubble in Internet stocks, which poured money into the tech sector and helped spurred hiring.

But government policies did help also. The federal government actually ran surpluses rather than deficits during Clinton's final three years in office, and that reduced the need for government borrowing and helped to keep interest rates relatively low.

Related: Which candidate would be better for the stock market?

But there are critics on both the right and the left who argue that Clinton's policies laid the groundwork for the economic problems that were to follow.

Many regulations were eliminated during Clinton's administration that had previously prevented commercial banks from moving into investment banking and insurance, which had been the turf of Wall Street firms. Some critics have blamed the loss of those protections for the financial market's meltdown and the need to bail out banks that occurred in 2008.

Related: Is trade really killing middle class jobs?

The North American Free Trade Agreement, which lowered trade barriers with Mexico and Canada, was signed into law early in the Clinton administration. China and the U.S. also signed a trade accord in 1999 which led to China joining the World Trade Organization. Those moves led to dramatic increases in imports from Mexico and China, which critics say cost U.S. workers their jobs.

Advocates of those deals says that the U.S. economy was bound to lose many of those jobs to lower wage countries even without the trade pacts.

Hillary Clinton's campaign's press secretary Nick Merrill said that her comments don't reflect any decision to name her husband to a some specific post in her administration.

"It would be getting ahead of ourselves to talk about any sort of formalized role for anyone in her administration," he said. "I think that her point has been time and again that he has a lot to offer and it would be foolish not to use that in some capacity. It has not gone any further than that."

Earlier this month in another speech in Kentucky she said, "I told my husband he's got to come out of retirement and be in charge of this because you know he's got more ideas a minute that anybody I know."

CNN's Dan Merica contributed to this report.

CNNMoney (New York) First published May 16, 2016: 8:35 AM ET

See the original post here:
Hillary Clinton says she'll put Bill 'in charge' of fixing ...

Censorship – The New York Times

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A reader writes, Americans in 2016 could perhaps take a lesson from it.

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By JESS ROW

The British monarchs sharp words resonated online, and journalists asked a spokesman for the Ministry of Foreign Affairs for a response.

By EDWARD WONG

Mr. Ren had questioned a major announcement by President Xi Jinping that Chinese news organizations must serve the Communist Party.

By EDWARD WONG

The dispute stems from a rejection by the American Bar Association of a potentially incendiary book being written by a Chinese human rights lawyer.

By EDWARD WONG

Restricting what search results users can see undermines the Internets promise of global access to information.

By DAPHNE KELLER and BRUCE D. BROWN

Kathy Chen served a stint in the Chinese military and was involved in a venture that was partly owned by the countrys domestic security ministry.

By THE NEW YORK TIMES

The political costs of doing business with the Turkish president, Recep Tayyip Erdogan, are becoming clearer by the week for the German chancellor.

By ALISON SMALE

In an era of easy access to global news, Beijing is going after critics outside its borders.

The Najib administrations assault on free expression is unprecedented.

By JAHABAR SADIQ

The magazines published reports this week examining the tightening control Mr. Xi has exerted over Chinese politics and the cult of personality he has built around himself.

By EMILY FENG

American officials cite blocked websites and other limits on information as bad for foreign companies doing business in the vast market.

By PAUL MOZUR

Leaked documents about offshore companies name family members of the countrys president, propaganda chief and vice premier.

By MICHAEL FORSYTHE

During a presentation on digital security, the architect, Fang Binxing, was forced to use location-masking software to reach websites in South Korea.

By AUSTIN RAMZY

The top censored phrases monitored on Weibo all appeared to be related to the leaks: tax evasion, file, leaked, Putin and company.

By MICHAEL FORSYTHE and AUSTIN RAMZY

The mainland state news media omitted mention of the film, which depicts a dystopian future for Hong Kong under Chinese rule.

By ALAN WONG

A draft law posted by a technology regulator said sites in the country would have to register domain names with local service providers.

By PAUL MOZUR

An activist is killed on-air while hosting a radio show for fellow displaced residents of a rural town in Mexico.

By BETZAB GARCA

Asesinan a un activista mientras estaba al aire conduciendo un programa de radio dirigido a residentes desplazados de un pequeo pueblo en Mxico.

Por BETZAB GARCA

The founder of the social networking service has learned Mandarin and charmed audiences. But with a public presence in China comes official scrutiny.

By PAUL MOZUR

A reader writes, Americans in 2016 could perhaps take a lesson from it.

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By JESS ROW

Excerpt from:
Censorship - The New York Times

What Is Censorship – Censorship | Laws.com

What is Censorship? Censorship is the act of altering, adjusting, editing, or banning of media resulting from the presumption that its content is perceived to be objectionable, incendiary, illicit, or immoral by the presiding governmental body of a specific country or nation or a private institution. The ideology and methodology of Censorship varies greatly on both domestic and international levels, as well as public and private institutions. Governmental Censorship

Governmental Censorship takes place in the event that the content, subject matter, or intent latent within an individual form of media is considered to exist in contrast with preexisting statutory regulations and legislation. In many cases, the censorship of media will be analogous with corollary laws in existence. For example, in countries or nations in which specific actions or activities are prohibited, media containing that nature of presumed illegal subject matter may be subject to Censorship. However, the mere mention of such subject matter will not always result in censorship; the following methods of classification are typically enacted with regard to a governmentally-instituted statutory Censorship: Censorship within the Public Sector The public sector is defined as any setting in which individuals of all ages inhabit that comply with legal statutes of accepted morality and proper behavior; this differs by locale the nature of the public sector is defined with regard to the nature of the respective form of media and its adherence to legislation: The Federal Communications Commission (FCC) sanctioned by the federal government of the United States in order to regulate the activity taking place in the public setting-based media Censorship and Intent With regard to Censorship, intent is legally defined as the intended result for which one hopes as a result of their participation in the release or authorship of media; typically, proponents for individual censorship will be required to prove that the intent latent within the media in question was enacted knowingly and deliberately in any lack of adherence to legislation Censorship and Privacy

With Regard to censorship, privacy is a state in which an individual is free to act according to their respective discretion with regard to legal or lawful behavior; however, regardless of the private sector, the adherence to legislation and legality is required Private and Institutional Censorship

Private institutions retain the right to censor media which they may find objectionable; this is due to the fact that the participants in private or independent institutions are defined as willing participants. As a result, upon joining or participating in a private institution, the individuals concede to adhere to applicable regulations:

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What Is Censorship - Censorship | Laws.com