DOJ Sets Procedures for Federal Agencies to Interact with Social Media Companies
The Department of Justice (“DOJ”) recently announced that it had developed and implemented formal policies and procedures for how the FBI and other federal agencies should interact with social media companies to try and ensure that the government is not infringing on First Amendment rights of individuals. This comes after growing concerns that the government agencies may be engaging in “jawboning,” which is the practice of the government indirectly censoring free speech illegally through coercing private companies to do it for them. Although Mark Zuckerberg had revealed to Joe Rogan that the FBI communicated with Meta and warned Facebook about potential election misinformation during the last presidential election, it was not until this past July that the DOJ released to the public a summary of its standard operating procedures for when/how the FBI would share information it considered “foreign malign influence threat” information with specific social media companies. The concern is that by sharing the information, there is the potential for the implicit implication that the FBI is effectively telling the social media company to remove the content they have deemed a threat, effectively forcing censorship on the internet. As FIRE Director of Public Advocacy Aaron Terr has said, “the FBI “flagging” content is a lot like your boss asking you to stay late — it’s not a suggestion.” Earlier this year the Supreme Court side stepped the question over what the exact limits were after the attorney generals of Missouri and Louisiana and others sued federal agencies over claims that the agencies were pressuring social media companies to censor particular content, after finding that the plaintiffs lacked standing to sue. Although it did not rule in that particular case, concerned actors will undoubtedly continue their legal suits against social media companies over the influence of law enforcement on the private actors.
UK Woman Arrested for Social Media Post that Spread Misinformation
Recently charges were announced against a UK woman over her social media post that authorities say played a role in the anti-immigration riots that spread around the country earlier this month after three children were killed and others wounded in a knife attack at a Taylor Swift themed dance and yoga event. The post in question speculated on X, formerly Twitter, that the attacker “was an asylum seeker who came to the UK by boat last year and was on an MI6 watch list” before adding “If this is true, then all hell is about to break loose.” Although that information was totally inaccurate, it quickly spread and is being blamed by authorities as being a primary motivation in the subsequent riots that gripped many cities across the UK. Chief Superintendent Alison Ross said after charges were announced that they would, “…[act] as a warning that we are all accountable for our actions, whether that be online or in person” over spreading misinformation online. The UK does not enjoy the precise First Amendment freedoms that we enjoy in the United States, where such a social media post would almost certainly not lead to criminal charges in and of itself, but free speech is America is not absolute and without exception. Moreover, as we have previously covered, nothing protects you from law enforcement authorities using social media posts in their investigations. In fact, they often do. Many people “self-snitch” online. Anyone posting on social media should exercise extreme caution about what information they post as they are voluntarily surrendering that information to investigators and the rest of the world. Anyone accused of a crime connected to their social media postings should hire an experienced criminal defense attorney who can help them navigate what may be considered protected speech and also ensure that any social media postings and information was not unlawfully obtained.
