Posted on 02/03/2022 5:54:33 PM PST by SeekAndFind
Below is my column on the campaign to cancel Joe Rogan and his podcast. Various celebrities and artists have joined the movement for censoring Joe Rogan, including Mary Trump. The White House has called for even greater action from Spotify to limit or remove content. We have also heard the same false narrative that, since the First Amendment only covers government action, this is not by definition of free speech issue.
The argument is entirely divorced from any understanding of free speech. As we have previously discussed, the First Amendment is not the full or exclusive embodiment of free speech. It addresses just one of the dangers to free speech posed by government regulation. Many of us view free speech as a human right. Corporate censorship of social media clearly impacts free speech, and replacing Big Brother with a cadre of Little Brothers actually allows for far greater control of free expression. When it comes to media, information or social media platforms, corporate censorship can have a devastating impact on free speech.
Here is the column:
“They can have Rogan or Young. Not both.” That ultimatum from singing legend Neil Young to Spotify had a justifiable sense of certainty about the choice. After all, it is a variation of the type of threats used successfully against a host of companies to cancel speakers, writers and performers. Young was soon joined by Joni Mitchell and others in the “if-you-listen-to-him-you-can’t listen-to-me” demand. They are the latest to join a growing number of journalists, academics and artists in favor of censorship. Then something happened … or, more accurately, something did not happen.
Spotify told Young to take the freedom train off Spotify. It was sticking with Rogan and, perhaps secondarily, free speech.
For Spotify, the choice between Rogan’s 11 million listeners or an aging rocker was economically clear, even with other artists threatening to pull their music from the platform. The music side of Spotify is reportedly not making much revenue, but Rogan and podcasts are a cash machine. Spotify now has 365 million subscribers and its advertising revenues have doubled with the help of the podcast market. Revenue from podcasts is up a staggering 627 percent on Spotify.
However, even if the company was not motivated by its better angels, that may actually be better news for free speech.
The free-fall of free speech has largely been due to greed. Companies see no profit in defending dissenting viewpoints. Now, for the first time, the economics may have actually worked against censorship and for free speech. At least in this instance, to paraphrase “Wall Street’s” Gordon Gekko, “Greed is good” for free speech.
The famous economist Arthur Cecil Pigou once explained that corporations are not “social” but market creatures moved by profits, not principles. No matter how “woke” many companies may appear, there is an economic calculation behind corporate action. Most companies yield to demands because it is wealth-maximizing. There was a calculation that woke statements or censorship policies would protect a company from protests while opposing customers would still want its product.
That calculation has been a disaster for free speech. The First Amendment only addresses the primary threat that existed in the 18th century against free speech: the government. It does not limit private companies, which have free speech rights like individuals. Activists and politicians used that blind spot to do indirectly what they could not do directly in censoring opposing viewpoints.
Democratic leaders, including President Biden, have encouraged companies to expand what they euphemistically call “content modification” to block dissenting views on vaccines, election integrity, global warming, gender identity and a range of other issues. Even the World Health Organization has embraced censorship campaigns to fight not the pandemic but the “infodemic.”
Censorship is in vogue. Prince Harry (who called the First Amendment “bonkers”) has supported Young in his quest to silence Rogan on Spotify. One’s commitment to a cause today is measured by one’s intolerance for opposing viewpoints.
As a result, social media companies and other corporations now regulate speech in the United States to a degree that an actual state media would struggle to replicate. Faced with a growing cancel culture, companies are scrubbing their platforms of dissenting viewpoints and converting forums into echo chambers.
In the use of private companies, the left has achieved an ignoble distinction. While liberal writers and artists were blacklisted and investigated in the 1950s, liberal activists have succeeded in censoring opposing views to a degree that would have made Sen. Joe McCarthy (R-Wis.) blush. Rather than burn books, they have simply gotten stores to ban them or blacklist the authors.
For these companies, there is no value to protecting the speech rights of dissenting voices with powerful politicians, academics, and even some in the media demanding more censorship.
But then they went after Rogan.
Rogan’s popularity is precisely due to the fact that he is uncensored in what he says. As many networks and newspapers have become more of an echo chamber, viewers and readers have fled en masse. Trust in the media has fallen to just 46 percent and as low as 40 percent in recent polling.
Where are people going for information? It seems many have gone to podcasts — and specifically to Joe Rogan, at least 11 million of them.
While Young reportedly relies on Spotify for 60 percent of his royalty income, Spotify does not rely on Young or other rock stars for its primary profits. It is the reverse of market conditions from just a couple years ago.
The problem with controlling speech is that it has to be complete; it doesn’t work if there are alternatives to echo-chambered media. Rogan’s podcast is one of the biggest. With 11 million listeners, he surpassed cable and network audiences as well as the readership of the largest papers. His program allows people across the political spectrum to speak freely, including those who question official positions on vaccines and treatments.
While Rogan has promised to be more careful in how information is presented on his show (and Spotify will add “advisories” on podcasts), his podcast survived the celebrity onslaught. As various investors seek to create free speech alternatives to Twitter and YouTube, there may be an emerging market for free speech products.
This is not the first failed effort to eliminate alternatives to mainstream media. Democratic Reps. Anna Eshoo and Jerry McNerney of California were widely criticized for a letter to cable carriers like AT&T asking why they are still allowing people to watch Fox News. (For the record, I appear as a Fox legal analyst). The two members of Congress stressed that “not all TV news sources are the same” and called the companies to account for their role in allowing such “dissemination.” Fox News has remained the most watched cable channel, topping even ESPN. That includes more primetime Democratic viewers of Fox than CNN.
Likewise, the effort of politicians like Sen. Elizabeth Warren (D-Mass.) to protect readers from what she considers to be poor book choices has failed. Warren wants companies like Amazon to change algorithms to steer readers away from books that she deems unhealthy or untrue. The problem is that people are still finding sources for uncensored authors. Former New York Times author Alex Berenson hit the top of Amazon’s Kindle Store with his recent book critical of COVID science and policies.
This does not mean that Joe Rogan is the new Thomas Paine or that this small skirmish is a turning point in the war over free speech. Indeed, the campaign continues against Spotify. However, with the explosion of corporate censorship, free speech advocates have begun to look at figures like Rogan as “super survivors,” people who seem to have natural immunities protecting them from an otherwise lethal threat. If we can replicate those economic antibodies, we just might be able to develop a protection against censorship and the cancel culture.
Did I miss where Turley discusses the legal/constitutional issues in regards to Government promoting private corporations/companies censoring free speech?
Joe Rogan now has legal grounds to sue the Government as far as I can understand.
The only constitutional opinion the Government can promote is free speech…not censorship. Is that correct?
only the wacko conspiracies are allowed to stay up.
Neil Young is just a useful idiot for Big Pharma, the irony is that NY spent so much effort fighting GMOs in food over the decades, now he thinks we should get direct injection of GMO's or he will be a big crybaby and pull his tunes
Spotify will cave in a week or less...just guessing.
Extremely easy choice for me.
Rogan. Of course.
Let’s see so far, we have .... Rogan vs. Neil Young, Joni Mitchell, Barry Manilow, India Arie, Crosby, Stills and Nash.
Who does Spotify choose? Rogan or these artists?
I’m guessing they are making a killing off this.
Lots of people supporting Rogan and Spotify.
If I never heard a song from any of these people I would do a dam jig. If someone could guarantee I’d never hear their pap crap music, I’d buy them a beer.
He most certainly can. And I’m not a Rogan worshipper like so many.
Give Rogan a platform where he doesn’t have to deal with this Spotify nonsense. And when Spotify goes the way of the Dodo, that’s that.
The CIA must be really pissed at Joe Rogan, given the amount of airtime and press coverage vilifying Joe. Obviously he’s right over target. I never heard of him until he became public enemy number two after Donald Trump.
We are halfway towards saving Free Speech. The call for a Convention of States is now at 17 states. 17 more to go.
I haven’t been following this thing all that much. I know they’re protesting about, misinformation.
So, my question…..Have Young, Mitchell, CornPop or anyone else bitching about Rogan actually come out and said what the misinformation is? Has anyone said he’s misinforming folks because he talks about X, Y, Z? Or is it just like Swallwell and Schiff talking about all the evidence they have but never actually talking about the evidence? They just have mountains of evidence.
It would appear that both Rogan and White talk about getting covid, getting an alternative treatment and feeling fine within days. Like thousands of others that have done the same.
He has 2 guys on his show that, up til now, have been some of the leading people on the planet for this stuff, are now considered lunatics for daring to question Fauci and Pfizer and all hell is breaking loose.
But no one will come out and define or detail what the, misinformation, is.
Can Joe Rogan HAVE free speech?
First step in ending Leftist censorship: Quit apologizing.
Not Barry Manilow. He put out a statement saying he had no idea where that rumor started but it wasn’t from him or his representatives.
I think maybe what they see as "misinformation" may just be the truth that comes from putting together the information presented, but they refuse to believe, it shocks their paradigm, It doesn't fit the fabricated consensus that is being presented by the world news cartels so they react by "fight or flight".
If I lay out all the actual evidence, (not simply trusting in the 3 letter media pattern of lies and deception ), then I do not see a pandemic,
All I see is the same old colds and flu used to fuel an extortion racket perpetrated by Big Pharma, and facilitated by the complicit news organization cartels (also owned by big pharma) and enabled by the useful idiot politicians trying to be heroes for profit
I don't want to believe it either , but it's glaring at me
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