Tag: POSTS

  • Why are Miami police questioning a woman over Facebook posts?

    Why are Miami police questioning a woman over Facebook posts?

    This essay was originally published by UnHerd on Jan. 20, 2026.


    “This is freedom of speech. This is America, right?”

    Those were the incredulous words of Raquel Pacheco, a U.S. Army veteran and three-time candidate for local office. She made the remark while being questioned by police at her Miami Beach home last week for criticizing her mayor on Facebook.

    On Jan. 6, Miami Beach Mayor Steven Meiner posted a message on his official Facebook page saying, among other things, that “Miami Beach is a safe haven for everyone” and that the city “is consistently ranked by a broad spectrum of groups as being the most tolerant in the nation.”

    Speech is not a crime — even if it complicates ICE’s job

    Aaron Terr explains why alerting others to law enforcement activity, or reporting on it, is protected by the First Amendment.


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    That is, apparently, unless you criticize him. Pacheco’s response — accusing Meiner of “consistently call[ing] for the death of all Palestinians,” trying “to shut down a theater for showing a movie that hurt his feelings,” and “REFUS[ING] to stand up for the LGBTQ community in any way” — appears to have been too much free speech for the mayor to tolerate.

    Six days later, two Miami Police officers knocked on Pacheco’s door, claiming they were there “to have a conversation” and confirm that it was her who made those comments. In a video of the interaction, the officers justify their visit by saying they wanted to prevent “somebody else getting agitated or agreeing with” Pacheco’s post. They added that the line about Meiner’s views on Palestinians “can probably incite somebody to do something radical,” and advised her “to refrain from posting things like that because that could get something incited.”

    What occurred at Pacheco’s home raises serious concerns in a free society. Her statements fall well short of the legal threshold for incitement, which applies only to speech which urges unlawful action and is likely to provoke it immediately. A careful reading of her post reveals no call for illegal activity, nor any indication that it would prompt others to act unlawfully.

    If sharp but non-threatening criticism and political commentary can be treated as unlawful incitement, freedom of speech ceases to exist in any meaningful sense.

    Residents of the United Kingdom are all too familiar with police interventions over social media content. In September, blogger Pete North was arrested for posting a meme displaying the text “F— Palestine F— Hamas F— Islam… Want to protest? F— off to a Muslim country & protest.” That same month, Deborah Anderson, an American who had been living in England for years, was visited by police for Facebook posts that “upset someone.” And last January, a couple were arrested on suspicion of harassment, evidently for comments as mild as describing an employee at their daughter’s school as a control freak in a parents’ WhatsApp chat. Sadly, such incidents are just a fraction of longstanding limitations on speech in the UK.

    These examples demonstrate why the First Amendment sets the bar so high for its few, narrow exceptions. Democracy requires ample breathing room to speak about public issues. If sharp but non-threatening criticism and political commentary can be treated as unlawful incitement, freedom of speech ceases to exist in any meaningful sense.

    Such cases highlight the need to safeguard free expression in both the U.S. and the UK. Censorious practices which appear in one place often spread elsewhere. Across the West, law enforcement responses to online criticism are becoming more common. Without vigilance, such interventions will continue. The principle is clear: free expression must be protected.

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  • Cops showing up at your door for political Facebook posts is absolutely intolerable in a free society

    Cops showing up at your door for political Facebook posts is absolutely intolerable in a free society

    This video is making the rounds — and it’s one every American should see.


    WATCH VIDEO: No one should have to fear that expressing a political opinion will lead to a knock on the door from the police.

    The video shows law enforcement showing up on the doorstep of Florida resident Raquel Pacheco. 

    What did she do? She criticized the mayor on Facebook. 

    Police coming to our doorsteps for lawful political speech — speech that doesn’t remotely rise to the level of incitement, harassment, or a true threat — is absolutely intolerable in a free society.

    The First Amendment means we have the right to criticize those in power. On Friday, we said as much to the Miami Beach Police Department.

    This isn’t the UK. Or China. Or Russia. This is America. No one should have to fear that expressing a political opinion will lead to a knock on the door from the police.

    See FIRE’s full letter to the Miami Beach Police Department.

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  • Iowa Teacher Committed Misconduct With His Anti-Kirk Facebook Posts – The 74

    Iowa Teacher Committed Misconduct With His Anti-Kirk Facebook Posts – The 74


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    An administrative law judge has ruled that an Iowa school teacher committed job-related misconduct when he posted negative Facebook comments about conservative activist Charlie Kirk.

    Matthew Kargol worked for the Oskaloosa Community School District as an art teacher and coach until he was fired in September 2025. Kargol then filed for unemployment benefits and the district resisted, which led to a recent hearing before Administrative Law Judge David Steen.

    In his written factual findings of the case, Steen reported that on Sept. 10, 2025, Kargol had posted a comment to Facebook stating, “1 Nazi down.” That comment was posted within hours of authorities confirming Kirk had been shot and killed that day while speaking at Utah Valley University in Orem, Utah.

    When another Facebook user commented, “What a s—-y thing to say,” Kargol allegedly replied, “Yep, he was part of the problem, a Nazi.”

    Steen reported that Kargol posted his comments around 5 p.m. and then deleted them within an hour. By 6 p.m., the district began fielding a number of telephone calls and text messages from members of the public, Steen found.

    According to Steen’s findings, the district’s leadership team met that evening and included Kargol via telephone conference call. District leaders asked Kargol to resign, and he declined, after which the district officials said they were concerned for his safety due to the public’s reaction to his comments.

    The district placed Kargol on administrative leave that evening, Steen found. The next day, district officials fielded roughly 1,500 telephone calls and received 280 voicemail messages regarding Kargol’s posts.

    “These calls required the employer to redirect staff and other resources from their normal duties,” Steen stated in his ruling. “The employer also requested additional law enforcement presence at school facilities due to the possibility of physical threats, which some of the messages alluded to. The employer continued to receive numerous communications from the public for days after the post was removed.”

    On Sept. 16, 2025, Superintendent Mike Fisher submitted a written recommendation to the school board to fire Kargol, with the two primary reasons cited as a disruption to the learning environment and a violation of the district’s code of ethics. Upon Fisher’s recommendation, the board fired Kargol on Sept. 17, 2025.

    According to Steen’s findings, the district calculated the cost of its response to the situation was $14,332.10 – and amount that includes the wages of the regular staff who handled the phone calls and other communications.

    As for the ethics-policy violation, Steen noted that the policy states that employees “are representatives of the district at all times and must model appropriate character, both on and off the worksite. This applies to material posted with personal devices and on personal websites and/or social media accounts.”

    The policy goes on to say that social media posts “which diminish the professionalism” of the district may result in disciplinary action, including termination, if it is found to be disruptive to the educational environment.

    The district, Steen noted, also has a policy on “employee expression” that states “the First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern,” but that “even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.”

    Based on the policies and Kargol’s conduct, Steen concluded the district fired Kargol for job-related misconduct that disqualified him from collecting unemployment benefits.

    The issue before him, Steen observed, wasn’t whether the district made a correct decision in firing Kargol, but whether Kargol is entitled to unemployment insurance benefits under Iowa law.

    In ruling against Kargol on that issue, Steen noted Kargol was aware of district policies regarding social media use as well as work rules that specifically state employees are considered representatives of the school district at all times.

    Kargol’s posts, Steen ruled, “reflected negatively on the employer and were against the employer’s interests.” The posts also “caused substantial disruption to the learning environment, causing staff at all levels to need to redirect focus and resources on the public’s response for days after the incident,” Steen stated.

    Kargol’s federal lawsuit against the school district, alleging retaliation for exercising his First Amendment right to expression, is still working its way through the courts.

    In that lawsuit, Kargol argues that in comments made last fall, Fisher made clear that his condemnation of Kargol’s Facebook posts “was rooted in his personal beliefs, not in evidence of disruption. Speaking as ‘a man of faith,’ Fisher expressed disappointment in the state of society and disapproval of Mr. Kargol’s expression. By invoking his personal religious identity in condemning Mr. Kargol’s speech, Fisher confirmed that his reaction was based on his own values and ideology, not on legitimate pedagogical concerns.”

    The district has denied any wrongdoing in that case. A trial date has yet to be scheduled.

    Several other lawsuits have been filed against their former employers by Iowa educators, a public defender and a paramedic, all of whom allege they were fired or sanctioned for online comments posted in the immediate aftermath of Kirk’s death.

    Earlier this week, two Iowa teachers sued the state’s teacher-licensing board and its executive director, alleging they improperly solicited complaints related to anti-Kirk social media posts.

    Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: [email protected].


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  • My Posts from Jarche’s Personal Knowledge Mastery Workshop – Teaching in Higher Ed

    My Posts from Jarche’s Personal Knowledge Mastery Workshop – Teaching in Higher Ed

    As part of participating in Harold Jarche’s Personal Knowledge Mastery workshop, we were given lessons and activities three times a week for six weeks. I had been blogging perhaps once or twice a year for a while now, never feeling like I had found my voice with those posts. Doing that much sharing via the written form seemed daunting, yet I had a strong suspicion that the discipline would pay off. I was not wrong at all on that front.

    Here are the various posts I wrote, along with an overview of the concepts explored in each one.

    01 – Getting Curious About Network Mapping

    Great insight lies in visualizing and analyzing the relationships that surround our work and learning. Networks are fundamental lenses for how we connect, influence, and grow.

    Key themes:

    • Network mapping and the difference between strong ties and weak ties (and how both kinds are essential to a thriving learning network).
    • The habit of giving first and nurturing relationships as network fuel.

    Quote:

    “Most intuitive notions of the “strength” of an interpersonal tie should be satisfied by the following definition: the strength of a tie is a (probably linear) combination of the amount of time, the emotional intensity, the intimacy (mutual confiding), and the reciprocal services which characterize the tie.” — Mark S. Granovetter (1973)

    Both strong and weak ties are vital to our learning.

    02 – Let’s Get Curious

    Allowing ourselves to wonder opens up our capacity to learn, connect, and co-create more deeply.

    Key themes:

    • Sparking curiosity means we tap into a power well beyond certainty (as illustrated so well through this beloved clip from Ted Lasso).
    • The world of work is increasingly complex; the very skills that matter now include creativity, imagination, empathy and curiosity.

    Quote:

    “The skills required to live in a world dominated by complex and non-routine work requires — creativity, imagination, empathy, and curiosity.” — Harold Jarche

    Stay curious, widen our lenses, and lean into the discomfort of not-knowing as the gateway to meaningful growth.

    03 – Connecting Birds, Grief, and Communities

    Grief, networks, and belonging are deeply intertwined in shaping the places where we learn, grow, and support one another.

    Key themes:

    • The isolation that grief can bring creates a powerful invitation to community when we’re willing to show up with vulnerably.
    • Communities (using Mastodon) and how we sustain communities when the baskets we placed our eggs in (platforms, networks) change or disappear and what that means for our learning ecosystems (I didn’t write about this in the post, but many say the answer is federated networks)

    Quote:

    “If we put our metaphorical eggs in one basket and something happens to that basket, there’s no putting Humpty Dumpty back together again.” — Bonni Stachowiak

    Invest in communities that embrace complexity, invite connection across networks, and hold space for both loss and belonging.

    04 – Engaging with Intentionality and Curiosity

    As I reflected on intentionality this week, I realized that showing up with purpose—not just going through the motions—significantly shapes what I notice, how I respond, and who I become in the process.

    Key themes:

    • Intentionality helps clarify why something matters and helps resist the pull of the urgent and focus on the important.
    • Analyzing who Harold Jarche follows on Mastodon offered an opportunity to reflect on my aims for the network.

    Quote:

    “Show up for the work.” — Bonni Stachowiak

    Jarche also gave some examples of the practices on which PKM is built upon, such as narrating our work and sharing half-baked ideas.

    05 – Scooping Up Adulting and the Benefits of Being Curious

    Moving through life’s messy, liminal spaces requires curiosity, humility, and movement.

    Key themes:

    • The relevance of the Cynefin framework in helping us learn in the complex domain.
    • The value of formal and informal communities and open knowledge and formal knowledge networks as our learning ecology.
    • Curiosity as a pathway through liminality: staying attuned to what is becoming.

    Quote:

    “In a crisis it is important to act but even more important to learn as we take action.” — Harold Jarche

    This Learning in the Complex Domain post by Jarche is likely the most important one for me to revisit from all that I read throughout these six weeks, as I’m still struggling to understand the Cynefin framework.

    06 – Why Isn’t RSS More Popular By Now?

    It’s still wild to me that RSS isn’t as common as navigating websites.

    Key themes:

    • A well-curated set of feeds via an RSS aggregator turns passive reading into active sense-making.
    • RSS remains undervalued in the age of algorithmic feeds, yet when we control our own feed-ecosystem we reclaim agency over where our attention goes.

    Quote:

    However, I’m picky about my reading experience and have gotten particular about being able to read via Unread on my iPad and navigate everything with just one thumb. — Bonni Stachowiak

    I was also glad to learn from Jarche about subscribing to Mastodon feeds and hashtags via RSS, though I haven’t experimented with that much, yet, since the Tapestry app does a lot of that for me.

    07 – Can You Keep a Secret?

    Understanding the frameworks behind our media tools unlocks far deeper insights than simply reacting to what comes our way.

    Key themes:

    • Exploring Marshall McLuhan’s Media Tetrad helped me see every medium as doing four things: extending, retrieving, obsolescing, and reversing.
    • Applying the tetrad to the smartphone made visible how it extends access and connection, obsolesces older single-purpose devices, retrieves communal spaces, and reverses into distraction and isolation when pushed too far.
    • This kind of analysis invites me to pause, notice, and interrogate the media I use daily rather than assume they’re neutral or benign.

    Quote:

    “The reversals are already evident — corporate surveillance, online orthodoxy, life as reality TV, constant outrage to sell advertising. The tetrads give us a common framework to start addressing the effects of social media pushed to their limits. Once you see these effects, you cannot un-see them.” — Harold Jarche

    Analyzing these media tools heps us choose how to engage with them, rather than passively being shaped by them.

    08 – Fake News Brings Me to an Unusual Topic for this Blog

    It is critical to engage in ways to increase the likelihood of us being able to identify fake news. .

    Key themes:

    • The articulation of four primary types of fake newspropaganda, disinformation, conspiracy theory, and clickbait — as outlined by Harold Jarche.
    • How propaganda intentionally spreads ideas to influence or damage an opposing cause; disinformation deliberately plants falsehoods to obscure truth.
    • The persistence of conspiracy theories despite lacking evidence, and how clickbait uses sensationalism to manipulate attention and action.

    Quote:

    Misinformation implies that the problem is one of facts, and it’s never been a problem of facts. It’s a problem of people wanting to receive information that makes them feel comfortable and happy. – Renée DiResta, as quoted in El País

    Our identities get so wrapped up in what we believe, it can be so challenging to consider how we might be part of combating fake news in our various contexts.

    09 – From Half-Baked to Well-Done: Building a Sensemaking Practice

    It can be so generative to share thoughts before they’re polished and this openness fuels learning, creativity, and connection.

    Key themes:

    • Half-baked ideas make space for iteration: they invite others in, rather than presenting a finished product that shuts conversation down.
    • Sharing early thinking helps me stay curious, flexible, and less attached to being “right.”
    • When we release ideas in progress, we give our networks something to build on, remix, or nudge in new directions.

    Quote:

    If you don’t make sense of the world for yourself, then you’re stuck with someone else’s world view. — Harold Jarche

    Let ideas be emergent rather than complete so that learning can unfold collaboratively.

    10 – The Experts in My Neighborhood

    Jarche introduces us to various PKM roles for this topic.

    Key themes:

    • Our learning ecosystems benefits from curating a diverse set of experts to help navigate complexity.
    • Through my PKMastery practices (bookmarking, sense-making, sharing), I can engage with expert ideas over time.
    • The real value comes not from one “expert,” but from a network of thinkers whose disagreements and different perspectives stretch our own thinking.

    Quote:

    “Writing every day is less about becoming someone who writes, and more about becoming someone who thinks.” — JA Westenberg

    The value of PKM is in curating many voices, cultivating a “neighborhood” of experts to follow, listen, question, and to build a rich, networked sensemaking practice rather than rely on single voices alone.

    11 – Network Weaving as an Antidote to Imposter Syndrome

    Turning toward connection can be one of our strongest antidotes to imposter syndrome.

    Key themes:

    • Network weaving reframes “Do I belong here?” to “Who can I bring together?” — shifting the energy from proving my worth to creating belonging.
    • Connecting people, ideas, and stories becomes my purpose: not to be the smartest person in the room, but to serve as a bridge, curator, and connector.
    • Vulnerability matters: acknowledging I don’t have all the answers, but inviting others to learn out loud anyway.

    Quote:

    A triangle exists between three people in a social network. An “open triangle” exists where one person knows two other people who are not yet connected to each other — X knows Y and X knows Z, but Y and Z do not know each other. A network weaver (X) may see an opportunity or possibility from making a connection between two currently unconnected people (Y and Z). A “closed triangle” exists when all three people know each other: X-Y, X-Z, Y-Z. – Valdis Krebs

    This reminder feels like fuel for the next leg of my PKMastery journey — leaning into weaving networks as practice not just for growth, but for belonging and shared strength.

    12 – I Can See Clearly Now The Frogs Are Here

    Growth often comes not from jumping to answers but from staying curious, experimenting, and traveling alongside fellow learners.

    Key themes:

    • Fellow seekers offer empathy, solidarity, and space to wrestle with ideas, often more supportively than experts alone.
    • As described by Harold Jarche, combining curiosity with connection can help transform seekers into knowledge catalysts, nodes in our networks who learn, curate, and contribute meaningfully.
    • Innovation and insight often emerge through playful experiments (half-baked ideas) from the beginner’s mind held by seekers.

    Quote:

    Your fellow seekers can help you on a journey to become a Knowledge Catalyst, which takes parts of the Expert and the Connector and combines them to be a highly contributing node in a knowledge network. We can become knowledge catalysts — filtering, curating, thinking, and doing — in conjunction with others. Only in collaboration with others will we understand complex issues and create new ways of addressing them. As expertise is getting eroded in many fields, innovation across disciplines is increasing. We need to reach across these disciplines. — Harold Jarche

    Seeking is not a sign of weakness, but as a source of collective curiosity, connection, and growth.

    13 – What Happens When We Start Making the Work Visible

    There is strength in making invisible processes and decisions visible.

    Key themes:

    • When we narrate our work, we open up pathways for real-time collaboration and shared learning rather than one-way transmission.
    • Narration allows for experimentation: sharing work in progress de-commodifies knowledge.
    • It shifts the emphasis from polished deliverables to ongoing learning — not just focusing on the final product, but how we got there, and what we learned along the way.

    Quote:

    The key is to narrate your work so it is shareable, but to use discernment in sharing with others. Also, to be good at narrating your work, you have to practice. — Harold Jarche

    Narrating our work offers a window into our process of learning.

    14 – No Frogs Were Actually Harmed in Describing Systems Thinking

    As I reflected on systems thinking, I found myself returning to how challenging (and how necessary) it is to see beyond events and into the structures that shape them. Revisiting Senge’s The Fifth Discipline reminded me just how often we can slip into reacting instead of zooming out to notice patterns.

    Key themes:

    • How easy it is to fall into organizational “learning disabilities,” like assuming I am my position rather than part of a larger whole.
    • Chris Argyris describes the phenomenon of “skilled incompetence,” where groups of individuals who get super good at making sure to prevent themselves from actually learning.
    • The invitation to practice systems thinking collectively, not just individually.

    Quote:

    You can only understand the system of a rainstorm by contemplating the whole, not any individual part of the pattern. – Peter Senge

    Sitting with this reminded me that lest we fall victim to skilled incompetence, we need to continually nurture the humility and curiosity to keep looking wider, deeper, and more generously at the forces shaping our organizations and our work.

    15 – Asking as a Way of Knowing: PKM Embodied By Bryan Alexander

    The potential for adding value through PKM helps make our contributions much richer when paired with curiosity, generosity, and intentional sharing.

    Key themes:

    • PKM isn’t just about what I read or bookmark — it’s about how I transform that input through asking questions, sense-making, and offering what I learn into shared spaces.
    • Public sharing (through podcasting, writing, conversation) complements private learning — the two together deepen meaning and foster connection.
    • Adding value” can look like holding space for others’ learning — asking curious questions, offering resources, and modeling openness rather than trying to prove expertise.

    Quotes:

    Every person possessing knowledge is more than willing to communicate what he knows to any serious, sincere person who asks. The question never makes the asker seem foolish or childish — rather, to ask is to command the respect of the other person who in the act of helping you is drawn closer to you, _likes you better_ and will go out of his way on any future occasion to share his knowledge with you. — Maria Popova

    It was great getting to see this all in action, through a dinnertime conversation with Bryan Alexander.

    16 – The Gap

    Fear and self-doubt often keeps us from beginning and from recognizing how much value we hold even before we “arrive.”

    Key themes:

    • There’s often a gap between where we are now and where we want to be — but that gap doesn’t diminish the worth of what we’re already learning and creating.
    • True learning requires embracing vulnerability: pursuing new practices.
    • Public sharing matters: showing work in progress reminds me (and others) that learning is ongoing and that we don’t need to wait until we’re “expert enough” to contribute something meaningful.

    Quote:

    “The biggest gap is between those doing nothing and those doing something.” — Tim Kastelle

    Commit to practice, to sharing, and to staying open to becoming someone who learns out loud.

    17 – Walking With PKM: Reflections From Six Weeks of Practice

    Stepping away from busyness — even just to wander — creates the space for real insight and creative thinking.

    Key themes:

    • Walking becomes a practice of reflection: giving my brain space to wander and surface ideas.
    • Learning isn’t always quantifiable.
    • The value in a consistent PKM practice allows me to my own capacity to notice, wonder, and ultimately learn.

    Quote:

    Creative work is not routine work done faster. It’s a whole different way of work, and a critical part is letting the brain do what it does best — come up with ideas. Without time for reflection, most of those ideas will get buried in the detritus of modern workplace busyness. — Harold Jarche

    PKM is part discipline, part letting go of the busyness, and part listening to whatever emerges.

    18 – The Last Step Toward the First Step

    “Mastery” is not an endpoint, but a habitual practice of learning, sharing, and growing.

    Key themes:

    • Value lies not in perfection, but in consistency: the small acts of sharing half-baked ideas and imperfect work.
    • What I do contributes to a larger learning ecosystem: by sharing what I learn, I contribute to collective sense-making and encourage others to do the same.

    Quote:

    It is not being in the know, but rather having to translate between different groups so that you develop gifts of analogy, metaphor, and communicating between people who have difficulty communicating to each other. — Ronald Burt

    The real power of PKM shows up not at the end, but in the consistent rhythm of seeking, sensing, and sharing.

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  • California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise.

    California wants to make platforms pay for offensive user posts. The First Amendment and Section 230 say otherwise.

    This week, FIRE wrote to California Governor Gavin Newsom, urging him to veto SB 771, a bill that would allow users and government enforcers to sue large social media platforms for enormous sums if their algorithms relay user-generated content that contributes to violation of certain civil rights laws.

    Obviously, platforms are going to have a difficult time knowing if any given post might later be alleged to have violated a civil rights law. So to avoid the risk of huge penalties, they will simply suppress any content (and user) that is hateful or controversial — even when it is fully protected by the First Amendment.

    And that’s exactly what the California legislature wants. In its bill analysis, the staff of the Senate Judiciary Committee chair made clear that their goal was not just to target unlawful speech, but to make platforms wary of hosting “hate speech” more generally:

    This cause of action is intended to impose meaningful consequences on social media platforms that continue to push hate speech . . . to provide a meaningful incentive for social media platforms to pay more attention to hate speech . . . and to be more diligent about not serving such content.

    Supporters have tried to evade SB 771’s First Amendment and Section 230 concerns, largely by obfuscating what the bill actually does. To hear them tell it, SB 711 doesn’t create any new liability, it just holds social media companies responsible if their algorithms aid and abet a violation of civil rights law, which is already illegal.

    But if you look just a little bit closer, that explanation doesn’t quite hold up. To understand why, it’s important to clarify what “aiding and abetting” liability is. Fortunately, the Supreme Court explained this just recently — and in a case also about social media algorithms to boot. 

    In Twitter v. Taamneh, the plaintiffs claimed that social media platforms had aided and abetted acts of terrorism by algorithmically arranging, promoting, and connecting users to ISIS content, and by failing to prevent ISIS from using their services after being made aware of the unlawful use.

    The Supreme Court ruled that they had not successfully made out a claim. Because aiding and abetting requires not just awareness of the wrongful goals, but also a “conscious intent to participate in, and actively further, the specific wrongful act.” All the social media platforms had done was create a communications infrastructure, which treated ISIS content just like any other content — and that is not enough.

    California law also requires knowledge, intent, and active assistance to be liable for aiding. But nobody really thinks the platforms have designed their algorithms to facilitate civil rights violations. So SB 771 has a problem. Under the existing standard, it’s never going to do anything, which is obviously not what its supporters intend. Therefore, they hope to create a new form of liability — recklessly aiding and abetting — for when platforms know there’s a serious risk of harm and choose to ignore it.

    But wait, there’s more.

    SB 771 also says that, by law, platforms are considered to have actual knowledge of how their algorithms interact with every user, including why every single piece of content will or will not be shown to them. This is just another way of saying that every platform knows there’s a chance users will be exposed to harmful content. All that’s left is for users to show that a platform consciously ignored that risk. 

    That will be trivially easy. Here’s the argument: the platform knew of the risk and still deployed the algorithm instead of trying to make it “safer.” 

    Soon, social media platforms will be liable solely for using an “unsafe” algorithm, even if they were entirely unaware of the offending content, let alone have any reason to think it’s unlawful.

    But the First Amendment requires that any liability for distributing speech must require the distributor to have knowledge of the expression’s nature and character. Otherwise, nobody would be able to distribute expression they haven’t inspected, which would “would tend to restrict the public’s access to [expression] the State could not constitutionally suppress directly.” Unfortunately for California, the very goal they want SB 771 to accomplish is what makes it unconstitutional.

    And this liability is not restricted to content recommendation algorithms (though it would still be unconstitutional if it were). SB 771 doesn’t define “algorithm” beyond the function of “relay[ing] content to users.” But every piece of content on social media, whether in a chronological or recommendation-based feed, is displayed to users using an algorithm. So SB 771 will impose liability every time any piece of content is shown on social media to any user.

    This is where Section 230 also has something to say. One of the most consequential laws governing the internet, Section 230 states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider,” and prohibits states from imposing any liability inconsistent with it. In other words, the creator of the unlawful content is responsible for it, not the service they used to do so. Section 230 has been critical to the internet’s speech-enabling character. Without it, hosting the speech of others at any meaningful scale would be far too risky.

    SB 771 tries to make an end-run around Section 230 by providing that “deploying an algorithm that relays content to users may be considered to be an act of the platform independent from the message of the content relayed.” In other words, California is trying to redefine the liability: “we’re not treating you as the publisher of that speech, we’re just holding you liable for what your algorithm does.”

    But there can be no liability without the content relayed by the algorithm. By itself, the algorithm does not cause any harm recognized by law. It’s the user-generated content that causes the ostensible civil rights violation.

    And that’s not to mention the fact that because all social media content is relayed by algorithm, it would effectively nullify Section 230 by imposing liability on all content. California cannot evade federal law by waving a magic wand and declaring the thing Section 230 protects to be something else.

    Newsom has until October 13 to make a decision. If signed, the law takes effect on Jan. 1, 2027, and in the interim, other states will likely follow suit. The result will be a less free Internet, and less free speech — until the courts inevitably strike down SB 771 after costly, wasteful litigation. Newsom must not let it come to that. The best time to avoid violating the First Amendment is now. 

    The second best time is also now.

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  • University of Canberra posts $41m deficit – Campus Review

    University of Canberra posts $41m deficit – Campus Review

    The University of Canberra (UC) posted a $41 million operating deficit for 2024 on Friday after cutting 170 full-time equivalent positions last year.

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  • VISAS REVOKED OVER SOCIAL MEDIA POSTS! (NLTV)

    VISAS REVOKED OVER SOCIAL MEDIA POSTS! (NLTV)

     

    Hundreds of international students in the US have received emails from the Department of State (DOS) instructing them to self-deport after their F-1 visas were revoked due to campus activism or social media posts. This crackdown targets not just those who physically participated in activism, but also those who shared or liked ‘anti-national’ posts. Some Indian students may also be affected.
    The US Secretary of State, Marco Rubio, confirmed the visa revocations, stating that over 300 visas had been revoked for “anti-national activities.” He also launched an AI-powered app, “Catch and Revoke,” to identify and cancel visas of students supporting designated terrorist groups like Hamas. New student visa applications are also under scrutiny, with applicants potentially being denied entry.
    The email sent to affected students warns them to self-deport, stating their visas were revoked under Section 221(i) of the Immigration and Nationality Act. It also informs students that staying in the US without lawful status could lead to fines, detention, or deportation, and they would need to apply for a new visa to return in the future.

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