Brené with Ben Wizner on Free Speech, Misinformation, and the Case for Nuance
Feb 9, 2022
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Brené sits down with Ben Wizner, an ACLU attorney and director of its Speech, Privacy, and Technology Project, who has defended crucial cases like Edward Snowden's. They dive into the complexities of free speech and the pitfalls of misinformation. The conversation explores the balance between protecting free expression and the harms that come with it. They also discuss the role of tech companies in regulating content and the importance of tone in public discourse. It's a nuanced look at how to engage in debates without losing sight of the truth.
Ben Wizner emphasizes the inherent complexities of free speech law, highlighting that no rights are absolute and legal boundaries often remain ambiguous.
The podcast discusses the crucial role of the ACLU in defending unpopular speech, illustrating the organization's commitment to civil liberties amidst public dissent.
Misinformation poses significant societal dangers, reinforced by the need for engaging discourse and persuasion over censorship to restore public trust.
Deep dives
Navigating Tough Times
The speaker reflects on a challenging period lasting a few weeks, shedding light on the strain it has placed on her and the community. Despite differing opinions regarding her pause while investigating issues at Spotify, the speaker expresses gratitude for the community's respect and accountability. She acknowledges the learning experience gained through this tough time, indicating growth from both personal reflection and external feedback. The importance of this support is emphasized as she begins to resume her work, feeling slightly rejuvenated.
The Role of the ACLU
Ben Wisner, a long-time attorney at the ACLU, discusses the organization’s pivotal role in safeguarding civil liberties and freedom of speech. His extensive tenure has involved addressing critical social issues, including surveillance, government watch lists, and the complexities of free speech. The conversation highlights the organization’s internal tensions, arising from its commitment to defend rights that may not always align with public sentiment. Despite occasional frustrations, the speaker underscores the necessity of supporting the ACLU for its dedication to defending unpopular speech and promoting a more equitable society.
Free Speech Challenges
The conversation delves into the nuances surrounding free speech and its legal boundaries, notably that no rights are absolute. Wyner elaborates on limitations such as inciting violence or making true threats that can legally restrict speech. The discussion raises concerns about misinformation and disinformation, revealing that the law generally protects the right to express falsehoods unless they cause tangible harm. This complexity illustrates why legal definitions alone cannot adequately address modern challenges to free expression.
Platform Responsibility and Censorship
Wisner discusses the distinction between traditional publishers and social media platforms, focusing on their responsibilities related to content moderation. Unlike conventional media that exercises editorial control, social networks prioritize user-generated content, leading to unique challenges in managing hate speech and misinformation. This distinction raises concerns about the extent of censorship under private ownership and the implications for free expression. The dialogue emphasizes the tension between allowing free speech and the responsibilities of tech companies in moderating content.
The Impact of Misinformation
The implications of political speech, misinformation, and public trust are explored, particularly in the context of COVID-19 discussions. The speakers emphasize the complexities of trust in institutions and the consequences of misleading information during crises. The dialogue highlights the broader societal dangers of misinformation and call for persuasion over censorship as a strategy to regain public trust. This exchange reflects the need for thoughtful engagement in conversations surrounding contentious topics, essential for fostering understanding and minimizing division.
I was looking for some certainty around the tough issues of censorship and misinformation — legal definitions, rules, and clear lines — so I called Ben Wizner, a lawyer with the ACLU and the director of its Speech, Privacy, and Technology Project. I’d hoped we’d have a Free Speech 101–type conversation, with tidy resolutions and a clear path forward. But what I suspected, and Ben confirmed, is that the law gives us very few answers to the hardest questions that we have. So in this episode, the two of us grapple with issues of balance and boundaries, unpacking the harms that speech can cause and the harms that censorship can cause. I’m glad that we had over an hour to talk, because as tempting as it is to approach issues like this with firm certainty or with 140 characters, it’s much more important to unpack the nuances and unlock the opportunity for growth and learning.