Can Free Speech Survive The Social

Media Mob?Scott Berkun

@berkun / scottberkun.com#SMSCSEA, at Seattle City Hall, 1/22/14

Thursday, January 23, 14

Image from The Virgin Queen, BBC 2005, Part 1

Thursday, January 23, 14

"...an immoral union, an uneven yoking of the clean ox to the unclean ass, a thing forbidden in the law."

- John Stubbs

From his pamphlet titled:

The Discovery of a Gaping Gulf whereunto England is like to be swallowed by another French Marriage, if the Lord forbid not the banns, by letting her Majesty see the sin and punishment thereof (1579).

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Q: Can Free Speech Survive The Social

Media Mob?

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YES.

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If you are willing to pay the price no one can stop you

from speaking or acting freely

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Writers in Exile / Anonymous

• Thomas Paine, (Common Sense) A

• John Adams, Henry Adams, Benjamin Franklin A

• Hemingway (Sun Also Rises) E

• Voltaire (Various) E

• Einstein, (Manhattan Project Letter) E

• Oscar Wilde, (Importance of Being Ernest) E

• Victor Hugo, (Les Miserables) E

• Dante (The Divine Comedy) E

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6 questions1. How has new media changed access to expression?

2. How has this made things better?

3. How has this made things worse?

4. What new challenges are we facing? (and what can we learn from how we adjusted to previous media innovations?)

5. What implications does all this have for individuals?

6. What implications does all this have for leaders, corporations and governments?

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First AmendmentCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

(45 / ~5000 words in entire Constitution)

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Who is in charge?

WE ARE!

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Then why does it suck?

Because WE’RE CRAZY.

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Examples of human failings

• We behave emotionally but judge others rationally

• We complain about trash media, but are addicted to it

• We mostly preach about practicing what we preach

• Are easily offended yet surprised by outrage of others

• We have dain bramage: cognitive biases, memory is a hack, the amygdala runs the show

• Religious factionalism, double standards, memories of convenience, egoism

• We are lazy as most of you probably skipped down here

• Columbus was an asshole (why does he still have a holiday?)

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Romanticized history of human nature: U.S. 1800 election

• Jefferson's camp accused President Adams of having a "hideous hermaphroditical character, which has neither the force and firmness of a man, nor the gentleness and sensibility of a woman."

• Adams' men called Vice President Jefferson "a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw, sired by a Virginia mulatto father."

http://www.cnn.com/2008/LIVING/wayoflife/08/22/mf.campaign.slurs.slogans/

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YELLOW JOURNALISM

a type of journalism that presents little or no legitimate well-researched news and instead uses eye-catching headlines to sell more newspapers. Techniques may include exaggerations of news events, scandal-mongering, or sensationalism

[Source:Wikipedia]

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YELLOW TWEETING

a type of social media that presents little or no legitimate well-researched news and instead uses

eye-catching headlines to gain more traffic: techniques may include exaggerations of news events, scandal-mongering, or sensationalism

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Misinformation lives on forever, fueled by our desire for efficiency

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We rarely check sources, provide references, or verify facts, a

fundamental process of protecting against misinformation

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Be the change you wish to see in the world.

– Gandhi (?)

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“Be yourself; everyone else is already taken.”

– Misattributed Oscar Wilde

“Be the change you wish to see in the world.”

– Misattributed to Mahatma Gandhi

 

“Don’t cry because it’s over, smile because it happened.”

– Misattributed Dr. Seuss

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Story that fits agenda

Story that fits agenda

Story that fits agenda

Story that fits agenda

Story that fits?

Story that fits agenda

Advocacy & Confirmation Bias

“is there a way to tell a the story or omit facts

so that it does fit?”

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Challenge our own biases:

How might I be getting this wrong?

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To say “RT is not an endorsement” means you don’t understand what

the word endorsement means

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Levels of endorsement• “I read it and think it is good”

• “I read it and find it interesting in some fashion even if I disagree with some or all of it”

• “This is horrible and disgusting but important for you to see anyway”

• “I’m guessing it’s worthy by the title even though I know titles are generally misleading but I’m sharing it with you anyway” (WTF?)

• “I’m not spreading this” (This is the only one that’s not an endorsement of any kind)

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More accurate profile disclaimers

“I RT things I have not read”

“I RT some things I don’t agree with”

“I am an attention manwhore who shares any trash that will get me more followers”

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Case Studies

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TextTextTextText

AIDS joke

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Donglegate

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Newtown shootings

http://publiceditor.blogs.nytimes.com/2012/12/17/errors-in-newtown-shootings-coverage-reflect-growing-pressures/

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Zimmerman / Martin case

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Boston marathon Bombing

http://blog.reddit.com/2013/04/reflections-on-recent-boston-crisis.html

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“Around 7pm on Thursday night, social media sites like Twitter and Reddit lit up with a sensational rumor: that Sunil Tripathi, a student who had vanished weeks ago, was one of the suspects accused of bombing the Boston Marathon... Sunil's sister Sangeeta Tripathi said in an interview yesterday. "Those night hours were horrible.”

http://www.independent.co.uk/news/world/americas/boston-marathon-bombings-how-twitter-and-reddit-got-it-wrong-8581167.html

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#amazonfail

http://www.shirky.com/weblog/2009/04/the-failure-of-amazonfail/

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Post on personal FB page

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Fire Lyndsey Stone FB page

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There is long history of attack cartooning of public figures

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What’s new is ordinary citizens who publish sometimes enter the public

sphere unintentionally

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Example Poster Initial Target

AIDS joke Threatened, apologized, fired N/A

Donglegate Threatened, site hacked, fired Fired (1/2) & Apologized

Boston Correction wrongly harassed

Newtown Correction wrongly harassed

Spike Lee Apologized wrongly harassed

#amazonfail Apologized Apologized

Silence & Respect Apologized, Fired N/A

Quick summary of case studies*

*Each of these cases is complex and this chart only serves as a brief introduction

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1. How has new media changed access?

• Unprecedented speed and access = fast, free publishing of anything from anywhere

• An idealist’s dream: we can see everyone!

• A cynics nightmare: we can see everyone!

• Anyone who publishes can become a media target

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Freedom of speech works both ways. If you publish you will possibly be

criticized by people who:

• Know nothing about you

• Have an opposing agenda

• Will take your work out of context

• Are not very smart

• Are not very nice

• And make unfair arguments

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Welcome to your species!

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2./3. How is it better and worse?

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Technology is amoral: no tool cares what you use it for

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More people can share more ___ things faster

(good, bad, mean, friendly, genuine, helpful, offensive, safe, provocative...)

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“Mob mentality” or community?

• When part of a group people lose self-awareness.

• Being in a group heightens emotional states

• Behaviors normally believed to be unacceptable become acceptable when within a group performing them

• People feel anonymous within a large group, defusing natural sense of responsibility and accountability

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The line is crossed when...

• Threats are made (violence)

• Efforts are made to suppress the free speech of others (Donglegate)

• It’s unamerican to want to take away another American’s right to speak

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Story that fits agenda

Story that fits agenda

Story that fits agenda

Story that fits agenda

Story that fits?

Story that fits agenda

Advocacy & Confirmation Bias

“is there a way to tell the story or omit facts

so that it does fit?”

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4. What new challenges are we facing?

• They’re old challenges rediscovered

• More of us are exposed to them

• Children have more tech savvy than their parents

• It’s not a technological problem (will we ever learn this?)

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4. What new challenges are we facing?

• We can be exposed to threats from people we’ve never met

• Public figures have always had hate mail, but now ordinary citizens are exposed

• Most people don’t realize threats are exceptions to free speech:

http://en.wikipedia.org/wiki/United_States_free_speech_exceptions

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5. Implications for you

• Read what you RT / Share

• Ask “what is the source?”

• Don’t tweet and run

• No drunk tweeting

• Prepare to be taken out of context

• The law always trails society (by design!)

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We are empowered but unaware of the consequences• Being taken out of context (This comes

with the territory if you publish anything anywhere)

• Skimming / Blind RT contributes to poor context (Arguably Twitter itself too)

• Casual vs. Formal: publishing has different implications when consumed by public at large

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6. Implications for organizations

• It’d be nice, for once, for a company to stand behind an employee

• But organizations are not obligated to protect free speech

• Define clear policy on distinguishing the personal from the professional (enforcing is another matter)

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References, pt 1• The Next Civil Rights Issue: Why Women Aren't Welcome on the Internet - Pacific Standard: The Science of

Society

• U.S. court says 'Liking' something on Facebook is free speech - CNN.com

• The War Over Free Speech, Harassment, and Trolls Hits Another Social-Media Site | Mother Jones

• Be careful what you post: Social media and freedom of speech | | Campbell Law ObserverCampbell Law Observer

• Natasha Leggero's Stunning 'Not Sorry' Response Over Controversial Pearl Harbor Joke

• Don't Ignore the Trolls. Feed Them Until They Explode.

• Bill Keller's Column on Cancer: A Reaction : The New Yorker

• Guardian Deletes Column About a Cancer Patient - NYTimes.com

• Dear Bill Keller: I Have Cancer. Is That OK?

• The problem with retweets & how journalists can solve it | Poynter.

• Lindsey Stone: Woman Fired For Posting Facebook Photo of Her Flipping off Tomb of Unknown Soldier | BostInno

• Fired Over Facebook: 13 Posts That Got People CANNED

• Fired Over Twitter: 13 Tweets That Got People CANNED

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References, pt 2• www.ca6.uscourts.gov/opinions.pdf/12a0286p-06.pdf

• Carpet Bombing: How One Business Is Trying to Get Rid of Bad Reviews - NYTimes.com

• Teen in jail for months over 'sarcastic' Facebook threat - CNN.com

• Threats, abuse part of ‘online life’ for women | Toronto Star

• Twitter harassment case lands in Toronto court - Toronto - CBC News

• Woman testifies at alleged Twitter harasser’s trial | 680News

• Dennis Markuze - RationalWiki

• Facebook Posting That Someone Has Herpes Is Criminal Harassment–Pennsylvania v. Cox | Technology & Marketing Law Blog

• Judge: Prosecution of Online Critic Under Anti-Stalking Law Is Unconstitutional | Electronic Frontier Foundation

• Court Finds Juvenile Delinquent Based on Allegedly Offensive Instant Messages — In re Alex C. | Technology & Marketing Law Blog

• Washington State 'Cyberstalking' Case Based on Unconstitutional Law | Electronic Frontier Foundation

• People still don't understand social media behavior affects jobs | Digital Trends

• Free Speech Does Not Include The Right to Be Free of Criticism | Popehat

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Image credits / References• Graffiti wall (title slide), http://www.flickr.com/photos/shankbone/

4955978850/

• Stubb’s hand, http://www.allposters.com/-sp/Stubbs-Has-His-Hand-Cut-Off-1521-Posters_i7686190_.htm

• Finger in pond / ripples, http://www.flickr.com/photos/adge/526869934/

• Lyin‘ King http://politicalhumor.about.com/library/blclintonlyinking.htm

• Join or Die http://en.wikipedia.org/wiki/File:Benjamin_Franklin_-_Join_or_Die.jpg

• Paint the Town Red, http://en.wikipedia.org/wiki/File:%22I%27ll_paint_the_town_red%22,_political_cartoon,_1885.jpg

• King Arthur sword, http://upload.wikimedia.org/wikipedia/commons/0/03/The_Boy_s_King_Arthur-74.jpg

• Mob behavior explained: http://healthpsychologyconsultancy.wordpress.com/2011/08/09/the-psychology-of-the-mob-mentality/

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Thank You.Questions?

Scott Berkun@berkun / scottberkun.com

Thursday, January 23, 14