Well, no, they didn't claim that. They claimed the two tweets, taken together, were the straw that broke the camel's back.
And, yes, I think you could reasonably make the claim that the tweets were innocuous if you throw out the context of the President inciting a violent insurrection on Congress. But, we don't have to blind ourselves to that prior context. Given it, and given the way a number of people received those comments and have been actively organizing for violence around the inauguration since then, it doesn't seem to be to be a close call.
Taken together primarily, along with numerous other tweets in secondary. It wasn't just those two.
1. The president did not incite violent insurrection.
2. None of the presidents actions meet the legal standard for incitement. Full Stop.
3. None of the presidents actions meet the commonly understood definition of incitement. Full Stop.
I think an argument could be made for 1. I’d struggle with 2 or 3. IANAL but let’s consider:
> So we’re going to, we’re going to walk down Pennsylvania Avenue, I love Pennsylvania Avenue, and we’re going to the Capitol and we’re going to try and give… The Democrats are hopeless. They’re never voting for anything, not even one vote. But we’re going to try and give our Republicans, the weak ones, because the strong ones don’t need any of our help, we’re going to try and give them the kind of pride and boldness that they need to take back our country.
> So let’s walk down Pennsylvania Avenue. I want to thank you all. God bless you and God bless America. Thank you all for being here, this is incredible. Thank you very much. Thank you.
Enough with the gaslighting - this was entirely justified.
In fact I don’t like the tone of your comment and I feel it might be setting some people off.
How about we keep the responsibility with the people actually physically doing the crime. People make their own decisions.
Your logic would dictate the person doing the crime takes no responsibility since they were incited into doing it.
That's false. The standards for incitement according to the SCOTUS are defined in the Brandenburg Test and are _famously_ narrow. They include a subjective test of the speaker's intent, and an objective test.
- Subjective: Speech is "directed to inciting or producing imminent lawless action" (this means, was the speaker intending to produce imminent lawless action).
- Objective: Speech is "likely to incite or produce such action"
In an incitement case here, the objective test is absolutely easy. The crowd broken into the halls of the Capitol, violently disrupted a session of Congress, and killed a police officer. Any lawyer would have no problem arguing in court that the speech that morning was "likely" to incite imminent lawless action.
The harder test is the subjective test of the speaker's intent. Here, we need to show that Donald Trump intended to incite imminent lawless action. That's typically a very hard test, because we can't read minds. But we can use circumstantial† evidence to piece together enough of a picture to allow a jury to convict.
† circumstantial evidence is used all the time to determine intent for crimes in courtrooms all over the United States, and is completely valid evidence. Don't raise "but that's circumstantial!" as a defense, because circumstantial evidence is completely valid.
By your logic a mafia don who says "it'd be a lot better if [enemy boss] wasn't alive" resulting in an assassination didn't incite violence, and the responsibility should lie with the "people who did the crime" because people make their own decisions. This is a colossally stupid take.
Your post is full of straw man arguments and I'm not sure if you're being intentionally disingenuous, or just have a very poor understanding of political events in general and Twitter's ability to moderate their own platform. Come back if you want to have a real discussion.
Twitter is being prodded by government officials and working in monopolistic collusion your silly claim about it being a private entity is completely moot. If this is the road you want the US to do down you reap what you sow.
Consider this example.
John fired Andrew from the job. And told him, please do whatever you want to get your job back. Andrew took his shotgun and killed ten top managers.
Deaths of ten people is a direct consequence of John actions. John actions might be irresponsible, but was not inciting violence.
Same way Capitol hill events were a direct consequence of Trump actions, but Trump did not incite violence.
In a way, all political advocacy consists of incitement of violence. Any law not ultimately backed up by the credible threat of violence is just a suggestion. If you don't pay your taxes for long enough, eventually federal agents with guns will come to take you to jail, and if you resist, they'll kill you.
That was the second of two tweets, that they are taking together. This was the other
"The 75,000,000 great American Patriots who voted for me, AMERICA FIRST, and MAKE AMERICA GREAT AGAIN, will have a GIANT VOICE long into the future. They will not be disrespected or treated unfairly in any way, shape or form!!!”
They explain the context and how these tweets are being interpreted.
"The 75,000,000 great American Patriots who voted for me, AMERICA FIRST, and MAKE AMERICA GREAT AGAIN, will have a GIANT VOICE long into the future. They will not be disrespected or treated unfairly in any way, shape or form!!!
"To all of those who have asked, I will not be going to the Inauguration on January 20th."
I fail to see the issue with these tweets. He is not planning to attend an inauguration because he will not be inaugurated President? Is that such a huge problem? Is it even something that the incoming President was requesting? And what is the issue with the other tweet?
This is a bizarre hill that Twitter chose to spend 10% of their market cap on. It seems like there must have been something else that they could have picked that would have made more sense.
The problem is the totality of his behavior. Watch the first 20 minutes of this: https://www.youtube.com/watch?v=_6uSYhyFao4
- President Trump’s statement that he will not be attending the Inauguration is being received by a number of his supporters as further confirmation that the election was not legitimate and is seen as him disavowing his previous claim made via two Tweets (1, 2) by his Deputy Chief of Staff, Dan Scavino, that there would be an “orderly transition” on January 20th.
- The second Tweet may also serve as encouragement to those potentially considering violent acts that the Inauguration would be a “safe” target, as he will not be attending.
- The use of the words “American Patriots” to describe some of his supporters is also being interpreted as support for those committing violent acts at the US Capitol.
- The mention of his supporters having a “GIANT VOICE long into the future” and that “They will not be disrespected or treated unfairly in any way, shape or form!!!” is being interpreted as further indication that President Trump does not plan to facilitate an “orderly transition” and instead that he plans to continue to support, empower, and shield those who believe he won the election.
- Plans for future armed protests have already begun proliferating on and off-Twitter, including a proposed secondary attack on the US Capitol and state capitol buildings on January 17, 2021.
> He is not planning to attend an inauguration because he will not be inaugurated President? Is that such a huge problem?
It's pretty significant as it hasn't happened since 1869.
John Lennon was murdered because of how someone interpreted Catcher In the Rye. Do we need to lock up Salinger for inciting violence too?
This is patently disingenuous. Twitter didn't jail the President for inciting violence. They said he wasn't allowed to Tweet anymore.
Could the publisher of Catcher in the Rye have decided to stop publishing it based on that? Yes, they could.
You're also willfully ignoring the fact that _just before_ those tweets the President had incited a violent insurrection that attacked Congress and then praised them saying: "we love you" and "you're special". As I said before, we don't have to be blind to the prior context. This reductionist thinking that we must take these two tweets entirely on their own and devoid of context isn't something I'm going to participate in.
And we have a justice system to deal with insurrectionists and we have a democratic process with our elected representatives to remove leaders from office. This involves due process and respecting rights honed over 200 years of jurisprudence. It's not done in a corporate backroom by a couple executives with zero public accountability.
Would you be equally supportive if Twitter had deployed a private army of mercenaries to police the Capitol? What's happening here is the digital equivalent. You're busy thanking them because you support what they did. Some of us are stepping back and asking the question: wait, who controls these soldiers and what checks and balances are there on their power to police us? It turns out Twitter owns them and the checks and balances are none. If that doesn't concern you then you're missing the big picture.
I'm done with this conversation as it doesn't seem to be productive or in good faith.
It’s clear that once something like a violent insurrection happens the companies previously giving a platform to the one who incited the insurrection are going to give a lot less leeway on anything he says.
Seems odd that this is seemingly hard to understand. If the violence didn’t happen, and he wrote those two tweets he’d still be on Twitter.
But it did happen and that’s changed the game
Lots of violence happened during the protests this summer too. Should we assume that everyone tweeting about being peaceful then was also sending coded messages supporting the violence?
Are we really going to go with the logic that violence occurred, therefore anything tweeted prior to the violence was an incitement to the violence? And if it appeared to say the opposite of that, then it was actually a coded message that means whatever is politically convenient for us to have it mean?
Propaganda over the ages has been studied very closely, there are known techniques. His incitement speech was a textbook example [1]. Why on earth would anyone give him the benefit of the doubt? He’s a wannabe tyrant.
[1] https://twitter.com/sethabramson/status/1347908845281095680 - A good deep dive on his incitement speech
So you're comparing the insurrection that happened last week, in a mature, functioning democracy to the overthrow of rule-from-afar by a king? Are you sure that a violent insurrection in America, today, could be a good thing? An insurrection is usually to replace the embedded status quo. What should democracy be replaced with that's better? Do you believe totalitarianism/fascism is really a better system? Because that appears to be Trump's preferred system of government.
> I don't trust that Trump incited the violence
He staged a rally called the "Save America March" with a speech loaded with violent imagery and threats to "weak republicans" with phrases like "We have someone in there who should not be in there and our country will be destroyed and we're not going to stand for that" with repeated phrases like "fight like hell", giving the impression that there were similar marches around the country, etc. etc. all carefully crafted to make it seem like today was the day that, if the mob didn't do something about it, they would lose democracy itself. Making it appear that the election was still ongoing, putting it in the present tense, and that in 1 hour's time, it would all be over. He even laid out plans for what he would do in office going forward, like a State of the Union speech. It was all timed to finish 45 minutes before the electoral college votes were due to be counted.
This was after Guiliani had called for "trial by combat".
If you haven't seen the full transcript of his speech, I would encourage you to dig it out. The incitement is absolutely plain as day. It's textbook propaganda and was designed to rile up the crowd to believe they, the "real Americans" (like Hitler's "real Germans"), could stop what he was decrying as a fraudulent election.
I get it that if you're a Trump fan or a Republican, you may be willing to give more of a benefit of the doubt. But to a non-partisan (I'm not American, but deeply concerned by what I can see from my part of the world) it's plain as day.
I'm neither.
>But to a non-partisan (I'm not American, but deeply concerned by what I can see from my part of the world) it's plain as day.
I am an American, non-partisan, who shares mutual deep concern.
So it is spectacularly, flagrantly, and most of all utterly unconvincing to suggest that he - I don't know - misspoke? Didn't mean it? Was widely and unfortunately misinterpreted by an angry crowd he just happened find himself in front of with kindness and good will to all men in his heart?
None of that is even remotely plausible.
Twitter, Amazon, Facebook, etc are perfectly justified in shutting him up, for the safety of all Americans, and very possibly the rest of the world.
Once we've dealt with this threat, we can come back and have a debate about media control in all of its forms. And when we do that we can include the trad media too, because they have a lot to answer for.
But for now there are more pressing problems. Whether or not Twitter did the right thing isn't anywhere close to the top of the list.
[1] https://www.nbcnews.com/politics/2016-election/trump-warns-s...
A tech company banning a user isn’t equivalent to a new law on the statute either.
If a handful of corporations with mostly homogeneous ideologies control who is allowed to talk to the public, then we don't have any real choice when it comes time to vote. We only get to choose from a pre-approved list of options that all have to conform to whatever Twitter and Facebook deem is acceptable. Twitter and Facebook et al are unelected and accountable to no one. That's not democracy. That's a corporate dictatorship with sham elections.
I really haven't. Trump is the only western leader to have been banned from the mainstream social media platforms. You can't claim this is the thin end of the wedge, this is a reaction [by those platforms] to the risks to western democracy in its entirety. They gave him four years of rope to hang himself with, it was only a direct attack on democracy itself that caused this action.
> If a handful of corporations with mostly homogeneous ideologies control who is allowed to talk to the public, then we don't have any real choice when it comes time to vote.
Trump has all the means of communication that any previous president has had. All he has to do is stand at a lectern and talk and it will be broadcast on national television.
Again, he wouldn't have lost the access that he had if he hadn't tried to directly attack the entire system of democracy itself. All the other lies he's told over the years were allowed to be seen.
> corporate dictatorship
That's a laughable leap, sorry. If he hadn't incited a violent insurrection, and if he wasn't a few days away from the end of his tenure then we wouldn't be having this conversation.
Let me put this another way. Do you think everybody, no matter what harms they cause, deserve a voice on all platforms? Would you expect Twitter to host the voice of Hitler?
Ultimately, they are private companies, they have no obligation to balance, fairness, access. It seems the state forcing corporations to do their bidding would be far more of a slippery slope than the president, who has tried to actually destroy democratic process, being banned from a platform.
How is it it's clear to so many people on the left that Trump was inciting violence, when that wasn't the case for most of his supporters?
I mean it's not like the guy ever killed anyone. /s
It comes off like this statement is what big tech really has a problem with.
I'm all for prosecuting people and groups that have actually committed violence. In the court system, not by unaccountable decrees from the billionaire ruling class, and not with collateral damage involving thousands of innocent people.
I say this living in Seattle. Nobody burned down my city. Chaz was pretty interesting; I visited and talked to people there. It was not a threat to the Union. :)
The things you seem to think are abundantly clear are not clear to people who lived through the events you’re hearing about.
Now personally I took more umbrage with the fact that he hadn't been kicked off previously, I personally Don't think that the previous comments should have ever been allowed to be made on the platform since he should have been removed for TOS violations.
Also for those asking how this should impact businesses going forward, a smart company should have a mitigation plan in place for any similar issue. It would have been strange if this was the first occurrence, but just look back a few years for 8Chan. This isn't the first time, especially for an application that a bunch of the users had used since QAnon had gone there previously.
You switched it to talking about on what grounds Twitter might refuse service to the President of a country or other powerful person. Which you got lots of takers to discuss that, but it seems like a very different discussion to me.
Trump: "I totally disagree with the outcome of the election [...] there will be an orderly transition [...] I will not be going to the Inauguration"
Twitter's interpretation: I don't think the election is legitimate, therefore I disavow my statement that the transition will be orderly, therefore you should commit violence. Also, since I won't be at the inauguration, you're free to do terrorism there without risk of harming me personally.
When President Trump published this tweet, he knew full well extremists are actively planning to attack the inauguration on January 20th.
There isn't a clear, objective bar in this kind of situation. Jack Dorsey, Tim Cook, Sundar Pichai, Mark Zuckerberg, and Jeff Bezos each decided for themselves if they were willing to stand by and allow Trump and Parler to continue along the path of inciting violence on January 20th.
Context which "everyone knows" is a political question - a highly political question. If AWS happens to have a similar standard to Twitter then the only way for a business to figure out if it is in breach is by experiment, and AWS just showed it can pull the plug in days with apparently no warning.
[0] https://blog.twitter.com/en_us/topics/company/2020/suspensio...