STEVE: WELCOME BACK OVER AND
OVER AGAIN WE HEAR THE
ESTABLISHMENT DEFENDING
COLLUSION SAYING IT DOES NOT
APPLY TO THE COMPANIES BUT
ELON MUSK SAYS IT IS A FIRST
AMENDMENT MATTER BUT THE FIRST
ONE TO MAKE THAT ARGUMENT WAS
IN "THE WALL STREET JOURNAL"
TWO YEARS AGO.
THE FOUNDER STRIVE CAPITAL AND
THE FOUNDER OF WOKE INK THAT
ALSO HAS A BEARING ON THIS.
I’M DELIGHTED HE CAN BE WITH
US TODAY.
SO TO MAKE THE CASE ABOUT WHY
THIS REALLY IS THE FIRST
AMENDMENT MATTER.
>> CLASSICALLY THE ARGUMENT IS
PRIVATE COMPANIES ARE FREE TO
DECIDE WHAT DOES AND DOES NOT
SHOW UP ON THE WEBSITE.
THAT IS TRUE BUT THE ARGUMENT
GOES AWAY IF THEY ARE DOING
THE BIDDING OF STATE ACTORS
WITH THE CASE LOT IF THEY ARE
EITHER COERCED OR ENGAGED OF
WILLFUL PARTICIPATION THAT IS
COORDINATING ACTIVITIES OR IF
THEY ARE RESPONDING TO
INDUCEMENT, ANYONE CAN CONVERT
THE ACTION INTO THE ACTION OF
THE GOVERNMENT FOR CONSTITUTIONAL PURPOSES
CONSTITUTIONAL PURPOSES
BASICALLY SAYING STATE ACTION
IN DISGUISE IN THE
CONSTITUTION STILL APPLIES THE
GOVERNMENT CANNOT DELEGATE THE
DIRTY WORK TO THE PRIVATE
SECTOR WHAT IT CANNOT DO
THROUGH THE FRONT DOOR UNDER
THE CONSTITUTION THAT INCLUDES
A FIRST AMENDMENT VIOLATION.
THAT IS THE ARGUMENT IN
GENERAL FORM.
TO BE CLEAR THAT
COUNTERARGUMENT IS PRESIDENT
BIDEN WAS NOT ACTUALLY
PRESIDENT BIDEN.
THAT IS THE NEW ONES.
STEVE: PUT UP THE TWEET FROM
THE CONGRESSMAN FROM
CALIFORNIA HE SAID I AM
TELLING YOU ELON MUSK TO PUT
THIS ON TWITTER.
I AM IN THE GOVERNMENT THAT
DOES NOT CONSTITUTE FIRST
AMENDMENT ISSUE IT IS A
PRIVATE COMPANY.
HE SAYS JUST TELLING THE
COMPANY IS NOT ENOUGH.
>> THERE CAN BE ANY ONE OF
THREE STANDARDS.
GOVERNMENT PRESSURING
COMPANIES ARE OFFERING INDUCEMENTS AND THE TWO WERE
INDUCEMENTS AND THE TWO WERE
PUT TOGETHER.
SO YEARS AGO THERE IS A CASE
OF A BOOKSTORE OWNER WHO
DIDN’T WANT TO SELL A BOOK.
NOT BECAUSE THEY THREATENED
THEM AND SAID IF YOU SELL IT
HE WILL GET INTO TROUBLE AND
THE SUPREME COURT SO THAT IS
THE ACTION OF THE GOVERNMENT
ACTING BASED ON PRESSURE FROM
THE GOVERNMENT.
THERE IS ANOTHER CASE THAT
RAILROAD SAID GIVING FULL
IMMUNITY TO RAILROADS THEY
COULD SEARCH PASSENGERS EVEN
THOUGH THE GOVERNMENT COULD
NOT.
THE SUPREME COURT SAID NO
BECAUSE THAT IS THE INDUCEMENT
TO DO WITH THE GOVERNMENT
COULD NOT DO AND THAT’S
EXACTLY HOW SECTION 230 WORKS
WITH COMPANIES GETTING
IMMUNITY.
MULTIPLE PRONGS ACTUALLY
UNDERSTAND THE CONSTITUTION
BETTER WHEN WE READ THAT CASE
LAW.
THERE CAN BE STATE ACTION IN
DISGUISE IF THEY ARE
COORDINATING WITH A PRIVATE
ACTOR ON -- THE PRIVATE
ACTORS.
STEVE: WOKE CAPITAL.
THAT PLAYS A ROLE WITH THE
ADVERTISERS LEAVING TWITTER NOW TALKED ABOUT THE PRESSURE
NOW TALKED ABOUT THE PRESSURE
THEY PUT ON THE PLATFORMS TO
CENSOR THAT’S A BIG PART OF
THE STORY.
>> A HUGE PART.
IT IS ABOUT THE WEAPONIZATION
OF CAPITAL.
WHETHER A DEMOCRAT OR
REPUBLICAN DEMOCRATS DID NOT
LIKE THE WEAPONIZATION BACK IN
THE CITIZENS UNITED ERA IT’S
NOT LEFT-WING OR RIGHT-WING AS
1776 ISSUE LIVING IN A
SELF-GOVERNING DEMOCRACY WERE
PEOPLE DECIDE WHAT THE RIGHT
ANSWERS ARE TWO POLITICAL
QUESTIONS OR DO WE LIVE IN THE AUTOCRATIC AUTOCRACY WITH
AUTOCRATIC AUTOCRACY WITH
STATE PILLOW.
WHEN YOU HEAR THE TERM BOOK
CAPITALISM AND IT HAS BEEN
OVERUSED THAT IS THE ISSUES
SEPARATING THE TWO TO PRESERVE
THE POWER OF EACH.
THAT IS WHAT THE EXPERIMENT IS
ALL ABOUT AND THE FOUNDATIONAL ISSUE OF OUR TIME.
ISSUE OF OUR TIME.
MAKING SURE GOVERNMENT COMING