Brownstone Institute
How the EU is Forcing Twitter to Censor (and Musk Can’t Stop It)
Twitter is obviously at the center of what is commonly known as “Big Tech censorship.” It has been busily using the censorship tools at its disposal – from removing or quarantining tweets to surreptitiously “deboosting” them (shadow-banning) to outright account suspension – for at least two years now. And those who have managed to remain on the platform will have noticed a sharp upturn in its censorship activities starting last summer.
For most of this time, the main focus of Twitter censorship has, of course, been supposed “Covid-19 disinformation.” By now, almost all the most influential advocates of early treatment or critics of Covid-19 vaccines on Twitter have had their accounts suspended, and most have not made it back.
The list of the permanently suspended includes such prominent voices as Robert Malone, Steve Kirsch, Daniel Horowitz, Nick Hudson, Anthony Hinton, Jessica Rose, Naomi Wolf, and, most recently, Peter McCullough.
And myriad smaller accounts have met the same fate for committing such thought crimes as suggesting that the myocarditis risk of both mRNA vaccines (Moderna and BioNTech/Pfizer) outstrips any benefit or pointing to mRNA instability and its unknown consequences for safety and efficacy.
But why in the world would Twitter censor such content? The expression “Big Tech censorship” implies that Twitter et al. are censoring of their own accord, which invariably elicits the retort that, well, they are private companies, so they can do what they want. But why would they want to?
The notion that it is because the denizens of Silicon Valley are “leftists” or “liberals” is clearly not very helpful. They may well be. But whether mRNA vaccines are safe and effective, as advertised, is a factual matter, not an ideological one. And, in any case, the purpose of private for-profit corporations is, needless to say, to make a profit. The motto of the shareholder is not “Workers of the World Unite!” but “Pecunia non olet:” money doesn’t stink. Shareholders expect management to create value, not destroy it.
But what Twitter is doing by censoring is precisely subverting its own business model, thus undermining profitability and putting downward pressure on share price. Free speech is obviously the lifeblood of every social media. Censored speech – like the tweets of a Robert Malone or a Peter McCullough or, for that matter, a Donald Trump – translates into lost traffic for the platform. And traffic is, of course, the key to monetizing unrestricted online content.
We could call this the “Twitter conundrum.” On the one hand, there is no way that Twitter could possibly “want” to censor Covid dissident voices, or indeed any voices, and thus restrict its own traffic. But, on the other hand, if it fails to do so, it risks incurring massive fines of up to 6% of turnover, which would likely represent a deathblow to a company that already has not turned a profit since 2019. Twitter, in effect, has a financial gun to its head: censor or else.
Wait, what? There has been much talk recently of the Biden administration exerting informal pressure on Twitter and other social media to censor unwelcome content and voices, and lawsuits have even been launched against the government for infringing the alleged victims’ 1st Amendment rights. But all that such pressure appears thus far to have consisted of are some chummy nudges in emails.
There has surely not been any threat of fines. How could there be without a law authorizing the executive branch to impose them? And such a law would be blatantly unconstitutional, since precisely what the 1st Amendment states concerning freedom of speech is that “Congress shall make no law…abridging” it.
But there’s the rub. Congress, needless to say, has not made any such law. But what if a foreign power made such a law and it de facto abridged the freedom of speech also of Americans?
Unbeknownst to most Americans, this has in fact occurred and their 1st Amendment rights are being vitiated, namely, by the European Union. There is a financial gun pointed at Twitter. But it is not the Biden administration, but rather the European Commission, under the leadership of Commission president Ursula von der Leyen, that has its finger on the trigger.
The law in question is the EU’s Digital Services Act (DSA), which was passed by the European Parliament last July 5 amidst almost total indifference – in Europe as much as in the United States – despite its momentous and disastrous implications for freedom of speech worldwide.
The DSA gives the European Commission the power to impose fines of up to 6% of global turnover on “very large online platforms or very large online search engines” that it finds to be non-compliant with its censorship requirements. “Very large” is defined as any platform or search engine that has over 45 million users in the EU. Note that while the size criterion is limited to users in the EU, the sanction is based precisely on the company’s global turnover.
The DSA has been designed to function in combination with the EU’s so-called Code of Practice on Disinformation: an ostensibly voluntary code for “combatting disinformation” – aka censoring – that was originally launched in 2018 and of which Twitter, Facebook/Meta and Google/YouTube are all signatories.
But with the passage of the DSA, the Code of Practice is evidently not so “voluntary” anymore. There is no need for complex legal analyses to show that the sanction provisions in the DSA are intended as the enforcement mechanism for the Code of Practice. The European Commission has said so itself – and in a tweet no less!
In fact, the Code has never really been all that voluntary. The Commission had already made its desire to “tame” the US tech giants known previously, and it had already flexed its muscles, imposing massive fines on Google and Facebook for other alleged offenses.
Moreover, it has been brandishing the threat of the DSA fines since December 2020, when it first put forward the DSA legislation. (In the European Union, the Commission, the EU’s executive branch, has sole authority to initiate legislation. Quaint American notions like the separation of powers are not a thing in the EU.) The eventual passage of the legislation by the parliament has always been treated as a mere formality. Indeed, the above-cited tweet was posted on June 16 of this year, three weeks before the parliament voted on the law!
Curiously, the publication of the draft legislation coincided with the authorization and subsequent rollout of the first Covid-19 vaccines in the EU: the legislation was unveiled on December 15 and the first Covid-19 vaccine, that of BioNTech and Pfizer, was authorized by the Commission just six days later. Vaccine skeptics or critics would quickly become the principal target of EU-driven online censorship thereafter.
Six months earlier, in June 2020, the Commission had already placed the focus of the Code firmly on alleged “Covid-19 disinformation” by launching a so-called Fighting COVID-19 Disinformation Monitoring Programme, in which all Code signatories were expected to participate. Some attempts had already been made at monitoring compliance with the Code, and signatories were expected to submit annual reports. But, as part of the Covid-19 monitoring program, signatories were now required – “voluntarily,” of course – to submit monthly reports to the Commission specifically dedicated to their Covid-19-related censorship efforts. The rhythm of submission was subsequently scaled back to bimonthly.
Twitter’s reports, for example, contain detailed statistics on Covid-related content removal and account suspensions. The below chart, showing the evolution of these numbers from February 2021 (shortly after vaccine rollout) through April 2022, is taken from Twitter’s latest available report from June of this year.
Note that the data concerns content removed and accounts suspended globally: i.e. Twitter’s efforts to satisfy the Commission’s censorship expectations do not only affect the accounts of users based in the EU, but of users all around the world.
The fact that many, if not most, of the accounts that have been suspended in this connection were written in English raises particularly troubling issues. In the aftermath of Brexit, after all, only around 1.5% of the EU’s population are native English speakers! Even supposing that policing speech was a good thing, what business does the EU have policing speech, or requiring social media platforms to police speech, in English, any more, say, than in Urdu or Arabic?
The Twitter report and those of other Code signatories can be downloaded here. If the numbers were to be continued, they would undoubtedly show a sharp upturn in censorship activities starting in late June/early July. Twitter users interested in the subject could not help but have noticed the massive purge of Covid dissident accounts that occurred over the summer.
And this upturn was in fact entirely to be expected, since on June 16 – the day the European Commission posted its warning to online platforms reproduced above and three weeks before the passage of the DSA – the Commission announced the adoption of a new, “strengthened” Code of Practice on Disinformation.
The timing was surely not coincidental. Rather, the adoption of the “strengthened” Code of Practice and the passage of the DSA served as a kind of one-two punch, putting “very large online platforms and search engines” – Twitter, Meta/Facebook and Google/YouTube, in particular – on notice about what would be in store for them if they failed to fulfill the EU’s censorship requirements.
Not only does the new Code contain no less than 44 “commitments” that signatories are expected to meet, but it also contains a deadline for meeting them: namely, six months after signature of the Code (cf. paragraph 1(o)). For original signatories of the new Code like Twitter, Meta and Google, this would bring us, namely to December. Hence, the sudden rush of Twitter et al. to prove their censorship bona fides.
The “strengthened” Code was supposedly written by the signatories themselves, but under extensive “guidance” from the European Commission that was first made available in May 2021. Chillingly, the Commission “guidance” refers to the kind of censorship data presented above as “key performance indicators” (pp. 21f). (Different euphemisms are used in the Code itself.)
As part of the new Code, moreover, signatories will participate in a “permanent task-force” chaired by the European Commission and that will also include “representatives of the European External Action Service,” i.e. the EU’s foreign service (Commitment 37).
Think about this for a moment. For the last several months, American commentators have been up in arms about occasional, informal contacts between social media companies and the Biden administration, whereas those same companies have been systematically reporting back to the European Commission on their censorship efforts for the last two years now and they will henceforth be part of a permanent task force on “combatting disinformation” – aka censoring — chaired by the European Commission.
While the former may or may not constitute collusion, the latter is obviously something much more than mere collusion. It is a matter of explicit EU policy and law that directly subordinates online platforms to the Commission’s censorship agenda and requires them to implement it on pain of ruinous fines.
Note that the DSA gives the Commission “exclusive” – in effect, dictatorial – powers to determine compliance and to apply sanction. For the online platforms, the Commission is judge, jury and executioner.
Again, there is no need to enter into the tortuous details of the legislative text to show this. All official EU pronouncements on the DSA highlight the fact. See here, for instance, from the parliament’s Internal Market Committee, which notes that the Commission will also be able to “inspect a platform’s premises and get access to its databases and algorithms.”
Does anyone really imagine that the Biden administration has anything remotely like this sort of capacity to direct the actions of online platforms? Make no mistake about it. Twitter censorship is government censorship. But the government in question is not the US government, but rather the European Union, and the EU is, in effect, imposing its censorship on the entire world.
Those hoping that Elon Musk’s buying Twitter, if it does indeed come to pass, will put an end to Twitter censorship are going to be in for a rude awakening. Elon Musk will be facing the same conundrum as Twitter’s present management and will be just as much hostage to the EU’s censorship requirements.
Lest there be any doubt about this, consider the below video, which, despite the forced smiles, has indeed something of the feel of a hostage video. In early May – just a couple of weeks after Twitter accepted Musk’s original purchase offer and, yet again, before the European parliament had even had the opportunity to vote on the DSA – the EU’s Internal Market Commissioner Thierry Breton traveled to Austin, Texas, to explain the “new regulation” to Musk.
Breton then memorialized Musk’s cringeworthy submission to the EU’s demands in the video posted on his Twitter feed.
Author
From the Brownstone Institute
By 
Who Controls the Administrative State?
President Trump on March 20, 2025, ordered the following: “The Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education.”
That is interesting language: to “take all necessary steps to facilitate the closure” is not the same as closing it. And what is “permitted by law” is precisely what is in dispute.
It is meant to feel like abolition, and the media reported it as such, but it is not even close. This is not Trump’s fault. The supposed authoritarian has his hands tied in many directions, even over agencies he supposedly controls, the actions of which he must ultimately bear responsibility.
The Department of Education is an executive agency, created by Congress in 1979. Trump wants it gone forever. So do his voters. Can he do that? No but can he destaff the place and scatter its functions? No one knows for sure. Who decides? Presumably the highest court, eventually.
How this is decided – whether the president is actually in charge or really just a symbolic figure like the King of Sweden – affects not just this one destructive agency but hundreds more. Indeed, the fate of the whole of freedom and functioning of constitutional republics may depend on the answer.
All burning questions of politics today turn on who or what is in charge of the administrative state. No one knows the answer and this is for a reason. The main functioning of the modern state falls to a beast that does not exist in the Constitution.
The public mind has never had great love for bureaucracies. Consistent with Max Weber’s worry, they have put society in an impenetrable “iron cage” built of bloodless rationalism, needling edicts, corporatist corruption, and never-ending empire-building checked by neither budgetary restraint nor plebiscite.
Today’s full consciousness of the authority and ubiquity of the administrative state is rather new. The term itself is a mouthful and doesn’t come close to describing the breadth and depth of the problem, including its root systems and retail branches. The new awareness is that neither the people nor their elected representatives are really in charge of the regime under which we live, which betrays the whole political promise of the Enlightenment.
This dawning awareness is probably 100 years late. The machinery of what is popularly known as the “deep state” – I’ve argued there are deep, middle, and shallow layers – has been growing in the US since the inception of the civil service in 1883 and thoroughly entrenched over two world wars and countless crises at home and abroad.
The edifice of compulsion and control is indescribably huge. No one can agree precisely on how many agencies there are or how many people work for them, much less how many institutions and individuals work on contract for them, either directly or indirectly. And that is just the public face; the subterranean branch is far more elusive.
The revolt against them all came with the Covid controls, when everyone was surrounded on all sides by forces outside our purview and about which the politicians knew not much at all. Then those same institutional forces appear to be involved in overturning the rule of a very popular politician whom they tried to stop from gaining a second term.
The combination of this series of outrages – what Jefferson in his Declaration called “a long train of abuses and usurpations, pursuing invariably the same Object” – has led to a torrent of awareness. This has translated into political action.
A distinguishing mark of Trump’s second term has been an optically concerted effort, at least initially, to take control of and then curb administrative state power, more so than any executive in living memory. At every step in these efforts, there has been some barrier, even many on all sides.
There are at least 100 legal challenges making their way through courts. District judges are striking down Trump’s ability to fire workers, redirect funding, curb responsibilities, and otherwise change the way they do business.
Even the signature early achievement of DOGE – the shuttering of USAID – has been stopped by a judge with an attempt to reverse it. A judge has even dared tell the Trump administration who it can and cannot hire at USAID.
Not a day goes by when the New York Times does not manufacture some maudlin defense of the put-upon minions of the tax-funded managerial class. In this worldview, the agencies are always right, whereas any elected or appointed person seeking to rein them in or terminate them is attacking the public interest.
After all, as it turns out, legacy media and the administrative state have worked together for at least a century to cobble together what was conventionally called “the news.” Where would the NYT or the whole legacy media otherwise be?
So ferocious has been the pushback against even the paltry successes and often cosmetic reforms of MAGA/MAHA/DOGE that vigilantes have engaged in terrorism against Teslas and their owners. Not even returning astronauts from being “lost in space” has redeemed Elon Musk from the wrath of the ruling class. Hating him and his companies is the “new thing” for NPCs, on a long list that began with masks, shots, supporting Ukraine, and surgical rights for gender dysphoria.
What is really at stake, more so than any issue in American life (and this applies to states around the world) – far more than any ideological battles over left and right, red and blue, or race and class – is the status, power, and security of the administrative state itself and all its works.
We claim to support democracy yet all the while, empires of command-and-control have arisen among us. The victims have only one mechanism available to fight back: the vote. Can that work? We do not yet know. This question will likely be decided by the highest court.
All of which is awkward. It is impossible to get around this US government organizational chart. All but a handful of agencies live under the category of the executive branch. Article 2, Section 1, says: “The executive Power shall be vested in a President of the United States of America.”
Does the president control the whole of the executive branch in a meaningful way? One would think so. It’s impossible to understand how it could be otherwise. The chief executive is…the chief executive. He is held responsible for what these agencies do – we certainly blasted away at the Trump administration in the first term for everything that happened under his watch. In that case, and if the buck really does stop at the Oval Office desk, the president must have some modicum of control beyond the ability to tag a marionette to get the best parking spot at the agency.
What is the alternative to presidential oversight and management of the agencies listed in this branch of government? They run themselves? That claim means nothing in practice.
For an agency to be deemed “independent” turns out to mean codependency with the industries regulated, subsidized, penalized, or otherwise impacted by its operations. HUD does housing development, FDA does pharmaceuticals, DOA does farming, DOL does unions, DOE does oil and turbines, DOD does tanks and bombs, FAA does airlines, and so on It goes forever.
That’s what “independence” means in practice: total acquiescence to industrial cartels, trade groups, and behind-the-scenes systems of payola, blackmail, and graft, while the powerless among the people live with the results. This much we have learned and cannot unlearn.
That is precisely the problem that cries out for a solution. The solution of elections seems reasonable only if the people we elected actually have the authority over the thing they seek to reform.
There are criticisms of the idea of executive control of executive agencies, which is really nothing other than the system the Founders established.
First, conceding more power to the president raises fears that he will behave like a dictator, a fear that is legitimate. Partisan supporters of Trump won’t be happy when the precedent is cited to reverse Trump’s political priorities and the agencies turn on red-state voters in revenge.
That problem is solved by dismantling agency power itself, which, interestingly, is mostly what Trump’s executive orders have sought to achieve and which the courts and media have worked to stop.
Second, one worries about the return of the “spoils system,” the supposedly corrupt system by which the president hands out favors to friends in the form of emoluments, a practice the establishment of the civil service was supposed to stop.
In reality, the new system of the early 20th century fixed nothing but only added another layer, a permanent ruling class to participate more fully in a new type of spoils system that operated now under the cloak of science and efficiency.
Honestly, can we really compare the petty thievery of Tammany Hall to the global depredations of USAID?
Third, it is said that presidential control of agencies threatens to erode checks and balances. The obvious response is the organizational chart above. That happened long ago as Congress created and funded agency after agency from the Wilson to the Biden administration, all under executive control.
Congress perhaps wanted the administrative state to be an unannounced and unaccountable fourth branch, but nothing in the founding documents created or imagined such a thing.
If you are worried about being dominated and destroyed by a ravenous beast, the best approach is not to adopt one, feed it to adulthood, train it to attack and eat people, and then unleash it.
The Covid years taught us to fear the power of the agencies and those who control them not just nationally but globally. The question now is two-fold: what can be done about it and how to get from here to there?
Trump’s executive order on the Department of Education illustrates the point precisely. His administration is so uncertain of what it does and can control, even of agencies that are wholly executive agencies, listed clearly under the heading of executive agencies, that it has to dodge and weave practical and legal barriers and land mines, even in its own supposed executive pronouncements, even to urge what might amount to be minor reforms.
Whoever is in charge of such a system, it is clearly not the people.
Author
From the Brownstone Institute
What War Means
My mother once told me how my father still woke up screaming in the night years after I was born, decades after the Second World War (WWII) ended. I had not known – probably like most children of those who fought. For him, it was visions of his friends going down in burning aircraft – other bombers of his squadron off north Australia – and to be helpless, watching, as they burnt and fell. Few born after that war could really appreciate what their fathers, and mothers, went through.
Early in the movie Saving Private Ryan, there is an extended D-Day scene of the front doors of the landing craft opening on the Normandy beaches, and all those inside being torn apart by bullets. It happens to one landing craft after another. Bankers, teachers, students, and farmers being ripped in pieces and their guts spilling out whilst they, still alive, call for help that cannot come. That is what happens when a machine gun opens up through the open door of a landing craft, or an armored personnel carrier, of a group sent to secure a tree line.
It is what a lot of politicians are calling for now.
People with shares in the arms industry become a little richer every time one of those shells is fired and has to be replaced. They gain financially, and often politically, from bodies being ripped open. This is what we call war. It is increasingly popular as a political strategy, though generally for others and the children of others.
Of course, the effects of war go beyond the dismembering and lonely death of many of those fighting. Massacres of civilians and rape of women can become common, as brutality enables humans to be seen as unwanted objects. If all this sounds abstract, apply it to your loved ones and think what that would mean.
I believe there can be just wars, and this is not a discussion about the evil of war, or who is right or wrong in current wars. Just a recognition that war is something worth avoiding, despite its apparent popularity amongst many leaders and our media.
The EU Reverses Its Focus
When the Brexit vote determined that Britain would leave the European Union (EU), I, like many, despaired. We should learn from history, and the EU’s existence had coincided with the longest period of peace between Western European States in well over 2,000 years.
Leaving the EU seemed to be risking this success. Surely, it is better to work together, to talk and cooperate with old enemies, in a constructive way? The media, and the political left, center, and much of the right seemed at that time, all of nine years ago, to agree. Or so the story went.
We now face a new reality as the EU leadership scrambles to justify continuing a war. Not only continuing, but they had been staunchly refusing to even countenance discussion on ending the killing. It has taken a new regime from across the ocean, a subject of European mockery, to do that.
In Europe, and in parts of American politics, something is going on that is very different from the question of whether current wars are just or unjust. It is an apparent belief that advocacy for continued war is virtuous. Talking to leaders of an opposing country in a war that is killing Europeans by the tens of thousands has been seen as traitorous. Those proposing to view the issues from both sides are somehow “far right.”
The EU, once intended as an instrument to end war, now has a European rearmament strategy. The irony seems lost on both its leaders and its media. Arguments such as “peace through strength” are pathetic when accompanied by censorship, propaganda, and a refusal to talk.
As US Vice-President JD Vance recently asked European leaders, what values are they actually defending?
Europe’s Need for Outside Help
A lack of experience of war does not seem sufficient to explain the current enthusiasm to continue them. Architects of WWII in Europe had certainly experienced the carnage of the First World War. Apart from the financial incentives that human slaughter can bring, there are also political ideologies that enable the mass death of others to be turned into an abstract and even positive idea.
Those dying must be seen to be from a different class, of different intelligence, or otherwise justifiable fodder to feed the cause of the Rules-Based Order or whatever other slogan can distinguish an ‘us’ from a ‘them’…While the current incarnation seems more of a class thing than a geographical or nationalistic one, European history is ripe with variations of both.
Europe appears to be back where it used to be, the aristocracy burning the serfs when not visiting each other’s clubs. Shallow thinking has the day, and the media have adapted themselves accordingly. Democracy means ensuring that only the right people get into power.
Dismembered European corpses and terrorized children are just part of maintaining this ideological purity. War is acceptable once more. Let’s hope such leaders and ideologies can be sidelined by those beyond Europe who are willing to give peace a chance.
There is no virtue in the promotion of mass death. Europe, with its leadership, will benefit from outside help and basic education. It would benefit even further from leadership that values the lives of its people.
Author
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