Congratulations to Elon Musk. He’s managed to get both the left and right furious with him over the course of a single week. He took a victory lap himself over this on Thursday, tweeting, “Being attacked by both right & left simultaneously is a good sign.”
Ironically, left, right, and Elon Musk himself are wrong about content moderation on Twitter being “a free speech issue.” Twitter is and always has been private property, even when it was publicly traded. It is not “the new public square.” This is commie talk.
Now, many would argue that the people previously running Twitter were communists themselves. There is good evidence this is true, including the admission by one of Twitter’s employees to a Project Veritas undercover journalist that the Twitter workforce is “commie as f—.” But the personal views of the employees, executive or otherwise, is not at issue. The company was and is privately owned by its shareholders.
That the platform is widely popular has given rise to the notion, especially among those aggrieved by being censored or banned, that one has a right to be on the platform and express one’s views, based on a right to free speech. Musk says he bought the platform to protect free speech on this supposedly “public forum.”
What do you expect from a self-described socialist?
What is a Twitter account?
Let’s take a moment to consider what is a Twitter account. A Twitter account is a bundle of code, residing on a physical server, created and maintained by Twitter employees. It interacts with various applications that combine to make up the Twitter platform, all also created and maintained by Twitter employees or vendors.
In other words, the Twitter platform, each individual Twitter account, and all the other software and hardware that combine to make Twitter run are the products of the labor of other people. Ultimately, all this labor is paid for by private owners just like the labor in a clothing factory or a supermarket. And no one can have a “right” to the labor of other people.
By way of preemption, please spare me the “but it uses tax funded infrastructure to operate!” I shouldn’t have to point out that if one applies that standard across the board to all businesses the commies win. I’m all for abolishing publicly funded infrastructure and making every business provide their own, but until that happens, I want as much private property and capitalism as possible.
Every argument against government healthcare or the welfare state in general rests upon the principle that no person can have a right to the labor of another. There is no ambiguity here. You don’t have a right to a Twitter account. Period.
Corporatism vs. Captialism
When I make this argument, I’m often told by midwits I don’t understand the difference between corporatism and capitalism. The thrust of this argument is that the existence of the regulatory state, particularly the FCC and other federal agencies, create a government-controlled market that gives advantages to preferred corporations over others. I am very aware of this argument and agree wholeheartedly. I’ve written extensively about the damage FDR’s New Deal continues to do to the American business environment.
The problem is that argument doesn’t apply to this situation. Nothing stopped me from joining MeWe, Parler, Gab, Gettr, or even former President Trump’s own platform, Truth Social. If the 74 million people who voted for Trump did likewise, then every one of those platforms would have more U.S. users than Twitter, which has 70 million.
Instead, these same people cry out for the government to regulate Twitter like a public utility – most of which are terrible precisely because they’re regulated like public utilities – rather than simply availing themselves of the costless opportunity to create accounts on competing platforms.
They also have the prerogative of deleting their accounts on Twitter, Facebook, or any other platform whose policies offend them. If they could all coordinate their activities to vote for Donald Trump on the same day, they could certainly coordinate their activities to delete their Facebook accounts on the same day. This would deal a devastating blow to the platform without an iota of government intervention, which would do no good and much harm anyway.
The Public Accommodation Concept
The idea that private companies which sell products to the public or “accommodate” the public on their premises are subject to government regulation of their policies has its roots, at least in this country, in the civil rights movement of the mid-20th century. And as almost everyone conveniently forgets, that civil rights movement was dominated by socialists and communists.
That’s not to say there wasn’t a problem that needed to be addressed, but the communists, following the advice of Marcuse and other critical theorists, made sure they dominated the movement as a front in the war to abolish capitalism. That is why it is not surprising that the idea of “public accommodation” was central to the solution they came up with.
If you can’t abolish private property – the communists’ ultimate goal – the next best thing is to water it down. And that’s just what the public accommodation concept did. It made private property not entirely private anymore since the owner could no longer dispose of it as he or she saw fit. It was now at least partially owned by the public, since the public could override the owners’ decisions about who was allowed on the property.
The 1964 Civil Rights Act works just fine without Titles II and VII. The market certainly would solve the problem of discrimination on private property. In fact, it had already begun to do so, even in the Deep South, as evidenced by the existence of Jim Crow laws prohibiting integration. Had some restaurants and other hospitality businesses not tried to integrate, there would have been no need of passing those laws in the first place.
Both partisan censorship and racial discrimination on private property are odious. The latter was arguably much worse, since as long as I tweet or post like a good little commie, Twitter and Facebook will let me remain on their platforms. But a black man in 1960 Alabama wasn’t staying at a restricted hotel no matter what he said or did, even if his only other choice was to sleep in a morgue with the stiffs.
Regardless, it is a property owner’s unqualified right to exclude anyone he or she wants. Once you begin making exceptions, you are working with the communists, intentionally or not, to dilute private ownership itself.
A Colossal Strategic Error
The Civil Rights Act didn’t stop with racial discrimination. Once the boundaries of private property had been breached, the government charged in to start making all sorts of other rules. The public accommodation concept underlies the Americans with Disabilities Act, which required every business at the time to make physical changes to their properties to accommodate people with disabilities, whether they could afford to or not. Those that couldn’t went out of business.
Everything people despise about the modern office environment, with its ludicrous rules purporting to prevent sexual harassment, racial discrimination, age discrimination, or any number of other supposed offenses, all spring from the idea that the owners of businesses that serve the public don’t have all the rights of other property owners.
It also underpins the Christian baker being forced to bake the gay wedding cake. It’s all the same principle.
One could argue social media is already even worse, and that its stifling environment is the result of government coercion. I don’t agree for two reasons.
First, speech on social media platforms is still far freer than it is in any corporate office. I have facetiously lamented many times that I had never been suspended or even warned by a single platform during my illustrious, anti-government career (I recently erased this black mark from my record). In the corporate world, I would have been called into HR and/or fired for hundreds of the things I’ve said on Twitter and Facebook this year alone.
Second, I don’t believe the executives at Facebook or Twitter feel coerced by the government. Libertarians would like to believe they do, but an honest evaluation of Mark Zuckerberg’s comments about being contacted by the FBI before banning the Hunter Biden laptop story can only conclude he welcomes the FBI partnership. Note that they didn’t have to tell him what specific content to ban. Zuck wasn’t intimidated at all. It was more like, “Thanks for the heads up, we’re on it!”
The argument that there is anything to be done about social media censorship is an argument that unregulated markets don’t work. Anarcho-capitalists especially should agree with this. Does anyone think that in a society without government censorship wouldn’t exist? Of course it would. The same impulses that motivate governments to censor and people to support governments censoring would motivate people in anarchatopia. There would be only one solution there: the market.
And I’m sorry, it is not good enough to rant against social media censorship as a free speech issue and mumble under one’s breath or in the fine print that one does not want government intervention against it. Libertarians should know full well that 95% of the people listening will assume they do.
Neither are the arguments that social media companies “aren’t really private companies” helpful to our cause. Let’s be honest. These are just rationalizations for infringing their property rights. And our enemies already have plenty of those. They don’t need our help.
All arguing the free speech or “public square” angle does is help build the consensus the commies will use for the next great incursion into private property. There is nothing to gain by making these arguments and plenty to lose.
Hampered as it is, the market still provides ample opportunity for people to fight social media censorship without infringing the property rights of those perpetrating it. Anyone making this a free speech issue is both mistaken in principle and playing right into the hands of the communists. If you believe in private property and freedom, this is an opportunity to champion it in the face of adversity. Waffling now will be disastrous.
Tom Mullen is the author of It’s the Fed, Stupid and Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty, and the Pursuit of Happiness?
