From a Wealthy Socialite to an Israeli Govt Censor, Facebook’s New “Free Speech Court” Is Anything but Independent

Judges of little character

Thorning-Schmidt’s insensitive moment at the laying-in-state of one of the most significant figures of the 20th century may be less damning to her presence on a social media oversight board than the tax-evasion scandal involving her husband – a British MP –, which ended up costing her re-election. When confronted over the accusations, she retorted that if her intention had really been to evade taxes, she would have done so “much more elegantly.” Despite these questionable instances and her reputation as an “extravagant” woman with expensive tastes, Thorning-Schmidt remains among the least objectionable figures on the oversight board.

Emi Palmor, for example, presents a much more alarming profile. One of 16 non-chair members of the board, Palmor is a former General Director of the Israeli Ministry of Justice, she was directly responsible for the removal of tens of thousands of Palestinian posts from Facebook. Before being fired from that job, Palmor had created the so-called “Internet Referral Unit” at the ministry; a cybersecurity team that deliberately targeted and took down the aforementioned content, and whose nomination to the Facebook oversight board was loudly protested by pro-Palestinian advocacy groups back in May.

Inviting a literal state censor from a country with such an atrocious record of oppression and overt ethnic cleansing policies to serve in a supervisory role at one of the largest content networks in the world, should be reason enough for concern. Perhaps, even reason enough to call for the board’s dissolution given that such an egregious choice of personnel reveals an unacceptable political bias in an ostensibly impartial quasi-judicial body.

A clear agenda

A look at the other co-chairs on the oversight board leaves no doubt as to which interests Facebook intends to further through its sham social media traffic court. It might not be a surprise to learn that an American company would tap American legal minds to form part of a dispute resolution body, as Jamal Greene, an oversight board co-chair, describes it.

Greene is a Dwight Professor of Law Columbia Law School who served as an aide to Sen. Kamala Harris during the highly-controversial Senate confirmation hearings of Justice Brett Kavanaugh. Prior to this, he was a law clerk for late Supreme Court Justice John Paul Stevens, who wrote the 1997 Internet decency controls decision that shot down legislation that sought to regulate online speech. An auspicious sign, perhaps, but tempered by Steven’s own pragmatist views on free speech, leaving the door open to context when protecting the “public interest” surrounding the first amendment.

Sitting alongside Greene and Helle Thorning-Schmidt on the oversight board’s co-chairmanship is Michael McConnell; a constitutional law scholar who served seven years as a judge on the United States Court of Appeals for the Tenth Circuit court. McConnell wrote the dissenting opinion in the seminal “Ten Commandments” case, which centered around the government’s authority to decide which monuments can be erected in a public park.

Judge McConnell, who has been floated as a potential Supreme Court nominee more than once and is “highly regarded for his writing on church-state law,” argued in favor of the government’s discretionary powers, claiming that private donations to public facilities – like the ten commandments monument in a public park in Utah, that spurred the case – became “government speech” and, therefore within the purview of governmental authority.

Rounding out the co-chair suite is Catalina Botero Marino, a Colombian attorney and former special rapporteur for freedom of expression at the Organization of American States (OAS); an organization well-known for being Washington’s mouthpiece for D.C.-aligned policy in Latin America.

Botero expressed her position on the very topic she will be dealing with first-hand in her new position as co-chair of the Facebook oversight board in a 2019 paper titled “Towards an Internet Free of Censorship: standards, contexts, and lessons from the Inter-American Human Rights System.” In it, Botero reveals why she was tapped to join the make-shift panel of social media judges when she defines freedom of expression as “individual and collective self-government” and highlights her “utmost concern” over the “deliberately false circulation of information, created and put into circulation with the purpose of deceiving the public” in electoral processes.

Feature photo | Graphic by MintPress News

First Published at https://www.mintpressnews.com/facebook-free-speech-court-oversight-board-independent/272330/