
On August 1, Maryland resident Korryn Gaines began an armed standoff with police after they came to her apartment to serve a traffic warrant and she refused to let them in. And then she began recording the events and posting them online on Facebook and Instagram. Hours in, frustrated officers (who were not wearing body cameras) asked Facebook to turn off the switch to her accounts. . And then officers shot and killed Gainesleaving no digital record of her death.
Today we work, live and speak in a digital world. Mobile phones and Twitter have replaced megaphones and town greens. But something funny happens on the way to this (digital) forum: we must first step onto private property to make our voices heard. Before your voice is heard online, you must depend on a private companyusually, a social media platformto faithfully publish your post.
Images on social media have enormous power. Which is why we need to ensure that private companies cant turn off the switch whenever they choose.
The current vitality of todays Black Lives Matter movement has in part been fueled by the onslaught of repeated, searing images of police shooting unarmed people of color. Feidin Santana shot the harrowing cell phone of Walter Scotts killing by a Charleston police officerand then connected with Black Lives Matter activists on social media to share the video. After Freddie Grays death, activists in Baltimore stormed the streetsand their protests on Periscope (so successfully that mainstream media offered a to the best livestreams). The traumatizing videos of Alton Sterlings killing were by activists on Twitter. No viewer can forget the FacebookLive Lavish Reynolds posted of the shooting death of her boyfriend Philando Castile.
Adjectives cannot capture the horror of these videos or the sickening feeling that results from witnessing the routine killing of Black people by agents of the state. But in addition to being nauseating, tragic, appalling, and graphic, they are something else: indispensable.
These videos leave no plausible deniability about the reality of being policed while Black in America. For too long, Black people have had complaints of abusive policing dismissed as being paranoid and exaggerated. These videos have served as bitter affirmation of long-expressed concerns. This stream of visual proof has contributed to a new civil rights movement for the 21st century. Black Lives Matter activists have added their invaluable voices to the crusade for racial justice and police accountability, their activism powered by hashtags and livestreams. As a result, we have begun to see some glimmers of change in policing policy. For example, the DOJ just issued a about racial bias in Baltimores policing, and announced a to track the number of killings at the hands of police.
In short, this revolution is in the televising.
Which is why the Korryn Gaines shooting should make us all stop and think about how it is televised. It is a stark reminder that each of the powerful images and videos that have lent fire to the movement for police accountability relied on a private company to make them public. Periscope, Facebook, Twitter, YouTubeyou name it: They set the rules for publishing speech, and set norms for public debate. Social media companies enjoy power over our speech previously held only by government.
Unfortunately, they also a staggering amount of speech. The First Amendment generally does not constrain private companies as it does government, so our constitutional right of free speech offers little protection from digital censorship. And that matters.
In the Gaines case, its why Facebook granted law enforcements request: the companys justification for this kind of account shut-off appears to be lumped into the vague category of emergency disclosures. Of course, shutting down an account is the opposite of disclosure. What if the officers who stopped and killed Philando Castile had made a request to shut down Ms. Reynolds live-feed? The public would have been deprived of a video of immense public concern and impact. For just this reason, the 勛圖眻畦 has been at the forefront of securing the First Amendment right to record police engaged in their public duties. Indeed, the 勛圖眻畦 promotes our own Mobile Justice App to help civilian journalists exercise their constitutional right to document police encounters. Social media companies eager to cooperate with law enforcement requests should not be permitted to veto that right.
We must be active consumers, and demand at least three things from our social media platforms in exchange for choosing their services: transparency, consistency, and due process. Our Northern California affiliate has put together a phenomenal to help social media companies to get these balances just right.
- Transparency. Companies must be very clear about what content they either turn over or take down at the request of law enforcement. As internet privacy activist Lauren Weinstein has , customers deserve detailed, granular policies that put them on real notice about whether and when their speech can be silenced, hidden, or shared.
- . Broad company policies that permit interpretation and ad hoc application mean that censorship decisions are political. If social media companies are more likely to grant content takedown requests from law enforcement, that becomes a statement of position in the police accountability debate.
- . You should have a right to know why your speech was censoredand to press an appeal if you think its wrong.
These principles are not just vital for preserving the role of speech in assuring justice and accountability, theyre good for the corporate bottom line. We all want a forum for our speech that 餃棗梗莽紳t have a secret mute button. And if and when a secret mute button is pushed, social media companies need to know that this will affect their businessand understand that they are choosing a political role, intentionally or not, in the campaign to document and publicize government abuse.
The Gaines situation can serve a clarion call to companies to prepare for exactly this kind of situationspecifically and transparentlyso that they dont risk becoming glorified propaganda wings of the state.