from the free-speech-relativism dept
When Trump officials want to censor speech, they don’t quite say “we want to censor speech” (after all, they pretend to be the party that “brought free speech back.”) Instead, they find ways to threaten organizations by pretending it’s got nothing to do with the content, even as they can’t hide their true intentions and motives. And so we have DC US Attorney Ed Martin, who has decided that the real problem with Wikipedia isn’t its content — it’s its tax status… based on its content.
This latest move follows Martin’s established pattern of constitutional violations, including investigating protected speech by Congress members, attacking the Associated Press, and probing medical journals over their editorial policies.
But his attack on Wikipedia represents something even more dangerous: a federal prosecutor attempting to control how the internet’s largest collaborative knowledge platform manages its content.
The way this works is pretty straightforward: First, you find some pretext to investigate. Then you write a threatening letter. Then you leak that letter to a friendly media outlet. In this case, Martin sent his letter to The Free Press, a publication that has spent years warning about government censorship — at least when they pretend Democrats do it. The letter reads in part:
It has come to my attention that the Wikimedia Foundation, through its wholly owned subsidiary Wikipedia, is allowing foreign actors to manipulate information and spread propaganda to the American public. Wikipedia is permitting information manipulation on its platform, including the rewriting of key, historical events and biographical information of current and previous American leaders, as well as other matters implicating the national security and the interests of the United States. Masking propaganda that influences public opinion under the guise of providing informational material is antithetical to Wikimedia’s “educational” mission.
In addition, Wikipedia’s operations are directed by its board that is composed primarily of foreign nationals, subverting the interests of American taxpayers. Again, educational content is directionally neutral; but information received by my Office demonstrates that Wikipedia’s informational management policies benefit foreign powers
There’s more in there, including complaints about how AI tools train on Wikipedia, suggesting (ridiculously) that this might implicate Wikipedia if “foreign actors” are able to “launder information” into AI systems. And the letter threatens to revoke Wikpedia’s non-profit status (something the IRS would normally investigate, not the US Attorney for DC).
There are also demands to know details about Wikpedia’s editorial processes and how it handles trust & safety. Just imagine the freakout that would occur (probably led by The Free Press) if a US Attorney during the Biden admin had demanded to know Fox News’ editorial policies and standards and practices, while claiming that they were letting too much propaganda online. The screaming would never stop.
Indeed, what Martin is doing here represents exactly the kind of government interference in editorial decisions that free speech advocates have been warning about. But where are those voices now?
During the Biden administration, we were told over and over again by the MAGA faithful that literally any communication between an internet platform and federal law enforcement, especially regarding trust & safety practices, was the biggest threat to free speech ever.
To understand why this matters, we need to talk about Missouri v. Biden, a lawsuit that made it all the way to the Supreme Court (as Murthy v. Missouri). The case was basically about whether government officials could talk to social media companies about content moderation without violating the First Amendment. The summary, as the Supreme Court noted, affirming earlier cases, is that the government can absolutely talk to social media companies to share information. What it cannot do is threaten or coerce the platforms for their editorial decisions.
Which is exactly what Martin is doing here.
Even though the Supreme Court debunked all the lies in its ruling in the case, the MAGA universe (along with hangers-on like Matt Taibbi and Michael Shellenberger) insisted that they were evidence of a huge attack on free speech: the Biden administration sometimes talking to social media companies about their content moderation practices.
The original district court ruling in the case, by (Trump-appointed) Judge Terry Doughty, had soaring language like the following:
Plaintiffs have put forth ample evidence regarding extensive federal censorship that restricts the free flow of information on social-media platforms used by millions of Missourians and Louisianians, and very substantial segments of the populations of Missouri, Louisiana, and every other State
That “extensive federal censorship” was based off of very weak claims of federal officials sometimes reaching out to social media platforms to highlight certain content or to ask if certain things violated their policies. And it was treated as a five-alarm fire. As the Supreme Court noted, the actions of the Biden White House did not appear at all coercive or threatening.
That’s very, very different from what’s happening here. Here we have the top DC prosecutor clearly threatening Wikipedia over editorial decisions — and, not even editorial decisions of its employees, but the site’s volunteer editors. In other words, Wikipedia is clearly protected under Section 230 for such edits.
It seems likely that Martin (or someone in his office) then leaked the letter to The Free Press, a publication that has built its brand on warning about government censorship. The same publication that ran breathless stories about the Biden administration’s supposedly coercive communications with social media platforms. The same outlet whose writer, Rupa Subramanya, dramatically testified to Congress’ subcommittee on the “weaponization” of the government, about the horrors of government censorship… in Canada.
Let’s look at her testimony, which Republican Jim Jordan gleefully presented as a warning about Democratic censorship:
I’d like all of you to think of me as a time traveler from the not too distant future coming back to the present to offer you a glimpse of what could lie ahead for America.
I live in a time in which, in the name of fairness, you can’t share the stories you write for my news publication on social media.
[….]
I live in a time in which, in the name of safety, you can be arrested for exercising your right to peaceful protest if you happen to be protesting the wrong thing.
That dystopian future she warned about? It’s here. People are not just being arrested but actually deported for peaceful protests. And The Free Press’s response to this actual censorship? Crickets.
This fits a pattern that Peter Shamshiri recently documented in his analysis of The Free Press’s selective outrage. When it comes to actual censorship from the Trump administration, The Free Press has developed a curious case of writer’s block:
The problem they face is that their brand is predicated on directing overwrought skepticism toward the left and childlike credulousness toward the right. That may have worked in 2021, when it could be pitched as a sort of half-baked contrarianism. But now, with the Trump administration embracing overt authoritarianism, it’s a little embarrassing.
He notes that while they have a “Free Speech” section, almost none of it is covering the attacks on free speech from the Trump administration. Yes, The Free Press published this story, but it didn’t put it in the “Free Speech” section and doesn’t treat it as the massive First Amendment violation it absolutely is. It quotes a “person close to Martin” multiple times, suggesting that Martin’s office leaked this directly to Weiss, knowing The Free Press wouldn’t call out what bullshit it is.
Want to see this double standard in action? Let’s play a quick game of “spot the difference” between how The Free Press covers different types of government intervention. Here’s their headline for Martin’s Wikipedia threat:
And here’s how they covered various aspects of the Murthy case:
And right before the election, the Free Press published a story about “Elon Musk, Mark Zuckerberg and Our Government Censors” about the case, claiming that Kamala Harris would definitely abuse her powers as President to censor people online and holding up Musk as an example of someone who would fight for free speech.
What are the chances that a President Kamala Harris would resist pressuring social media companies into censorship? Based on her record: Not great.
Looking over that author’s writings since Trump took office, she’s written excitedly and supportively about Trump trying to harm transgender youth and the movie When Harry Met Sally. The fact that the Trump administration has been issuing censorship decrees from almost all corners of the executive branch is apparently not worth mentioning.
So here’s where we are: A federal prosecutor is directly threatening Wikipedia’s editorial independence. This is not the information sharing found in the details of the Twitter Files and the Murthy case (which the Supreme Court just said was fine), but explicit threats about their tax status and demands about their editorial policies.
This is, quite literally, the exact kind of government censorship that The Free Press had been warning about. The kind they said would inevitably come from a Democratic administration. The kind they said justified extraordinary measures to “protect free speech.”
Yet their coverage reads like a press release from Martin’s office, repeatedly citing “a person close to Martin” (which is often how media will represent the person themselves, who asks the journalist not to quote them directly):
“Masking propaganda that influences public opinion under the guise of providing informational material is antithetical to Wikimedia’s ‘educational’ mission,” Martin wrote in the letter, claiming his office received information showing that Wikipedia’s “policies benefit foreign powers.” ….
The letter did not specify which foreign actors were manipulating information on Wikipedia and did not cite examples of alleged propaganda. However, a person close to Martin said he is concerned about “edits on Wikipedia as they relate to the Israel-Hamas conflict that are clearly targeted against Israel to benefit other countries.”
They even helpfully note that Wikipedia “fundraises in the district” — as if that somehow justifies a US Attorney threatening their First Amendment rights.
But what’s clear is that this is about one thing only: Wikipedia allowing content Martin doesn’t like.
Even if Wikipedia’s content was biased (it isn’t), even if every editor was actively trying to push an anti-Israel narrative (they aren’t), that would still be protected by the First Amendment. The government doesn’t get to threaten organizations over their editorial choices, no matter how much certain prosecutors or publications might dislike those choices.
The Free Press spent years insisting that mundane communications between the Biden administration and social media companies represented an existential threat to free speech. Now faced with actual government censorship — explicit threats from a federal prosecutor over editorial decisions — they’re treating it as just another political story.
Filed Under: 1st amendment, bias, content moderation, ed martin, editorial policies, free speech, irs, israel, non-profit, tax status, wikipedia
Companies: wikimedia, wikimedia foundation
