Cass Sunstein’s new book: Monetary fines for spreading rumors
Posted by Clyde Middleton
on Oct 2 2009 Filed under Politics.
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American Thinker has a piece about Regulatory Czar Cass Sunstein’s new book, On Rumors: How Falsehoods Spread, Why We Believe Them, What Can Be Done.
The premise of the book, it seems, is that there must be “standards and ground rules” for the Internet era. American Thinker pulled this section from the book:
* “[A] general right to demand retraction after a clear demonstration that a statement is both false and damaging. If a newspaper of broadcaster or blogger refuses to provide a prominent retraction after a reasonable period of time, it might be liable for at least modest damages.”
* “On the Internet in particular, people might have a right to ‘notice and take down.’ [T]hose who run websites would be obliged to take down falsehoods upon notice.”
* “Damage caps and schedules could do a great deal to promote free speech values while also ensuring a measure of deterrence…A cap on damages, alongside liability to establish what is actually true, could work to leverage the propagator’s concern for his reputation to good effect.” (pp. 78-79)
Other sections tell us that rumors can cause real harm. The UK’s Guardian cites this example, again, from the book:
As an example of how false information can have catastrophic consequences, the story of the al-Aaimmah bridge disaster in Baghdad on 31 August 2005 is hard to beat. When rumours began circulating during a religious procession that a suicide bomber was about to blow himself up on the bridge, the resulting panic led to a stampede that caused the railings to give way. Up to 1,000 pilgrims died after falling into the river.
While that sounds bad, Sunstein is concerned with much softer issues, as well. From the Guardian piece:
His main concern, however, is not disastrous outcomes, but the long-term effects of unrestrained gossip on the democratic system. False rumours about public officials are so ubiquitous – think of the suggestion during the US 2008 elections that Barack Obama was a Muslim born outside the US – that they could cause people to lose faith in politicians, politics and even government.
“Losing faith” is an issue, it seems. Does that apply by literal extension to people that claim that God does not exist? Just curious.
I think what Cass is concerned about is demonstrably false information, presented as fact, that, if believed, would cause harm to an individual and, by aggregation, to society.
It’s the difference between saying “If pressed, I would say ‘yes,’ Cass Sunstein has written and said some things about free speech that concern me. He may be an adherent, or at the very least influenced, albeit subconsciously, of such unfortunate social experiments such as the Third Reich,” versus saying “Cass Sunstein is a Nazi.”
The latter may cause our citizenry “to lose faith in politicians, politics and even government.” That is his undesired end point.
But he does reference newspapers in his Unfortunate-social-experiments-such-as-the-Third-Reich-ish claptrap above. Is he not familiar with New York Times v. Sullivan? the holding of the Court is clear:
The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).
The “losing faith” standard is somehow absent. “Losing faith” feels like he “hurt my feelings.” It is too vague to be enforceable.
So when Herr Sunstein want to shut down my opinionated writing, curtail my free speech, all so no one’s feelings get hurt, well, Cass-babe, there’s always therapy.
Perhaps Amazon says it best: Amazon.com Sales Rank: #113,203 in Books
Further, “L. Cary” is the only reviewer, who attributes to it one star and these words:
At 88 pages, it’s more a monograph than a book. Much of it is written in a syntax best suitable to grades 5-6. The agenda is to threaten conservative websites with legal action if they distribute “rumors” about the Regultory Czar’s boss. For fast readers, it’s a wasted hour.
Sarah Palin he ain’t. But I wonder if he wears a dress now and then to make himself feel pretty.
I couldn’t find Cass’ e-mail address, although I gave up quickly. Here’s the contact form for the White House. If someone would report me to the rumored Nazi cross-dresser, I would appreciate it.
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