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Good evening. It's Thursday, February 8.
Tonight, the U.S. Supreme Court heard arguments this afternoon as part of an appeal regarding whether Donald Trump can be legally banned from the ballot by various states, based on the assessment that he engaged in an insurrection. The case in the Supreme Court arises from the divided ruling of the Colorado Supreme Court in December, in which four Democrat-appointed judges ruled that Trump must be banned from the ballot on the ground that he engaged in insurrection, a crime for which he has never been charged, let alone convicted while three Democratic judges dissented on the ground that he cannot be banned on the 14th Amendment insurrection ban since he has never been convicted of that crime. Since then, two highly partisan secretaries of state in two blue states, California and Rhode Island, rejected Colorado's reasoning and ruled that Trump cannot be banned from the ballot.
In the Supreme Court today, the case for banning Trump was met with extreme skepticism, even hostility, and not just from the six supposedly conservative judges, but from at least two, if not all three of the liberal judges as well. In particular, the justices seemed downright scornful that Colorado state officials have the right to decide for the entire country whether a presidential candidate should be permitted on the ballot or not. They were equally scornful of the notion that this can happen automatically, without any judicial trial or criminal conviction, that finds someone guilty of the crime of insurrection. Predictably, a lot of liberals, including even on CNN, are already accusing the Supreme Court of being partisan or—even funnier—intimidated by Trump. But as other CNN pundits even admitted—and imagine how bad it has to be for them to do so—there is clearly a possibility, if not a likelihood, that the court ruling against Colorado and in favor of Trump will be an overwhelming majority of the court, if not unanimous. What will liberals say then, if it's an 8 to 1 or 9 to 0 ruling in favor of Trump will? So, we’ll show you some of the key exchanges from the court, as well as some of the analysis about it.
Then: ever since Elon Musk purchased Twitter and began vowing to restore free speech, claims have proliferated that the platform, now known as X, has uniquely fostered and permitted both hate speech and disinformation. Usually, the objective of this claim is to try to pressure and coerce Musk to censor more. In fact, in the EU, the argument that he needs to censor more is now being made as part of a formal criminal investigation into X and Musk that holds that Musk has no legal duty under EU law to stop both hate speech and disinformation. But this week, the multi-billionaire Mark Cuban, the longtime owner of the Dallas Mavericks, among other things, bitterly complained in an interview that X was awash with hate speech, unique when compared to other social media platforms or even the pre-Musk Twitter. In other words, trying to blame everything on Elon Musk's free speech policy for why hate speech is suddenly at a record high on X, according to him.
All of this followed widespread criticism on X of Cuban after he used the platform to defend highly controversial programs of diversity, equity and inclusion, also known as DEI. It seems obvious to me that the real reason Cuban was whining about his supposed explosion of hate speech on Musk-era Twitter was because he was very upset about having received so much public pushback for his defensive DEI. Billionaires like him are very accustomed to being revered by sycophants, with whom they surround themselves, and are not accustomed to being the target of vicious critiques from the peasants. After I pointed that out, Cuban responded to me in a long post justifying his views on social media and X in particular. In that response, one absolutely finds what elites have most hated about social media and the Internet more generally since its emergence, namely, that it levels the playing field by forcing the richest and most influential actors in society who can usually insulate themselves from public critique, or at least could before the Internet, to have to hear from the people whom they affect for their behavior, and who do not always have praise and adoration to heap upon them.
Cuban's response illustrates the key reason why so many financial and political elites like him are so eager to control and even censor social media: the Internet, when left free, is an incomparable tool to empower ordinary people, exactly that which institutions of power and the guardians who run them always hate most.
Finally, this week, for several days, we covered the genuinely insane reaction to the news that Tucker Carlson had traveled to Moscow, first to attend the Bolshoi Ballet and then do what journalists have done for decades: interview a foreign leader, in this case, Russian President Vladimir Putin. That insanity absolutely escalated today as the world awaited the release of Carlson's interview with Putin, with the EU going so far as to suggest that any social media platform, such as X, that allows the interview to air may be acting criminally, in violation of newly enacted EU law, which we've covered many times, that bans the spread of disinformation. EU officials had previously threatened to impose sanctions and a travel ban on Tucker Carlson from entering their countries. And now that the interview is finally out, it is a truly fascinating interview. I think there are a lot of parts that will surprise a lot of people, and we will show you some of the key excerpts. It was just released about 90 minutes ago, and we've had an opportunity to read through the transcript and see a lot of the video, and we will share that with you.
For now, welcome to a new episode of System Update, starting right now.