Cass Sunstein, an American legal scholar and Harvard Law Professor, has been appointed by President Obama to head up the “White House Office Of Information And Regulatory Affairs.” His title is sufficiently broad and ambiguous, but he wields plenty of power. And with advance copies circulating of his new book
“On Rumors: How Falsehoods Spread, Why We Believe Them, What Can Be Done,” Americans who still care about their rights to “freedom of speech” should be paying close attention.
You owe it to yourself to review what has been reported in both the New York Post and the Wall Street Journal about Mr. Sunstein, and the ideas that he advances in his book. And while we don’t know precisely what Obama and Sunstein will be doing, many of the thoughts that Mr. Sunstein expresses about the internet seem consistent with President Obama’s proclivity to control things, generally.
Perhaps most disturbing is Mr. Sunstein’s vision for the future of web content, as he argues for a so-called “notice and take down” law. Under this provision, those who operate websites - - The Washington Post, radio stations, private bloggers, and perhaps even you, yourself -we would all be required “take down falsehoods upon notice” from the U.S. government.
And not only would the original content of websites be scrutinized by the government for “falsehoods,” website operators would also be held responsible for the content of “posts” created by the website’s visitors and readers. At first blush it may seem that, for a web operator to be held accountable for content generated by “posters,” is completely untenable. But that may very well be Mr. Sunstein’s goal - - to create an “untenable situation” for website operators - given his assertion that “a ‘chilling effect’ on those who would spread destructive falsehoods can be an excellent idea..”
But who shall determine what, exactly, is “true” and “false?” Mr. Sunstein laments the supposed “lie” that emerged during last year’s presidential race, that “Barack Obama pals around with terrorists.” Despite that fact that a friendship between Obama and known domestic terrorist William Ayers was something that both men acknowledged, Sunstein alludes to the notion that this was one of those “destructive falsehoods” of the sort that needs to be policed.
