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Mick Clifford: The USA is adopting a totalitarian attitude to free speech

Mick Clifford: The USA is adopting a totalitarian attitude to free speech

Irish Examiner9 hours ago

Donald Trump's toxic orbit is now reaching directly into Ireland. Most recently, there were two specific areas in which this has come to pass.
Last week, it emerged that officials in Coimisiún na Meán, the media regulator, could face potential restrictions on entry to the USA if the American administration deems that they are interfering with 'free speech' by regulating social media.
This is an unprecedented move. Ordinarily, such visa restrictions might apply to corrupt officials in a dictatorship or rogue state. Now, in Trump's America, officials in a friendly European country could be banned from entry for simply doing their job.
'Free speech' is a movable feast for Trump and his followers. For instance, soon after assuming office in January, Trump declared that the Gulf of Mexico should heretofore be known as the Gulf of America.
The PA news agency refused to do so, referring instead to its long-standing style book that determined it was still the Gulf of Mexico irrespective of what Trump might wish it to be.
The king was not pleased. PA reporters were banned from the White House and from accompanying him on Air Force One. There have been similar instances where Trump and the gang he surrounds himself with have had issues with free speech.
Elsewhere, Jess Casey reported this week in the Irish Examiner that new US visa screening protocols require international students travelling on a J1 visa to adjust privacy settings on all their social media profiles to public.
The US state department announced it would now 'conduct a comprehensive and thorough vetting, including online presence, of all student and exchange visitor applicants' under the new guidance.
This will allow immigration officials to check the social media of students in case there is anything incriminating on their devices.
And what could be incriminating in Trump's America? Anything that is deemed to conform to the kind of broad policies that the current authoritarian administration is pursuing.
So, if, for instance, a young student has something on their phone that might show support for Palestinians who are being massacred, that can be deemed contrary to US interests, and the student told to turn around and go home.
Similarly, entry might be denied if the student is displaying anything that is supportive of the rights of minorities, such as the transgender community.
As of now it is unclear if a student has, for instance, a screenshot or meme portraying Donald Trump as a buffoon whether this would be incriminating enough to warrant exclusion.
One way or the other, the restrictions suggest that the USA is adopting a totalitarian attitude to any kind of speech that might be contrary to Trump's precious, and sometimes, venal, interests. So much for free speech.
As with all totalitarian regimes, there is a different attitude to any kind of free speech that might fit neatly into the category of propaganda. Thus, Trump is a believer in social media companies having a free rein over what appears on their platforms.
What could be incriminating in Trump's America? Anything that is deemed to conform to the kind of broad policies that the current authoritarian administration is pursuing. Picture: David Dermer/AP
In the first instance, it suits him and his politics. He is an expert manipulator of the medium, where he is free to retail lies, distortions, and abuse at will. His current level of power in the USA implies he will brook no attempts to curtail that ability.
So it was that Mark Zuckerberg's Facebook announced soon after Trump's inauguration that it was no longer deploying fact-checking on the site. So social media is destined in the USA to remain a fact-free environment.
Beyond that, the 'free speech' that Trump believes in extends to far less protection of minors on social media. This leaves boys and girls exposed to material relating to sex and violence with practically no restrictions.
The reasoning behind such a free-for-all is that any restrictions depress traffic on the sites, which in turn hits the profits for the social media companies. And right now, all the owners, the tech bros, are happy to play supplicant to Trump in order to ensure they remain in his favour.
Now word is being conveyed across the Atlantic that regulators in Europe, and particularly Ireland where so many of these companies have offices, would be well-minded to follow the lead of the Americans or they will, in terms of visa restrictions, be treated like corrupt officials from a foreign rouge state. You could not make it up.
This week, it was also reported that 25% of US companies that had previously supported Dublin Pride have now pulled out. The move is directly due to the hostility Trump has towards anything resembling diversity or inclusion.
Whether or not that has anything to do with his own opinion is irrelevant. Politically, he views it as a seam to mine, and that's all that matters to him. So to be seen to be supporting minorities is, in the eyes of Trump and his acolytes, a sign of disloyalty to the king.
Dublin Pride, and all the Pride festivities are important annual events. They celebrate the LGBT+ communities but also act as a reminder of how these, and other, minorities were treated at a darker time.
Three years ago, however, the Pride festival showed a degree of intolerance that was not in keeping with the sentiment it espouses.
Following a series of programmes on RTÉ Radio 1's Lifeline on the subject of gender dysphoria, Pride announced that it was dropping the broadcaster as a media partner.
The programmes had been balanced, which required including voices from a small group opposed to the philosophical position adopted by most in the LGBT community towards gender dysphoria. Such diversity of opinion was unacceptable to the organisers of Dublin Pride, so RTÉ was dropped.
Today, the level of intolerance increasingly displayed in the USA towards minority communities is of a far greater order, and is being accepted by elements of society out of nothing more than fear of reprisals from Trump and his acolytes.
That such an atmosphere is now washing up on these shores through US companies running away in fear from Dublin Pride should be an issue of concern for everybody.
We have problems in this country, mainly concerned with inequality, particularly in relation to housing. Those are nothing like the issues that have pertained in the USA for decades, and which led to an atmosphere where an individual like Trump could actually be elected to office, not once, but twice.
Vigilance is required to ensure we don't succumb to the toxic waves from Trump's America that can wash up on these shores in various forms.
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Since the Hamas 7 October attacks, discrimination, oppression, and violence against Palestinians had increased in the West Bank, with a "significant increase in Palestinian fatalities" and attacks by Israeli settlers, accompanied by "sustained settlement expansion". There were road closures, checkpoints, and barriers that "permanently or intermittently restrict the movement of Palestinians across the West Bank." These increasingly undermined Palestinians' access to livelihoods, healthcare, education and other essential services. The "unprecedented level of killing and injury of civilians" in Gaza was "a direct consequence of the Israeli Defense Forces' (IDF) failure to comply with fundamental principles of [International Humanitarian Law]". The report said of the verified Palestinian deaths caused by attacks on residential buildings in Gaza, 44% were children - "mainly young children and babies." 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And on the review goes… Needless to say, the report found that Israel's obligations under human rights and international law to protect civilians were in breach, as were its obligations under Article 2 of its agreement with the EU. Ireland and Spain first highlighted concerns last year that Israel was in breach of Article 2. The trenchant support for Israel by Germany, Austria, Hungary, the Czech Republic and others meant there was no consensus for a review to take place. That changed after the Israel-Hamas ceasefire collapsed in March and the IDF intensified its assault on Gaza, including the prolonged humanitarian blockade. Dutch foreign minister Caspar Veldkamp revived the Irish-Spanish initiative in April, and at a meeting of his counterparts in May, the pendulum swung in favour of action. 17 member states - including Ireland - supported a review of Article 2 compliance (two countries joined the list afterwards); sentiment at EU level was clearly shifting. Yet, the divisions remain. Despite last night's report, we are in for a protracted period of step-by-step diplomacy. Ms Kallas will canvas the views of 27 foreign ministers on Monday, and then brief EU leaders during their summit in Brussels next Thursday. Yesterday, diplomats were emphasising the need for unity. So sensitive is the Israel-Gaza issue, that a menu of options against Israel will be kept off the table for now. "There are those among the 17 (member states) who wanted the review but who don't actually want any measures against Israel to be taken," says a senior EU official. "They want to use this as a way of applying pressure to Israel. There are those who definitely want measures to be taken, and there are those who didn't even want the review in the first place." A senior EU diplomat, from a country in favour of the review, said: "It's clear what needs to happen: first of all, we want as broad agreement as possible on the outcome of the review. We know it will not be unanimous, it will not be consensual, but we hope that a big group of member states can subscribe to the conclusion of the review." That would, in theory, allow Ms Kallas to take the findings to the Israelis and use the threat of punitive measures to encourage Israel to massively increase humanitarian support and to move towards a ceasefire. Preserving unity next week will be challenging. When EU ambassadors had their first meeting on the forthcoming review on Wednesday, the divisions were already clear. "You could see the different positions of member states reflected in the more procedural interventions," says one diplomat. "The Irish, Belgians, Spanish and Slovenians were pushing for an immediate discussion among ministers about next steps and consequences, whereas others were fiercely pushing back on that: the Hungarians, the Czechs, the Germans and - to a lesser extent - the Italians." It is understood the Irish government initially wanted Ms Kallas to lean towards some kind of list of options the EU could take against Israel, now that it had been found in violation of Article 2. However, Dublin had apparently accepted the prevailing view that unity was vital and that the threat of further action could convince Israel to change its policy towards humanitarian aid, and towards a ceasefire. In this scenario, we would have to wait for a meeting of EU foreign ministers in July before Ms Kallas presents a range of options Europe could take. In a statement, Tánaiste Simon Harris welcomed the findings of the review. "Ireland has always been clear that any such review can only reach one conclusion – there is clear evidence that Israel is in breach of its obligations under Article 2 of the Agreement. We now expect the EU and its Member States to take concrete actions in follow up to the review." External events could also derail any consensus building. Diplomats stressed the need to keep the Article 2 issue separate from the Israel-Iran war raging in the background. "It's part of Israel's strategy to divert attention from what is happening in Gaza and in Palestine," says one diplomat. "That's precisely what we don't want. The situation in Gaza and Palestine is absolutely critical, and we need to keep a very strong focus on it." "On the Iran-Israel issue," says another diplomat, "some foreign ministers will make the point that given what's happening, perhaps we should hold off on the review, hold off on making this an issue in our conversation with Israel. I think we can walk and chew gum at the same time." There is also growing frustration - shared in Dublin - at those EU capitals which have emphasised quiet diplomacy with Israel. One source suggested that "whispering to the Israelis" had yet to deliver any meaningful response in 18 months of the Gaza war. Pressure is building elsewhere. This week, Belgian Foreign Minister Maxime Prevot spearheaded a joint letter - co-signed by Tánaiste Simon Harris, as well as the foreign ministers of Finland, Luxembourg, Poland, Portugal, Slovenia, Spain, and Sweden - calling on Ms Kallas to ensure that the EU is compliant with last summer's ruling by the International Court of Justice (ICJ) on Israel's occupation of Palestinian territories. The advisory opinion held that Israel's occupation was illegal, and that countries were obliged to ensure they did not support the occupation through trade. The Belgian initiative chimes with the Irish government's view that the ICJ ruling is binding on EU member states and that a ban on products from illegal settlements is effectively a legal obligation (ie, the legal impetus for the Occupied Territories Bill). Belgium expects other countries to join the call. A senior diplomat from one member state said his government was in favour of the Belgian initiative, but preferred not to sign the letter given that its recommendation - banning settlement products - was one of the "options" that could put pressure on fragile EU unity. The private view within the European Commission is that the EU is broadly in line with the ICJ ruling. However, the Commission has sent a number of legal opinions to the member state working group on international judicial affairs (COJUR). "The issue has been back and forth without any consensus," says a senior EU official. "It's never reached the political level, but it's been discussed by diplomats." The Belgian letter essentially calls for Ms Kallas - who represents both the Commission and member states - to speed the process up. It urges the Commission to bring forward measures to ensure that member states are in compliance, given that the "European Union is founded on the values as stated in the UN Charter, such as the respect for human dignity, freedom, democracy, equality, the rule of law and human rights…[and that] all EU Member States are parties to the Statute of the International Court of Justice." Whether the Commission will introduce new legislation to reflect the growing clamour - as reflected in the Occupied Territories Bill - for a ban on goods coming from illegal Israeli settlements remains to be seen. One source suggests that the Commission could provide for individual member states to make their own national arrangements. The fact that the review of Israel's conduct, for so long a disregarded Irish-Spanish gambit, has finally happened and does not pull any punches is, relative to the EU's tortuous policy on Gaza, an achievement. However, the length of time it has taken to hold Israel to account, and the fact that even now a punitive response could take several months, will further call into question the EU's moral backbone, with the death toll in Gaza standing at over 56,000, according to Palestinian authorities. The fact that the EU's role in foreign policy necessarily gives each member states a veto (foreign policy is normally a fundamental expression of national sovereignty) is of meagre comfort to those who believe Europe should have done more and done it quicker. Diplomats are increasingly frustrated that in the generational challenges of our time - Russia's invasion of Ukraine, and Israel's response to the Hamas October 7 attacks - the EU's voice has been blunted by division and national vetoes. In the event that Ms Kallas does provide a menu of responses to foreign ministers in July, it is by no means clear what happens next. The EU has never taken action against a trade partner for such a breach of a trade agreement. A full suspension of the Association Agreement would require unanimity, with a Hungarian, German and Czech veto almost certain. There has been speculation that suspending elements of EU Israel trade would only require a so-called Qualified Majority Vote (QMV). On the basis of the 19 countries which supported a review, that qualified majority could be reached. However, one EU official questioned whether even this would be possible. "Even suspending some trade could be seen as a sanctions measure, and that would therefore require unanimity," said the official. "We've also discussed a complete ban on trade with Israel, and that would be against our WTO obligations - so that is a non starter." For any measure to be taken it would require a proposal from the European Commission, meaning the issue runs - once again - straight into national divisions. On only two occasions in the history of the EU has an issue gone to a vote among the College of 27 commissioners (each from a member state) since the body strives for consensus. There is no doubt that attitudes to Israel have hardened, even among its traditional allies. Last month, the German Chancellor Friedrich Merz said in a TV interview: "What the Israeli army is doing in the Gaza Strip, I no longer understand the goal. To harm the civilian population in such a way … can no longer be justified as a fight against terrorism." Whether this pressure, which should be amplified by the publication of the review, makes any difference to Israel's conduct remains an open question.

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