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Culture War Roundup for the week of March 6, 2023

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2020 stolen election time! There's been some rather big developments with my favorite cute little hobby horse. I haven't had the time to make a deep-dive write-up, but it's has already been extensively reported on elsewhere (e.g. this post by Jacob Sullum). To summarize, Dominion voting systems sued Fox News (and Newsmax, and OAN) for defamation. Dominion has been past the discovery stage for more than a year now but their filings only recently became public and, no way to say this lightly, it's been extremely humiliating for Fox. Tons of text messages from the big names (Carlson, Hannity, etc.) either talking shit about how crazy Sidney Powell and Rudy Giuliani are, or (especially for Lou Dobbs and Maria Bartiromo) credulously accepting and repeating the stolen election theories.

One especially funny example involved Sidney Powell credulously forwarding an email to Bartiromo from a complete rando claiming they had "Election Fraud Info". In that same email, the anonymous rando claimed that they got their information from their dreams, that the wind tells them they're a ghost, and that Justice Scalia was murdered during a human hunting expedition. As evidenced by the filings she submitted to court, Powell's skepticism faculties appear to be basically non-existent, and the fact that so many people took her seriously at first is a good illustration of the pitfalls of siloed reasoning.

Maybe the most damning revelation of how Fox was operating (from both a legal liability as well as a journalistic ethics perspective) is how they treated their fact-checking process. When Fox reporter Jacqui Heinrich tweeted on November 12 that "there is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised" Carlson texted Hannity "Please get her fired. It needs to stop immediately, like tonight. It's measurably hurting the company. The stock price is down. Not a joke." If Dominion needed to prove the actual malice (and it's not yet clear if they would need to) in a defamation case, they couldn't have asked for better evidence.

There isn't much for me to say that I haven't said before. My operating theory has long been that some people seemed to earnestly believe the crazy theories they were spouting about Hugo Chavez or whatever (e.g. Powell, Giuliani, maybe Dobbs) while many others were just pretending to entertain it because it was in their best financial interests (e.g. Carlson, Hannity, Murdoch, etc.) and the text messages confirm this. To Carlson's credit though, he endured a lot of negative pushback from his criticism of Powell.

I've already done my hand-wringing on how the media seems to love shooting itself in the foot, except it was framed in context of how liberal outlets fucked up the Covington debacle from four years ago. The Dominion lawsuit demonstrates the problem behind audience capture; Fox pundits and reporters had to deal with a credible financial pressure to cater to the crazy fringes of their audience for fear of losing them to their less scrupulous competitors. If so, it would be a demand-side problem. I'm not sure if the problem with liberal media fuck-ups follows the same framework, but I'm open to arguments. My general impression there is that the call is coming from inside the house: liberal journalists too afraid of their fellow cohort to break ranks. I suppose a good test-case scenario would be to see how NYT's current "trans youth reporting controversy" plays out. They obviously already got a severe amount of criticism from the activist fringe, but would a significant portion of their audience care? And if so, where would they go?

One last question: has anyone here changed their opinion on the 2020 stolen election theories?

I'm surprised at the poor security practices of the people involved. Especially for a big organization, they could hire anyone passingly familiar with infosec to tell leadership not to send incriminating things via SMS. Same goes for the Biden family with that laptop. These are easily avoided situations.

You know, these are examples where the interests of elites (at least, specific elites) are aligned with the digital privacy/anti-surveillance movement. Another is ElonJetTracker. To date this topic hasn't been very politicized along the left-right axis. I wonder if one of the parties will pick it up as a wedge issue?

they could hire anyone passingly familiar with infosec to tell leadership not to send incriminating things via SMS

That sounds like good advice until you realize that practically anything could be considered incriminating given the right context. Take something as anodyne as a team of engineers exchanging emails about a product design. Sounds pretty benign, and 99% of the time it is, except when someone sues the company claiming the design was defective all those emails may give the plaintiff's expert all the fuel he needs to demonstrate that the team lead was incompetent and that the product's fatal flaw was a result of incorrect assumptions mad during the design process. Even in this case, all you really had was a bunch of TV journalists commenting to each other about stories that were run on their network, and if you're going to prohibit any such communications in any written form whatsoever (or have incredibly short document retention policies) it's probably going to hurt your business more than it will protect you from lawsuits. The reason so many companies use email and text messaging is because it's simply more efficient than running a 1970s-style office. If Fox wanted bang for their buck they could have had their legal team prepare a presentation about libel and how to avoid it, gotten buy-in from management, and put some kind of monitoring system in place to flag problematic content before it causes too much of a problem. Something along the lines of "If you're sending emails to your colleagues about how much of a crackpot someone is, you may want to take a close look at whether the bullshit she's spewing on your program could be construed as libel and give us a heads-up".