YouTube's demonetization of biologists Bret Weinstein and wife Heather Heying on grounds of "medical misinformation" raise substantial First Amendment issues, with broader ramifications. Quote:
YouTube’s decision with regard to Weinstein and Heying seems part of an overall butterfly effect, as numerous other figures either connected to the topic or to DarkHorse have been censured by various platforms. Weinstein guest Dr. Robert Malone, a former Salk Institute researcher often credited with helping develop mRNA vaccine technology, has been suspended from LinkedIn, and Weinstein guest Dr. Pierre Kory of the Front Line COVID-19 Critical Care Alliance (FLCCC) has had his appearances removed by YouTube. Even Satoshi Ōmura, who won the Nobel Prize in 2015 for his work on ivermectin, reportedly had a video removed by YouTube this week.
There are several factors that make the DarkHorse incident different from other major Silicon Valley moderation decisions, including the fact that the content in question doesn’t involve electoral politics, foreign intervention, or incitement. The main issue is the possible blurring of lines between public and private censorship.
When I contacted YouTube about Weinstein two weeks ago, I was told, “In general, we rely on guidance from local and global health authorities (FDA, CDC, WHO, NHS, etc) in developing our COVID-19 misinformation policies.”
The question is, how active is that “guidance”? Is YouTube acting in consultation with those bodies in developing those moderation policies? As Weinstein notes, an answer in the affirmative would likely make theirs a true First Amendment problem, with an agency like the CDC not only setting public health policy but also effectively setting guidelines for private discussion about those policies. “If it is in consultation with the government,” he says, “it’s an entirely different issue.”
Asked specifically after Weinstein’s demonetization if the “guidance” included consultation with authorities, YouTube essentially said yes, pointing to previous announcements that they consult other authorities, and adding, “When we develop our policies we consult outside experts and YouTube creators. In the case of our COVID-19 misinformation policies, it would be guidance from local and global health authorities.”
