DOJ Demands Removal Of ICEBlock App; Why Are The ‘Free Speech Warriors’ Suddenly So Quiet?

from the trump's-got-your-tongue? dept

For years now, the MAGA crowd has been absolutely convinced that the Biden administration engaged in the most egregious censorship campaign in American history. They’ve waved around the Murthy v. Missouri case as proof that Biden officials illegally pressured tech companies to remove content (even as the Supreme Court concluded there wasn’t even enough evidence of any coercion to give any of the plaintiffs standing). Just last week, Rep. Jim Jordan was wildly celebrating what he claimed was Google’s admission that the Biden administration forced YouTube to censor people (which wasn’t actually what Google said at all, but reading comprehension has never been Jordan’s strong suit).

But now we have an actual, crystal-clear example of government officials using direct threats to pressure a tech company into removing disfavored speech—and suddenly, the free speech warriors have gone mysteriously quiet.

404 Media has the story of Apple removing the ICEBlock app from its App Store on Thursday after direct pressure from Department of Justice officials acting at the direction of Attorney General Pam Bondi. The app, which allows people to crowdsource sightings of ICE officials, was pulled following what Fox News described as the DOJ “reaching out” to Apple and “demanding” the removal.

Aaron provided 404 Media with a copy of the email he received from Apple regarding the removal. It says “Upon re-evaluation, we found that your app is not in compliance with the App Review Guidelines.” It then points to parts of those guidelines around “Objectionable Content,” and specifically “Defamatory discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or harm a targeted individual or group.”

The email then says “Information provided to Apple by law enforcement shows that your app violates Guideline 1.1.1 because its purpose is to provide location information about law enforcement officers that can be used to harm such officers individually or as a group.”

And Bondi herself was quite explicit about the government’s role in this censorship:

Bondi told Fox “ICEBlock is designed to put ICE agents at risk just for doing their jobs, and violence against law enforcement is an intolerable red line that cannot be crossed. This Department of Justice will continue making every effort to protect our brave federal law enforcement officers, who risk their lives every day to keep Americans safe.”

We reached out to Apple today demanding they remove the ICEBlock app from their App Store—and Apple did so,” Bondi added according to the Fox report.

Now, some will inevitably argue that Apple made an independent decision based on its own guidelines. But the MAGA crowd refused to accept that exact same argument when it was made in defense of what happened during the Biden administration. When companies explained that their content moderation decisions were based on their own policies, not government pressure, the MAGA crowd dismissed those explanations as irrelevant. They’ve spent years refusing to acknowledge the difference between government persuasion and government coercion.

In all of the communications from the Biden administration that were revealed in Murthy v. Missouri, officials never demanded removal of content. They did request reviews against existing policies (which is why companies rejected over 60% of flagged content) and occasionally suggested policy changes (which were mostly ignored). Even when companies did take action, they consistently maintained it was based on their own policy determinations.

But here? Bondi explicitly states she demanded Apple remove the app. There’s no ambiguity, no gentle suggestion, no “request for review.” It’s a direct government demand for censorship that was immediately complied with.

So let’s be clear about what happened here: A government official made a demand to a private tech company to remove an app based on the content of that app, and the company complied. This is exactly—and I mean exactly—what Jordan, Trump, and the entire MAGA ecosystem have been claiming (falsely) was the greatest violation of the First Amendment in modern history when they imagined Biden officials did it.

But somehow, I doubt we’ll see Jordan holding hearings about this. I doubt we’ll see breathless segments about government censorship. I doubt we’ll see any of the usual suspects who spent years screaming about the Biden administration’s supposed “jawboning” saying a single word about this actual, documented case of government officials pressuring a tech company to remove content.

Now, to be fair, ICEBlock has legitimate issues that have been well-documented. Security researcher Micah Lee has written extensively about how the app is “activism theater” that wasn’t developed with input from actual immigrant defense groups and spreads unverified information that can cause panic rather than provide useful protection. He also documented serious security vulnerabilities in the app’s infrastructure that the developer ignored for weeks. These are legitimate concerns about the app’s effectiveness and security.

But here’s the thing: the quality or effectiveness of the app is irrelevant to the First Amendment question. The government cannot pressure private companies to remove apps based on the content of those apps, regardless of whether that content is high-quality, low-quality, effective, or ineffective. As we documented earlier this year, ICEBlock and similar apps serve a purpose that many people find valuable—providing early warning systems for ICE activities in local communities at a time when people (for good reasons!) are quite concerned about ICE’s abusive tactics.

The Supreme Court made this distinction crystal clear in both the Murthy and Vullo cases. In Vullo, the Court explicitly stated:

A government official can share her views freely and criticize particular beliefs, and she can do so forcefully in the hopes of persuading others to follow her lead. In doing so, she can rely on the merits and force of her ideas, the strength of her convictions, and her ability to inspire others. What she cannot do, however, is use the power of the State to punish or suppress disfavored expression….

Bondi didn’t just share her views or criticize the app. She explicitly used the power of the state by “demanding” Apple remove it, and Apple complied within hours. This is textbook government coercion of the type that the Supreme Court has repeatedly said violates the First Amendment.

Just last week, we had Trump supporters lying about Biden “censorship” to justify FCC Chair Brendan Carr’s explicit threats against Disney over Jimmy Kimmel’s speech. They keep pointing to Murthy v. Missouri as if it blessed government pressure on tech companies, when it actually said the opposite—that such pressure would violate the First Amendment if there was evidence it occurred.

But, as we discussed, in Murthy, the Supreme Court made it clear that explicit threats would, in fact, cross the First Amendment line. The problem in Murthy was the lack of evidence of “coercion” or “significant encouragement” to suppress speech—the Court specifically looked for explicit demands or threats and found none (while it did find such explicit demands in the Vullo case, which they heard the same day). The majority ruling states that the conduct needs to involve coercion and “not mere communication.”

Well, here’s your coercion. Here’s your “significant encouragement.” Here’s your smoking gun in the form of the Attorney General literally telling the media she demanded the removal of an app.

Here’s the actual government censorship that Jordan and company have been claiming to fight against for years.

Where are they now?

The silence reveals something fundamental about the entire “censorship” crusade: It was never about protecting free speech or preventing government overreach. It was about creating a permission structure for their own authoritarian impulses while weaponizing victimhood narratives against their political opponents.

When faced with actual, explicit, documented government censorship—the kind they’ve been breathlessly warning about for years—they have nothing to say. Because this censorship serves their agenda, targets their enemies, and advances their political goals.

The mask has slipped completely. The “free speech” warriors have shown themselves to be exactly what critics always said they were: not principled defenders of civil liberties, but partisan actors who only care about speech when it benefits them.

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Companies: apple, iceblock

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Comments on “DOJ Demands Removal Of ICEBlock App; Why Are The ‘Free Speech Warriors’ Suddenly So Quiet?”

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32 Comments
Anonymous Coward says:

Re: Re:

It’s not without difficulty, but most world governments are not aligned with Trump right now, and many would be quite willing to resist orders infringing on their citizens’ freedom of speech. Which is to say: host it in Iceland or somewhere like that (avoiding U.S.-controlled domain registrars and registries).

Hell, host it as an Onion site via Tor, a technology the U.S. government invented and funded to support freedom of speech for people living under repressive regimes.

Stephen T. Stone (profile) says:

Re: Re: Re:

it’s almost like you guys set the precedent that ISPs deplatforming internet services is totally chill if they make you mad

Actually, we didn’t. This site has discussed the issue of ISP deplatforming in the past, and each time, it’s raised a critical question with no easy answer: At what point in the hierarchy of Internet services⁠—including Internet access providers, domain registrars, and server hosting companies⁠—does a refusal to do business with a site like KiwiFarms become a legitimate act of censorship? Even if we celebrate the idea of a shitpit like KF going offline (albeit temporarily), we still haven’t come up with a solid answer to that question because the answer has to contend with the idea of forced association (i.e., whether a given Internet service provider should be forced by law to do business with KF). The easiest “we can agree to this” answer anyone has come up with so far is that Internet access providers probably shouldn’t have the right to unilaterally decide whether you can access a given site because the IAP doesn’t like it. But beyond that, I’ve never seen a consensus form on this issue, even on this site.

Anonymous Coward says:

It doesn’t mean DOJ forced or threaten Apple to remove the app.
Given the weak security of the app, the 1.1.1 paragraph of App Review Guidelines that states “if the app is likely to humiliate, intimidate, or harm a targeted individual or group”, is certainly enough for Apple to remove it before DOJ asked to do so.
Surely, the DOJ may have wanted to force Apple to remove the app, violating the First Amendment, but “demanded” isn’t precise enough in the case to be a free speech violation.

Anonymous Coward says:

Re: Re:

What? It’s about as clear cut as it gets.

I imagine that the point of the previous comment was that the person “demanding” it didn’t claim the demand was legally binding; maybe didn’t even say they were acting in any official capacity.

Under normal circumstances, courts would likely call bullshit on the idea that there’s any kind of loophole here. But some recent court decisions have been surprising, to say the least…

Anonymous Coward says:

Re: Re:

That’s a thing to do.

But not a workable one. The buyers of Apple phones and tablets have “voluntarily” given up their rights to run the software of their own choosing; they only get to run what Apple chooses to allow (and only as long as those users accept Apple’s contractual terms).

Probably someone could port the code to run in a web browser, or on PCs (whether from Apple or elsewhere), so it could still have value. But then we’re not talking about coding “another one” of these, but about something else.

Reasonable Coward says:

On the flip side, this app arguably makes people safer by allowing them to know how to avoid these marauding bands of ICE agents, some of whom are indiscriminately violent and/or seem to care little about the rule of law.

And this could be just the start of the slippery slope: get rid of any app that helps people organize protests, because who knows, the protest could turn violent!

This comment has been deemed insightful by the community.
Anonymous Coward says:

You can’t take the right-wing at their word. Judge them by their actions.

Looking at the patterns within their behavior shows that, as is often the case, they are acting as opportunists. They never cared about free speech except as a way to protect their own efforts at pushing the boundaries, and now when the opportunity presents itself to harm a political opponent they are gleefully jumping on that opportunity.

The majority of things the Right professes a belief in are simply cover for the ways in which they promote their efforts, or the ways they attack their political enemies. Their “closely held beliefs” will conveniently change to whatever is most conducive to winning their current fight.

These aren’t people who ever cared about free speech, they’re simply a group that saw a means to defend their messaging. Now that the roles are reversed, they want to deny their opponents the same defense. I can guarantee you, if it becomes a necessary defense for them, you’ll see them crying “What happened to free speech?” all over again. They (as a group) consider others idiots and suckers for insisting on engaging in good faith despite this, and especially for believing that they are acting in honest good faith.

ThisGuy says:

Presumption of Strategic Intent

Where are they now?
The silence reveals something fundamental about the entire “censorship” crusade: It was never about protecting free speech or preventing government overreach. It was about creating a permission structure for their own authoritarian impulses while weaponizing victimhood narratives against their political opponents.

The track record of the censorship crusade would indicate that they only think of an argument that supports their whims in the moment rather than long-term strategy.

Anonymous Coward says:

Once Google locks down Android next year, that will stop side loading of applications,at least until someone figures out how to circumvent that

Android Auto has already been cracked.Google only likes its maps showing in Android Auto, but one app maker in Slovenia has already cracked this,and you can use it in Andoid Auto for about $15 a year.

Because they are in Slovenia, the DMCA does not apply to him. The DMCA has no jurisdiction in Slovenia, so they are not subject to prosecution in the United States.

That One Guy (profile) says:

They've shown what speech they do and do not care about

Going forward every single time one of those ‘free speech defenders’ even suggests that they or one of their buddies is being ‘censored’ they need to be loudly laughed out of the room and/or called a liar to their face, as they’ve shown with no room for confusion that they don’t give a damn about free speech, they only care that they can say whatever they want without consequence.

Anonymous Coward says:

This is why some people cheered Charlie Kirk’s demise. Sure it sounds awful but every single republican is just as vile as him so no one should be surprised people hated their guts.

They are very keen on lying to as many people as possible in order to spread their bigotry and gaslight us all into feeling guilty of opposing their dishonesty and crimes. People are as entitled as them to voice their disdain. The moment you decide freedom of speech is only for your group and try to take it away from everyone else you don’t get to play victim. People will rightfully cheer when you are gone.

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