September 5, 2024 - 8:00pm

X is the bastion of free speech on the Internet. At least that’s what Elon Musk and his raucous supporters would like you to believe any time one dares to point out his hypocritical, arbitrary, and often self-serving content moderation actions after taking over the social media platform.

This week’s decision from Meta’s Oversight Board on moderation of the pro-Palestinian phrase “from the river to the sea” further undermines Musk’s self-styled image as a “free speech absolutist.” The Oversight Board — an independent panel of experts that oversees content moderation decisions for Meta-owned platforms like Facebook and Instagram — determined that the phrase should not be flagged as hate speech or removed unless “accompanied by statements or signals calling for exclusion or violence, or legitimizing hate.”

Contrast that with Musk, who, on 17 November of last year, posted, “‘decolonization,’ ‘from the river to the sea’ and similar euphemisms necessarily imply genocide. Clear calls for extreme violence are against our terms of service and will result in suspension.” X has also blocked or limited the visibility of posts that use the phrase “Israeli terrorists” and suspended hundreds of pro-Palestinian accounts.

The phrase “from the river to the sea”’ has been used by groups like Hamas to promote antisemitic hatred and violence. However, it has also been employed by peace activists and anti-Zionist Jewish groups critical of Israeli policies. Even if one interprets the phrase as antisemitic, it remains protected under the First Amendment — whose ideals Musk himself claims to champion. As the Oversight Board noted, international human rights law also protects such political speech, despite offering more limited protections than US law.

Interestingly, Meta’s decision may be at odds with bans on the phrase in European countries, most notably Germany. Last month, a German court convicted and fined a 22-year-old German-Iranian activist for leading a chant of the slogan at a rally in Berlin. A 41-year-old woman in Berlin had her house raided, her devices confiscated and was arrested by police for having written “from the river to the sea” four times on social media.

This leaves Meta in a thorny situation where it may have to comply with requests to remove the phrase in Germany and other countries with strict laws against hate speech. And that impact may affect all of Europe due to the Digital Services Act (DSA), Europe’s sweeping online safety rulebook. That’s because the DSA requires platforms to remove “illegal content,” which the act does not define and differs from country to country. If not removed fast enough, social media platforms face steep fines.

If Musk were truly committed to free speech, he would ensure that controversial phrases, such as those banned by the German government, remain protected and accessible on his platform for users in other countries, just as he has taken on Brazil’s increasingly authoritarian crackdown on disinformation. Whether the phrase is popular with Leftist activists or the “woke” segment — groups Musk is often at odds with — should be irrelevant. Upholding such principles would also signal a departure from his current selective and grievance-based approach, which tends to cater to the Very Online Right.

The moderation of “from the river to the sea” is just one of several instances where Musk’s content decisions appear driven by audience capture rather than principle. In June 2023, Musk posted that “the words ‘cis’ and ‘cisgender’” would be considered slurs on X. According to reports, users who posted these words received warnings stating that the language could be harmful and in violation of the platform’s rules.

These examples underscore the need for constant vigilance to protect free speech from both censorial governments and the billionaires who hold disproportionate control over speech on private platforms. What’s needed is a global coalition committed to “Old School Free Speech,” rooted in civil libertarian ideals and consistent principles. Unfortunately, such rigour is becoming increasingly rare.


Jacob Mchangama is the Executive Director of The Future of Free Speech and a research professor at Vanderbilt University. He is the author of Free Speech: A History From Socrates to Social Media.