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U.S. Government Withdraws Request Ordering Twitter to Identify Trump Critic

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The legal battle between Twitter and the U.S. government ended Friday, after the Department of Homeland Security (DHS) withdrew its demand that the tech company release information to identify an account holder whose tweets are critical of President Donald Trump on Twitter.

The lawsuit threatened to become a major battle over free speech between Silicon Valley and Washington. But it was over almost before it began. The tech company had filed a lawsuit Thursday to protest the order, saying that it violated the user’s First Amendment right to free expression. But Twitter dropped its suit Friday, saying in a court filing that “(because) the summons has now been withdrawn, Twitter voluntary dismisses without prejudice all claims.”

The DHS did not immediately respond to a request for comment.

Twitter filed the suit to protect the identity of a user who runs the @ALT_uscis feed — an account that purports to tweet the thoughts of a federal worker from the U.S. Citizenship and Immigration Services. The two-month-old account is often critical of the Trump administration’s immigration policies, particularly its plans to build a wall along the border with Mexico and its immigration travel ban.

Legal experts said that Twitter would have had a strong case had it gone to court, as the government had not provided compelling information on why it was necessary to identify the critic.

The government, in order to enforce its subpoena, would have had to demonstrate that whoever is behind the Twitter account was likely violating some law. There also were serious questions about whether the type of subpoena used, which is typically for investigating violations of export rules, was appropriate for the type of case DHS was probing, experts said.

Courts also have traditionally given a high degree or protection to political speech, including the right to speak anonymously or with a pseudonym. That includes, in many circumstances, government employees who are critical of the agencies for which they work.

“This is just, as best as I can tell, the government trying to figure out who is expressing criticisms, and that is chilling,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center.

If the goal was to quiet the dissent, it seems to have failed. The number of followers for the Twitter account grew from “over 32,000” to more than 150,000 in less than 24 hours.

Sen. Ron Wyden on Thursday called the government’s attempt to unmask the identity of the Twitter user a “witch hunt.” On Friday, Wyden sent a letter to DHS’s Customs and Border Protection agency, which demanded the information, asking them to investigate “why and how” the order came about.

“Not only was the summons blatantly inconsistent with the cited investigatory authority, section 509 of the Tariff Act of 1930, but it appeared to be a disturbing threat to free speech and whistleblower protections,” Wyden’s letter said.

A lawyer at the American Civil Liberties Union, which represented the user, said in a statement Friday that the speed with which the government withdrew the request shows how problematic its demand was.

“Speaking anonymously about issues of the day is a long-standing American tradition, dating back to when the framers of the Constitution wrote under pseudonyms,” said Esha Bhandari, one of the lawyers. “The anonymity that the First Amendment guarantees is often most essential when people criticize the government, and this free speech right is as important today as ever.”

Twitter has fought battles with the government before over user privacy. In 2012, the social network appealed an order from the state of New York to reveal personal user data from the account of Occupy Wall Street protester Malcolm Harris. It lost that appeal. The company also sued the Justice Department in 2014 for the right to make federal information requests for user data public.

Twitter’s actions this week highlight how much responsibility social media platforms hold in today’s debates about the right to free expression in the modern world, experts said. While social media networks may give a voice to millions of individuals, it is the companies’ opinions, clout and resources that actually speak volumes.

“People love to speak about a global town square, but it’s hosted on company servers and not government servers. That means that the rights and terms and conditions that are granted are very much determined by a small group of people,” said Alex Howard, deputy director at the Sunlight Foundation, a non-profit that focuses on technology and open government. “The choices they make to stand up for their users set important precedents for other companies now and into the future.”

The person behind @ALT_uscis did not respond to a request for comment sent over Twitter. But the user did thank Twitter and the ACLU, tweeting:

“We want to thank @twitter and @aclu for standing up for the right of free anonymous speech. Thank you resistance for standing up for us. https://t.co/6PdwZIJ2xP”

“We are taking a break! The past few days have been extremely difficult and full of anxiety,” read another message from the account. “Thank you again America!”

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Top US admiral bristles at criticism of ‘woke’ military: ‘We are not weak’

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Adm. Michael Gilday, chief of Naval Operations, rebuffed pointed interrogations by GOP lawmakers who grilled him over his decision to recommend sailors read a book deemed by some conservatives as anti-American.

The U.S. Navy’s top admiral also defended moves to address and root out racism and extremism in the forces as well as its efforts to bolster inclusion and diversity, which have prompted criticism from some conservatives and Republican lawmakers.

“Do you personally consider advocating for the destruction of American capitalism to be extremist?” Rep. Jim Banks, R-Ind., asked Gilday during a House Armed Services Committee hearing Tuesday, referring to a passage from Ibram X. Kendi’s book “How to Be an Antiracist,” which argues capitalism and racism are interlinked.

Banks continued to interrogate the admiral over specific quotes from Kendi’s book, which was a No. 1 New York Times best seller in 2020, and statements he had made elsewhere in the past.

Visibly distraught, Gilday fired back:

“I am not going to sit here and defend cherry-picked quotes from somebody’s book,” he said. “This is a bigger issue than Kendi’s book. What this is really about is trying to paint the United States military, and the United States Navy, as weak, as woke.”

He added that sailors had spent 341 days at sea last year with minimal port visits — the longest deployments the Navy has done, he said.

“We are not weak. We are strong,” Gilday said.

Rep. Doug Lamborn, R-Colo., also challenged the admiral by citing specific quotes from the book and asked him how those ideas laid out by Kendi would further advance or improve the Navy’s power.

Gilday responded by arguing the importance of transparency and open dialogue about racism.

“There is racism in the Navy just as there is racism in our country, and the way we are going to get out of it is by being honest and not to sweep it under the rug,” he expounded, adding that he does not agree with everything the author says in the book.

The key point however, he said, is for sailors “to be able to think critically.”

The exchange was the latest in vociferous complaints from some conservative leaders and lawmakers who suggest the armed forces are becoming a pawn for the country’s culture wars and “wokeness” ideology, as the military takes steps to address issues of racial inclusion, extremism, racism and white supremacy.

And only last week, Sen. Tom Cotton, R-Ark., accosted Secretary of Defense Lloyd Austin about Kendi’s book, which Cotton said promoted “critical race theories” at a different Senate Armed Services Committee hearing where Austin was testifying.

Days earlier, Cotton and Rep. Dan Crenshaw, R-Texas — two combat veterans — launched a “whistleblowers” online platform to report examples of “woke ideology” in the military.

“Enough is enough. We won’t let our military fall to woke ideology,” Crenshaw, a former Navy SEAL, said in a tweet.

Also in February, Austin instructed a one-day stand-down across the Defense Department pausing regular activities to address extremism and white nationalism in the ranks — an issue Austin declared as a priority after a number of rioters at the U.S. Capitol in January were found to have military backgrounds.

The stand down completed in April was an effort to better understand the scope of the problem of extremism in the ranks, Pentagon press secretary John F. Kirby said in a briefing then.

Earlier, Austin had revoked a ban on diversity training for the military.

More recently, in May, a U.S. Army animated ad focused on soldier diversity — featuring the real story of a soldier who enlisted after being raised by two mothers in California — drew criticism and political backlash from some conservative lawmakers.

“Holy crap,” Sen. Ted Cruz, R-Texas, said in a tweet. “Perhaps a woke, emasculated military is not the best idea. . . .”

Cruz was referring to a TikTok video that compared the U.S. Army ad with a Russia campaign that showed buff soldiers doing push-ups and leaping out of airplanes, adding that the contrast made the American soldiers “into pansies.”

The confrontation Tuesday is also the latest in reproaches by Rep. Banks, who is a Naval Reserve officer, and other GOP members over Gilday’s recommendation to include Kendi’s book in the Chief of Naval Operations Professional Reading Program.

In February, Banks sent a letter to Gilday arguing that the views promoted in the book are “explicitly anti-American” and demanded Gilday explain the Navy’s decision to include it on the reading list or remove it.

Gilday responded to Banks in a letter obtained by Fox News saying that the book was included on the list because “it evokes the author’s own personal journey in understanding barriers to true inclusion, the deep nuances of racism and racial inequalities.”

Lamborn and Rep. Vicky Hartzler, D-Mo., also wrote a letter to the admiral to convey their concern about the inclusion of Kendi’s book as well as Michelle Alexander’s “The New Jim Crow” and Jason Pierceson’s “Sexual Minorities and Politics.”

The GOP lawmakers argued the books “reinforce a view that America is a confederation of identity categories of the oppressed and their oppressors rather than a common homeland of individual citizens who are united by common purposes,“ Lamborn and Hartzler wrote, according to Fox News.

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Looking back on the 1991 reforms in 2021

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Our understanding of events refines with time. New developments reframe the issues, and prompt reassessment of the solutions applied, their design and outcomes. What does looking back on the 1991 reforms in 2021 tell us?

For three decades, India celebrated and criticised the 1991 reforms. The reformers of 1991 say that the idea wasn’t only to tide over a Balance of Payments (BOP) crisis; the changes they brought in went beyond the International Monetary Fund’s (IMF) conditionalities for the bailout. The reforms, they insist, were ‘home-grown’. In the years leading up to 1991, technocrats in government had been thinking and writing about how India’s economic policies had been blocking the country’s rise to potential and the structural changes needed. If the broad range of reforms—including tearing down the industrial license permit raj, an exchange rate correction, and liberalising foreign direct investment and trade policies—could be launched within a matter of days of a new government joining office, they argue, it is because the blueprints were ready, waiting for the go-ahead from the political leadership.

The reformers of 1991 say that the idea wasn’t only to tide over a Balance of Payments (BOP) crisis; the changes they brought in went beyond the International Monetary Fund’s (IMF) conditionalities for the bailout.

At least two well-regarded technocrats that were important in the 1991 reforms disagree—publicly and in off-the-record conversations. In a media interview last month, one of them, the economic adviser in the reforms team, Dr Ashok Desai, suggested that if there were any reformers in government before the IMF “forced” India to liberalise in 1991, “they hid themselves very well”. According to him, after the BOP crisis was resolved, finance minister Dr Manmohan Singh turned “dead against reforms”.

The multiple versions of the reforms story make it difficult to separate fact from romance. It cannot be disputed, though, that the 1991 BOP crisis was a turning point for the economy. India had tided over BOP crises earlier with loans from the IMF, repaid them prematurely, and avoided going through with the bailout’s conditionalities. 1991 was singularly different because India was on the brink of default, which is likely to have forced politicians to set politics aside and listen to technocrats. Any default on external obligations would have meant hurting India’s credibility grievously and an inescapable sense of national shame. The government probably took the view that there was no choice other than to take corrective steps. Prime Minister PV Narasimha Rao named Dr Manmohan Singh, who had been a technocrat in government and was well regarded in global policy circles, as his finance minister. Dr Singh clearly had the Prime Minister’s, his party’s and the IMF’s trust. Records irrefutably show that the Congress party’s acceptance of the reversals in the interventionist economic policies of the first four post-Independence decades was not secured by the Prime Minister. He had delegated the task of tackling doubts and resistance within the party to his ministers, in particular, the finance minister and the commerce minister, and an aide in his office. The finance minister defended the reforms on the floor of the house in Parliament.

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Taxpayer-funded NPR mocks ‘CaPitAliSm,’ prompting calls to ‘defund’ media outlet

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National Public Radio (NPR) ignited a social media firestorm Thursday night over a tweet that appears to mock capitalism, despite taxpayer dollars accounting for much of the organization’s annual budget.

The outlet posted a story titled “And Now, Crocs With Stiletto Heels” that explores a curious new collaboration between luxury fashion brand Balenciaga and Crocs, the rubber slipper company responsible for fashion faux pas among the millions of comfort-clinging owners nationwide.

The caption accompanying the article, which was written in both uppercase and lowercase letters, appears to mock the collaboration: “CaPitAliSm bReEds InNovAtiOn,” it reads. 

The tweet’s language sparked outrage on social media, with figures like conservative Tim Young calling out the irony in NPR’s three-word post.

“You wouldn’t exist without capitalism, clown who is tweeting on behalf of NPR,” he wrote.

“Job at public news station wouldn’t exist wo capitalism,” another user echoed. “Are you guys ok?”

“Our tax money shouldn’t pay for this,” one person expressed.

“It’s still a hell of a lot better than communism at breeding innovation, even if some of the products are silly,” one woman fired back.

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