The Detention of Pavel Durov: A Threat to Free Speech?
A Disturbing Trend
The recent arrest of Pavel Durov in France has sparked concerns about the state of free speech in the West. Increasingly, entities that once championed free expression are now advocating for “content moderation.” France's largest newspaper, Le Monde, hailed Durov’s arrest as a “defense of the rule of law rather than an attack on freedom of expression.” The Washington Post also reported that Durov was detained as part of an investigation into the lack of content moderation on Telegram.
Charges Against Durov
However, the charges laid by the French prosecutor against Durov suggest that his arrest is not merely about freedom of expression. It appears to be about controlling any activity that is beyond the grasp of bureaucratic control. Durov faces twelve charges, including “providing cryptology services aiming to ensure confidentiality without certified declaration” and five counts of “complicity” related to user posts on Telegram.
Defending Durov
Prominent figures such as Elon Musk and David Sacks have defended Durov, citing the importance of the First Amendment in the United States. They suggest that our Bill of Rights will protect our liberties from state encroachment. However, the recent cases of Steve Bannon, Julian Assange, Douglass Mackey, VDARE, and Roger Ver challenge this notion. The separation of powers and checks and balances are critical to preserving Western liberties.
Pressure to Censor
Even Mark Zuckerberg of Facebook has confessed to succumbing to censorship pressures, possibly in anticipation of a court judgment against the Biden administration. He expressed regret for not being more outspoken about government pressure to censor certain COVID-19 content, including humor and satire.
Understanding the Bill of Rights
The Framers of the Constitution understood the importance of these issues, but modern misconceptions about the Constitution often overlook their concerns. The Bill of Rights has been elevated to a near-sacred status since World War II, but most citizens would have been unfamiliar with the term a century ago.
Liberty and Power
The struggle for liberty is a battle of realpolitik and power ascension. Our enemies are organized, monolithic, and increasingly global. We must develop alternative sources of strength to preserve the liberties our forefathers granted us. For 150 years, liberty in the United States had little to do with the first ten amendments to our Constitution.
The Bill of Rights: A Historical Perspective
The term “Bill of Rights” gained popularity in the 1930s when the FDR Administration argued it had the right to take any action not prohibited by the “Bill of Rights.” The original document was stored in the basement of the State Department until 1938 and was not publicly displayed until 1952.
Global Perspective
Post-World War II, the Bill of Rights was cited as a symbol of American exceptionalism. However, a quick look at international law would challenge this claim. The Chinese Constitution, the Soviet Union’s Constitution, and the Iranian Constitution all promise various freedoms. The Framers would have understood these rights, as well as our Bill of Rights, to be mere “parchment guarantees.”
Liberty vs. Power Consolidation
In France, Pavel Durov's situation is a stark reminder of this reality. Despite the Declaration of Rights of Man and of the Citizen, which describes “the free communication of thoughts and opinions” as a precious right, Durov is a political prisoner, jailed for defying the regime.
The Global Scale of the Threat
The enemies of liberty are not confined to one country. They are increasingly global, as demonstrated by the Canadian truckers’ protest. Three charges against Durov involve the use of “cryptology” to secure private digital communications, which directly challenges their power consolidation.
Preserving Liberty
Advocates of liberty, such as Musk, Sacks, and others, must not rely solely on the First Amendment. Instead, they must work to create the cultural, social, and intellectual infrastructure necessary to maintain our freedoms. Science and math cannot be controlled or outlawed. Power should not be allowed to override the speculations and experiments of entrepreneurs and intellectuals.
Centralized Control and Freedom of Speech
All forms of centralized control today stem from a revanchist ethos, whether from the right, left, or center. Efforts to prosecute freedom of speech are ultimately doomed to fail.
Bottom Line
The arrest of Pavel Durov and the charges against him are a sobering reminder of the challenges facing free speech and liberty in the modern world. It's clear that relying on constitutional guarantees alone is not enough. We must actively work to create the infrastructure necessary to maintain our freedoms. What are your thoughts on this issue? Share this article with your friends and sign up for the Daily Briefing, which is delivered every day at 6pm.
