The Free Flow — February 6, 2025
A Global Free Speech Roundup for the Digital Age
The Digital Age
» Elon Musk Shuts Down DOGE Critics on X
Since Musk’s appointment to the Department of Government Efficiency (DOGE), the billionaire CEO has used his ownership of X to promote the White House’s agenda.
Background:
On Tuesday, Musk polled X users on whether DOGE should audit the IRS. He has also telegraphed Trump policies, such as gutting USAID.
Users on X expressed concern over Musk’s unprecedented concentration of private and state powers, publishing the names of DOGE employees who work with him.
The tech magnate responded, “you have committed a crime,” and removed the post identifying the DOGE employees.
The U.S. Attorney for the District of Columbia posted a letter to Musk asking him “to utilize me and my staff to assist in protecting” DOGE employees.
But as a coalition that included the Foundation for Individual Rights and Expression (FIRE) and Freedom of the Press Foundation pointed out in a letter to the U.S. Attorney, it is completely legal to publish the names of public officials, like DOGE employees.
Musk’s role as a “special government employee” who happens to control a large social media platform and his intolerance for criticism casts doubt on the White House’s executive orders on restoring freedom of speech online.
At the very least, this raises questions as to whether Musk is a state actor when he blocks users on X.
» NetChoice sues Maryland, Claims Kids Code Violates First Amendment
NetChoice, a trade association of online firms, sued Maryland in its 10th lawsuit against various internet regulations.
Background:
NetChoice has actively sued on behalf of online businesses against efforts to stop online moderation in Florida and Texas—which resulted in a Supreme Court decision enshrining the constitutionality of firms conducting internet moderation.
This time, the trade group filed a lawsuit against what it perceives as undue state interference in regulating the internet.
The suit takes aim at a provision in Maryland’s Kids Code mandating platforms to report the impact of their platforms on kids.
The group has successfully litigated in California, Texas, Arkansas, Utah, and Ohio to block a similar provision in that state’s law.
» Russia Attempts to Block YouTube
Russians experienced a sudden increase in loading time last week on YouTube, signaling the state’s attempt to curtail usage of the app without formally banning the platform.
Dive Deeper:
YouTube has frustrated Russian authorities by allowing anti-war content and removing Russian US-sanctioned influencers.
It also hosted Alexei Navalny’s exposure of President Putin’s Crimean mansion.
Putin previously blocked Facebook, Instagram, and Twitter under an “extremism law,” just after his invasion of Ukraine.
Russia has also fined TikTok repeatedly for allowing content that violates censorship rules.
The Brussels Effect: Europe and Beyond
» Sweden Convicts Qur’an-Burner
On Monday, a Swedish court convicted Salwan Najem, a 50-year-old citizen who came from Iraq in 1998, for incitement during a Qur’an-burning event in the summer of 2023.
Background:
Sweden has fluctuated in its treatment of religious book burning.
The country’s courts formerly allowed Qur’an, Torah, and Bible burnings as a legitimate expression of free speech.
And while there is no law against blasphemy in the country, the presiding judge declared Sweden’s free speech laws “does not give one a free pass to do or say anything without risking offending the group that holds that belief.”
Najem’s co-defendant, Salwan Momika, was shot dead last week—a sign that banning such actions does not temper religious tensions.
Blasphemy Ban in the UK?
Sweden’s crackdown comes as other European countries previously tolerant of blasphemy propose new regulations.
A man in Manchester, UK, was arrested on Tuesday after burning the Koran.
Meanwhile, the UK’s Labour Party is considering adopting a broad definition of Islamophobia, despite fears — including amongst Muslim MPs — that it will amount to a new blasphemy law.
» US Pressures Europe Over Digital Services Act (DSA)
The U.S. House Judiciary Committee Chair, Jim Jordan, sent a letter to his European Commission counterpart, Henna Virkkunen, expressing concern over the DSA.
Background:
The DSA aims to tighten control over online content regulation, levying fines of up to 6% of global annual revenue against online platforms that fail to remove illegal content.
Platforms are also mandated to report counter-disinformation strategies to the European Commission at its behest, as happened with TikTok in December in the aftermath of Romania’s election.
U.S. President Trump signaled his disapproval of the DSA’s hefty fines at Davos this year.
Meanwhile, The DSA Adopts Code for Illegal Hate Speech: Senior Research Fellow Natalie Alkiviadou breaks down the free speech concerns surrounding how European regulators will deal with “illegal” content.
» Europe Threatens Pakistan with Loss of Free Exporter Status Over Human Rights Record, Freedom of Expression
The EU’s warning comes days after Pakistan passed a bill that would police “fake news” on social media through fines and jail time for violators.
Background:
Pakistan has enjoyed free-exporter status with the EU since 2014, but its status is up for renewal.
After the EU’s special representative for human rights visited the country, an EU statement warned that it warned that Pakistan’s status could be in jeopardy if it does not make progress on human rights, including in how it polices freedom of expression.
The EU’s warning also comes after multiple Pakistanis were sentenced to death for “online blasphemy” last week, which we covered in last week’s Free Flow.
Quick Hits
ACLU Sues University of Michigan: The civil liberties organization sued Michigan’s flagship university for barring pro-Palestinian student demonstrators from campus.
Trump Admin Probes Columbia, Berkeley: The investigation targets five US colleges for tolerating antisemitism on campus. It is unclear why the administration chose those universities specifically, nor whether—or even what—punitive measures the administration will pursue.
FCC Seeks Public Comment on “60 Minutes” Interview with Kamala Harris: The FCC has released unedited footage of a CBS “60 Minutes” interview with Kamala Harris that Trump claimed was deceitfully edited. FCC Chair Brendan Carr has asked for public comment, although it is unclear what FCC rules the agency is accusing the network of violating.
LSU Professor Sues School: A constitutional law professor at the university claimed his suspension for comments made during a class violated his free speech rights.
Iranian Government Cracks Down on Romantic Drama: Prosecutors have pressed charges against Iranian directors Maryam Moghadam and Behtash Sanaeeha for their new film, “My Favorite Cake,” which has received international critical acclaim.
European Court of Human Rights Condemns Russia: Following the sentencing of six Russian nationals accused of “promoting homosexuality among minors” for running websites supporting and advising LGTBQ people, the ECHR faulted Russia for violating its citizens’ rights to free speech.
Press Freedom Watch:
Turkey Escalates Suppression of Journalism: The country has seen a surge in arrests and investigations of journalists in 2025, per the International Press Institute.
Kazakhstan Satirical Blogger Arrested: Human Rights Watch (HRW) reported a Kazakhstani blogger by the name of Temirlan Ensebek was arrested for a satirical post online, with at least 2 months of pre-trial detention.
Protest Watch:
Georgia Cracks Down on Protests: Two opposition leaders and multiple demonstrators were arrested on Sunday with the revival of Georgia’s anti-government protests.
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