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Facebook Struggles With Roll Out of Election-Week Political Ad Ban

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  • Facebook announced in September that it would ban all new political ads the week before the election, but the company’s first day enforcing the policy was met with a number of issues. 
  • Both Republicans and Democrats reported having ads banned that were approved before the deadline, a factor that could be very harmful to small, local campaigns that rely on the platform to share their messages.
  • Meanwhile, a Trump campaign ad arbitrarily saying “Today is Election Day” and encouraging people to “vote TODAY!” — in violation of the platform’s rules — was allowed to run before Facebook removed it. 

Facebook Rolls Out Election-Week Policy

Facebook implemented its new policy on Tuesday prohibiting any new political ads from running the week before the election in a rollout that was riddled with glitches.

The company first announced the ban in September as part of a broader set of policies aimed at combatting misinformation ahead of the election. Notably, the rule does not prohibit all political ads — campaigns can still run old ones.

In fact, political advertisers are even allowed to change the budget of those ads and decide when they would run. Under the election week ban, anyone running a political ad is simply required to submit and run any new ads before midnight Pacific Time on Monday.

But on Tuesday, both Democratic and Republican strategists reported immediate problems and told reporters that ads they had previously run, and thus met Facebook’s guidelines, had been banned.

Eric Frenchman, the chief marketing officer at Republican digital firm Campaign Solutions, told Reuters that several campaigns he was working with were hit. A spokesperson for the campaign of Democratic nominee Joe Biden also informed the outlet that an undisclosed number of the former vice president’s campaign ads had been impacted.

In a statement on Twitter, Biden’s digital director Rob Flaherty slammed Facebook and called the company’s ban a “silly, performative pre-election hoop-jumping exercise.”

Big Issues for Small Campaigns

That criticism was also echoed by Maddie Kriger, the Integrated Media Director at the progressive advocacy organization and super PAC Priorities USA, who told CNBC the organization’s previously-approved ads had been blocked too.

“Even [with] accidental errors, an error like this has a huge impact on our program and our ability to communicate to voters,” she said. “It’s really unacceptable at this stage of the election. It’s just such high stakes that 12 hours in a week left situation is a real loss.”

Facebook has been one of the cheapest and most effective ways for candidates — especially in local races — to share their messages with voters. At the end of the day, glitches like this may not be a big deal for campaigns like Biden’s or President Donald Trump’s, which have a lot of money and manpower. 

However, these technical issues can seriously impact those smaller campaigns that might not have enough financial and physical support for alternative outreach like emails and phone banking during this key final stretch before the election. This is especially important during the coronavirus pandemic when in-person outreach like door-knocking and campaign events are limited.  

It is unclear if these problems persisted into Wednesday, though Facebook spokesperson Rob Leathern said in a tweet that the company was looking into it.

“We’re investigating the issues of some ads being paused incorrectly, and some advertisers having trouble making changes to their campaigns,” he said. “We’re working quickly on these fixes, and will share an update once they are resolved.”

Trump Campaign Ads

The glitches were not the only backlash Facebook experienced Tuesday over the policy. While strategists for smaller, local campaigns worried about communicating with voters, others noted that the Trump campaign had been allowed run ads that appeared to violate Facebook’s rules on election misinformation and declaring victory before all votes are counted.

In one ad, a picture of Trump with the text “Election Day is Today” implored people to “vote TODAY!” without any further context. 

CNBC also reported that the campaign also had an ad boasting about GDP figures that have not yet been released, as well as another that the outlet described as a “victory ad.”

“A video in the ad shows the president’s face superimposed on a sun, with a voiceover pulled from various sources,” CNBC reported. “‘It’s morning in America. Donald J. Trump is still president of the United States,’ the video says. Flowers rise from the ground and open to faces, who scream, ‘NOOOO!’ as the smiling president, now also a hummingbird, flits around.”

According to reports, those ads are not currently being run. They are, however, visible in Facebook’s ad library as pre-approved ads, which means that in order to have met Facebook’s rules for election week ads, they had to have been run at some point before now. As a result, some outlets claimed the messages appeared to be the Trump campaign’s way of getting around the ban.

Despite having previously approved the ads and even letting them run at some point, a few hours after media reports about the technical issues began to surface, Facebook told reporters that it would be removing the “vote TODAY!” ads.

“As we made clear in our public communications and directly to campaigns, we prohibit ads that say ‘Vote Today’ without additional context or clarity,” the company said in a statement.

However, a spokesperson also told CNBC Facebook would not take down the ads where Trump claimed he was “still your president” because regardless of the election outcome, Trump will still be president until Jan. 20.

In a statement, Trump’s Deputy National Press Secretary Samantha Zager condemned Facebook for removing the “vote TODAY!” ads and accused the company of censoring political messages to sway the election in favor of Biden.

“This is election interference at the hands of the Silicon Valley Mafia, and it is dangerous for our democracy,” she said.

See what others are saying: (The Washington Post) (CNBC) (Reuters)

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White House Endorses Bipartisan Senate Bill That Could Ban TikTok

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The measure does not target TikTok specifically but instead would set up a framework to crack down on foreign products and services that present a national security threat.


The RESTRICT Act

A bipartisan group of senators introduced a bill Tuesday that would allow the federal government to restrict or even outright ban TikTok and other technologies produced by foreign companies.

Under the legislation, dubbed the RESTRICT Act, the Commerce Department would have sweeping authority to identify and regulate technologies that pose a risk to national security and are produced by companies in six “foreign adversary” countries: China, Russia, Iran, Cuba, Venezuela, and North Korea.

In other words, the proposal would not explicitly ban TikTok, but instead creates a path for future prohibitions on the Chinese-owned platform. 

While the bill’s text does not specifically mention TikTok, the group of senators made it clear that the app is their number one target, directing most of their criticism to the platform in statements announcing the measure.

The legislation, however, would go way beyond TikTik: it is also designed to prepare for future situations where apps or technologies from an “adversary” country become popular in the U.S.

The bill’s Democratic sponsor, Sen. Mark Warner (D-Ma.), echoed that point in his remarks Tuesday.

“Today, the threat that everyone is talking about is TikTok, and how it could enable surveillance by the Chinese Communist Party, or facilitate the spread of malign influence campaigns in the U.S.,” he said. “Before TikTok, however, it was Huawei and ZTE, which threatened our nation’s telecommunications networks. And before that, it was Russia’s Kaspersky Lab, which threatened the security of government and corporate devices.”

“We need a comprehensive, risk-based approach that proactively tackles sources of potentially dangerous technology before they gain a foothold in America, so we aren’t playing Whac-A-Mole and scrambling to catch up once they’re already ubiquitous.”

Proponents of the bill also hope that, given the broad scope of the legislation, it will gain more traction than past proposals that zeroed in on TikTok. Support for the measure was further bolstered when the White House announced it would back the move shortly after it was rolled out.

“This bill presents a systematic framework for addressing technology-based threats to the security and safety of Americans,” National Security Advisor Jake Sullivan said in a statement. “We look forward to continue working with both Democrats and Republicans on this bill, and urge Congress to act quickly to send it to the President’s desk.”

A Bumpy Road Ahead

Despite the bipartisan push, there are still some hurdles for the RESTRICT Act to overcome.

Although the legislation does not directly ban TikTok, because that is clearly its intent, the same issues with an outright prohibition still stand. One of the most serious concerns is that banning TikTok would violate the First Amendment.

There is past precedent on this front: in 2020, a federal magistrate judge blocked the Trump administration from requiring Apple and Google to take the Chinese-owned app WeChat off their app stores.

In that decision, the judge argued that the government only had “modest” evidence about the app’s risks and that removing it from app stores would “burden substantially more speech than is necessary to serve the government’s significant interest in national security.”

TikTok has emulated that argument. In a statement responding to the RESTRICT Act Tuesday, a spokesperson for the company said the legislation could “have the effect of censoring millions of Americans.”

Meanwhile, even if the act does pass, there is also the question of whether the Biden administration would decide on a full-scale ban. 

Commerce Secretary Gina Raimondo would be the one responsible for overseeing the process under the bill, and while she said she said in a statement that she “welcomed” the proposal and promised to work with Congress to pass it, she has also previously expressed hesitation for a full prohibition.

On the other end of the equation, there are concerns that this measure will not ultimately get enough bipartisan support from Republicans who do want an outright ban and will refuse to accept anything that falls short of that.

While speaking with Fox News on Tuesday, Sen. Marco Rubio (R-Fl.) said the new plan did not go far enough and argued that Congress “should pass a bill that bans TikTok.”

Even if the legislation does get enough support in the Senate, its path is unclear in the GOP-held House, where it also does not yet have a companion bill. Republicans in the House recently introduced a measure that would give the president the power to unilaterally ban TikTok in the U.S.

That proposal, however, is not bipartisan like the RESTRICT Act, which will be a key test to see if legislators can find a middle ground on the matter.

See what others are saying: (The Washington Post) (Reuters) (NBC News)

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What You Need to Know About Wisconsin’s Supreme Court Race — The Most Important Election in 2023

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Gerrymandering, abortion, the 2024 presidential election, and much more are on the line.


Primary Election

An election to fill an empty seat on the Wisconsin Supreme Court that has been described as the most consequential race of 2023 has now been narrowed to two candidates after the primary Tuesday.

Liberal Milwaukee County Judge Janet Protasiewicz easily took first place, winning 46.4% of the vote with nearly all precincts reporting. In second place with 24.2% was conservative Daniel Kelly, a former Wisconsin State Supreme Court justice who was appointed by the state’s then-Republican governor in 2016 but lost his re-election in 2020.

Notably, the wide discrepancy in votes can be explained by the fact that Kelly split Republican ballots with another conservative candidate who came in a close third with 21.9%. As such, the general election is expected to be tight.

Also of note, this race is technically supposed to be non-partisan, but Protasiewicz has closely aligned herself with Democrats and Kelly has done the same with Republicans. Both parties, as well as dark money groups, have poured millions of dollars into the high-stakes election that will determine whether liberals or conservatives will have a 4-3 majority on the state Supreme Court at an incredibly consequential time.

There are a number of paramount issues at play here that have widespread implications not just for Wisconsin but America at-large.

Gerrymandering and Elections

Wisconsin is one of the most important swing states in the country: it helped decide the outcomes of both the 2016 and 2020 presidential elections, and it is the center of debates on gerrymandering and free and fair elections that have played a role in those races.

The state Supreme Court, which has had a conservative majority for the last 14 years, has been instrumental in shaping those policies, having weighed in on many of the most crucial topics and almost always siding with Republicans.

For example, in what VICE described as “arguably the most important decision the court made in recent years,” the court ruled 4-3 last year to uphold one of America’s most gerrymandered maps that gave Republicans a massive advantage.

“The maps are so gerrymandered that Republicans hold six of Wisconsin’s eight House seats and nearly two-thirds of legislative seats in the state—even though Democrats won most statewide races last year,” the outlet reported.

That ruling created something of a self-fulfilling prophecy: the conservative majority court has decided so many critical topics because the state government is deadlocked with a Republican majority in the legislature and a Democratic governor.

So, by approving a map that massively favored Republicans, the conservative court kept that system in place, ensuring that they would continue to have the final say on so many of these essential areas.

However, if Protasiewicz wins the general election, the court is all but certain to revisit the gerrymandered map. Protasiewicz, for her part, explicitly stated in a recent interview that a liberal majority could establish new election maps. Kelly, meanwhile, has said he has no interest in revisiting the maps. 

A decision unfavorable to the GOP-drawn maps would have significant implications for the internal politics of Wisconsin and control of the U.S. House of Representatives, where Republicans currently hold a very slim five-seat majority.

To that point, the Wisconsin Supreme Court also plays a big role in how the state’s elections are administered and how its ten Electoral College votes will be doled out in the 2024 presidential election. 

Last year, the conservative court banned absentee ballot drop boxes, and in 2014, it upheld a GOP voter ID law that studies have shown suppressed Black voters. While the court did vote against considering former President Donald Trump’s lawsuit to try and overturn the 2020 election in Wisconsin, it only did so by a thin margin of 4-3.

The court will very likely be tasked with wading into elections-related cases in the coming years. Already, it is anticipated that the justice will hear a lawsuit by a conservative group aiming to further limit voting access by banning mobile and alternate voting facilities.

Abortion and Other Important Statewide Subjects

In addition to the ramifications for America broadly, there are also plenty of paramount issues concerning the state Supreme Court that will materially impact the people of Wisconsin.

Much of the race has been centered heavily on the topic of abortion and reproductive rights because the composition of the court will almost positively determine whether or not abortion will be legal for the state’s six million residents.

Following the Supreme Court reversal of Roe v. Wade, an 1849 Wisconsin law banning abortion went back into effect. Currently, a lawsuit against the ban is winding its way through the court system, and it is all but assured that battle will eventually go before Wisconsin’s Supreme Court.

Experts and analysts say that if Kelly wins, it is essentially guaranteed that abortion will remain illegal in almost all cases. Protasiewicz, by contrast, has campaigned extensively on abortion rights and vocally supported the right to choose.

Beyond that, there are also several other major issues the court will likely rule on in the coming years. For example, Protasiewicz has also said she believes a liberal majority could reverse a 12-year-old law that basically eliminated collective bargaining for public workers. All of that is just the tip of the iceberg.

“Everything is at stake, and I mean everything: Women’s reproductive rights, the maps, drop boxes, safe communities, clean water,”  Protasiewicz told VICE. “Everything is on the line.” 

See what others are saying: (VICE) (The New York Times) (The Washington Post)

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Republicans Want to Cut Food Stamps — Even As Pandemic-Era Programs Wind Down

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Experts say cuts to food stamps could have a devastating impact on the 41 million Americans who rely on the program.


GOP Weighs SNAP Cuts in Budget

In recent weeks, top Republican lawmakers have floated several different ideas for cutting food stamp benefits.

Earlier this month, Republicans now leading the House Budget Committee flagged food stamps — formally known as the Supplemental Nutritional Assistance Program, or SNAP —  as one of the ten areas they would support cuts to in their new budget proposal. 

In a memo, the panel argued that stricter work requirements would “save tens of billions,” while a more rigid verification process for applicants would limit waste, fraud, and abuse. The idea comes as part of a broader effort to reduce the federal deficit.

Experts, however, say the proposed changes could result in debilitating cuts for the 41 million Americans who rely on food stamps and exacerbate an ongoing hunger crisis at a time when inflation has sent food prices rising.

SNAP provides low-income households with an average of around $230 a month for groceries. For many of those families who are also the most impacted by inflationary price increases across the board, that money is absolutely essential.

Experts have also noted that any additional cuts to SNAP would be especially harmful because Republicans are still proposing new cuts despite the fact that Congress already agreed just two months ago to end a pandemic-era program that had increased benefits in some states.

Under the pandemic policies, SNAP was expanded so households could receive maximum benefits instead of benefits based on income testing while also giving bigger payouts to the lowest-income Americans.

That expansion is now set to expire in March, and according to the anti-hunger advocacy group the Food Research and Action Center, an estimated 16 million households will see their per-person benefits drop by around $82 a month.

The Farm Bill Debate

Even if Republicans do not end up cutting SNAP in the budget, the program may still be in hot water.

While raising the debt limit is at the forefront of ongoing partisan battles at the moment, there is already a fight shaping up over another essential piece of legislation: the farm bill.

The farm bill is a package that has to be updated and reauthorized every couple of years. One of the most important legislative tasks Congress is responsible for, the farm bill includes many important subsidies and programs that are imperative to America’s food systems, farms, and much more.

SNAP is among the nutrition-based programs that fall under the purview of the farm bill, and Republicans have already tossed around the idea of cutting food stamp benefits in their ongoing negotiations.

Those debates are quite forward-looking, though it is normal for such discussions to occur early during a year in which Congress is charged with passing the farm bill. Lawmakers have until Oct. 1 to either enact a new version or agree on some kind of extension.

See what others are saying: (The Washington Post) (Business Insider) (Axios)

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