Musk Mania: European Censors Warn Musk that They May Level Fines Based on all of his Businesses

I have previously written about the European Union’s (EU) effort to use its infamous Digital Services Act (DSA) to force companies like X to censor Americans, including on postings related to our presidential election. This is a direct assault on our free speech values, and yet the Biden-Harris Administration has not raised a peep of objection. Now, the EU is threatening to set these confiscatory fines with reference to revenue from companies other than X, including Space X.

The EU has warned Musk that it is allowed to hit online platforms with fines of as much as 6% of their yearly global revenue for refusing to censor content, including “disinformation.” The inclusion of companies like Space X is ridiculous but perfectly consistent with the effort of the EU to use the DSA to regulate speech in the United States and around the world.

The EU is arguing that as a “provider” Musk’s entire business portfolio can be included in the fine calculation. It is ridiculous and chilling. Musk’s other companies have nothing to do with the platform policies of X. It is simply an unhinged coercive measure designed to break Musk.

X has objected:

“X Holdings Corp. submits that the combined market value of the Musk Group does not accurately reflect X’s monetization potential in the Union or its financial capacity, In particular, it argues that X and SpaceX provide entirely different services to entirely different users, so that there is no gateway effect, and that the undertakings controlled by Mr. Elon Musk ‘do not form one financial front, as the DMA presumes.'”

However, the abusive calculation is precisely the point. The EU censors are making an example of Musk. If they break us, no company or executive could hope to defy them. They are being cheered on in this effort by an anti-free speech movement that includes America politicians and pundits.

One of the lowest moments came after Elon Musk bought Twitter on a pledge to restore free speech protections, Clinton called upon European officials to force Elon Musk to censor American citizens under the DSA. This is a former democratic presidential nominee calling upon Europeans to force the censorship of Americans.

She was joined recently by another former democratic presidential nominee, John Kerry, who called for government crackdowns on free speech.

In my new book on free speech and various columns, I write about the DSA as one of the greatest assaults on free speech in history. As I wrote in the book:

“Under the DSA, users are ’empowered to report illegal content online and online platforms will have to act quickly.’ This includes speech that is viewed not only as ‘disinformation’ but also ‘incitement.’ European Commission Executive Vice President Margrethe Vestager has been one of the most prominent voices seeking international censorship. At the passage of the DSA, Vestager was ecstatic in declaring that it is ‘not a slogan anymore, that what is illegal offline should also be seen and dealt with as illegal online. Now it is a real thing. Democracy’s back.’”

The pressure on Musk’s other companies has also been ramping up in the United States. Recently, the California Coastal Commission rejected a request from the Air Force for additional launches from Vandenberg Air Force Base. It is not because the military agency did not need the launches. It was not because the nation and the community would not benefit from them. Rather, it was reportedly because, according to one commissioner, Musk has “aggressively injected himself into the presidential race.”

It is all part of Musk mania and the need for the anti-free speech movement to break the only executive who has defied the pressure from this alliance of media, academic, corporate, and government officials.

As I have discussed previously, there is a crushing irony in all of this. The left has made “foreign interference” with elections a mantra of claiming to be defending democracy. Yet, it applauds EU censors threatening companies that carry an interview with a targeted American politician. It also supports importing such censorship and blacklisting systems to the United States. When you agree with the censorship, it is not viewed as interference, but an intervention.

Anti-free speech advocates like Clinton are now going old school. After trying to convince Americans to embrace censorship and blacklisting, they are now praising governments like Brazil and the EU for directly imposed speech regulations on American citizens.

The question is where is the Biden-Harris Administration and Congress. You have a foreign government forcing the censorship of speech of American citizens. We routinely impose reciprocal trade barriers on countries for interfering with our markets. Yet, when a government seeks to curtail political speech in the United States, our leaders are silent.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

262 thoughts on “Musk Mania: European Censors Warn Musk that They May Level Fines Based on all of his Businesses”

  1. Maybe Ian Fleming’s “SPECTRE” is real? Question: Who’s the real Ernst Starvo Blofeld?

  2. I think Germany in particular has made a number of foolish economic mistakes over the past few decades. To include, forfeiting the right to print their own money, reunification, closing coal plants, creating multinationals while admitting cheap foreign imports, expanding the welfare state, etc., and while it is still the leading economic driver of the EU virtually all of it is based on exports. Germany must import its wealth. Meanwhile the working populous is being crushed under heavy taxation. And finding it more difficult to obtain a decent wage because formerly national corporations, turned multinational, must remain competitive. Maintaining their positive trade balance with the US is therefore essential. This in a country where people expect to get paid for everything, for every task or service they provide however trivial or menial. Not at all surprising they now attempt to siphon some of Elon’s wealth. Which is to say, don’t kid yourself, this isn’t just a free speech or online copyright issue, it’s also economic opportunity, in a world where not all play fairly as Americans typically perceive of such things. So while they may say yes to a Hillary, or an Obama, they’re simultaneously saying, “cha-ching.”

  3. “. . . European Union’s (EU) effort to use its infamous Digital Services Act (DSA) to force companies like X to censor Americans . . .” (JT)

    I propose a trade.

    23 countries are part of both the EU and NATO. Tell those 23 to drop out of the EU, and we’ll continue to support NATO. If not: Bye-bye. America does not support those countries who usurp our rights and who try to destroy our best and brightest.

    1. Interesting idea.

      But it will not come to that.

      President Trump will make it clear to th EU and Brazil shortly after taking office how bad things will go for them if they keep this nonsense up.

      Biden is correct when he says that the US economy is the best int he world right now.
      Most of the world is in sheep dip.
      Germany is deindustrializing. and it is a political mess. France might have a better economy and demographics – but its politics are a massive mess. Throughout Europe the political right is on the rise. The only question is whether that rising right will be La Penn or Afd or something less dangerous.

      Regardless, the left is toast.

  4. Sounds like California, NY, NJ and a select few other Democratic controlled States. People are leaving in droves in search of freedom. I guess some are born to be slaves and oppressed while others are born free and will never bend a knee to tyranny.

  5. Hnmm. NATO members are duty bound to defend any other member that is attacked. The E.U. attacks the constitutional foundation of the United States of America. Is this Laurel and Hardy redux? “Well, this is another fine mess you’ve gotten us into” …

  6. “The EU censors are making an example of Musk.” (JT)

    With this fascist threat:

    “We can control, loot, and destroy Musk. Imagine what we can do to you.”

    Prometheus should say: “No fire for you.”

  7. Maybe the EU disinformation office should haul in Jeffrey Goldberg (Editor in Chief of The Atlantic) for spinning some more quotes on Trump like the Suckers and Losers quote he spun before. 2 new anonymous quotes of Trump from 4 years ago already denied by affected family and staff present at the time of the supposed sayings.
    The Atlantic is starting to act somewhat like a Spitting Cobra, launching poisons at the drop of a hat, or maybe an electric shock from the WH.
    Things are getting nasty out there.
    I guess $ 1 Billion can buy a lot of poison.

    1. GEB, that is one of the most despicable fake stories that the Dems have ever put out there. Anonymous “sources” say it happened while people going on the record say it didn’t as well as the woman’s family.

      If Trump said something so dreadful why the need to remain anonymous? Absolutely sickening!

      A good reminder that people that remain ANONYMOUS should not be listened to OR READ on this or any other site.

    2. GEB,
      Nasty is right. They are getting desperate. Despite all their efforts, they are losing and they know it. Now they have to resort to trying to shame minorities into voting for Harris. Even threats if the dont vote for Harris women wont date them. The shrill fabrications on MSM. Now trying to get the EU to interfere on their behalf. And even anonymous lies in The Atlantic. Even our leftist friends comments here on the good professor’s blog read as desperate.

  8. The First Amendment to the United States Constitution guarantees freedom of speech, which is interpreted broadly to include both spoken and written words, as well as symbolic speech. This protection applies equally to individuals with Autism Spectrum Disorder (ASD).
    The First Amendment provides substantial protection for free speech, even when the ideas expressed are considered illogical, offensive, immoral, or hateful. This means that individuals with ASD, who may have difficulties with communication or social interactions, are entitled to express their opinions and ideas without interference or punishment from the government.
    The Americans with Disabilities Act (ADA) of 1990 and its subsequent amendments ensure that individuals with disabilities, including those with ASD, are protected from discrimination in all aspects of life, including employment, education, and public accommodations. This includes protection from discrimination based on speech or communication styles that may differ from those of neurotypical individuals.
    While individuals with ASD may require accommodations to facilitate effective communication, these accommodations do not infringe upon their First Amendment rights. In fact, providing reasonable accommodations, such as Augmentative and Alternative Communication (AAC) devices or sign language interpreters, can help ensure equal access to the freedom of speech.
    Individuals with ASD may face unique challenges in exercising their First Amendment rights, including difficulties with social cues, anxiety, or sensory overload. However, these challenges also present opportunities for growth and self-advocacy. By acknowledging and addressing these challenges, society can work towards creating a more inclusive and supportive environment for individuals with ASD to exercise their fundamental right to free speech.

    1. * The creator endowed mankind with a larynx. He made all kinds of things. The creator endowed mankind with 2 legs. People can walk and jump and run!

      The creator endowed man with a brain. Amazing… the larynx. It’s a communication device.

  9. In addition to Trump Derangement Syndrome, the world is witnessing a new health malady: Musk Derangement Syndrome. Both of these fueled by 2 losers (literally) who seek out sycophants to heal their wounded egos, Kerry and Mrs.Bill (Clinton), whining as if they are relevant to anything of matter.

    1. Trump Derangement Syndrome
      Musk Derangement Syndrome
      Netanyahu Derangement Syndrome

      Specific instances of Deplorables Derangement…

  10. Trump has toyed with the idea of appointing Musk to his administration as a Secretary of Common Sense. While apocryphal, the threat should be enough to scare off the Brits who are trying to do what they failed to do 250 years ago. Unlike Britain, the U.S. is NOT a post-feudal democracy and the British speech rules derive from measures taken long ago to shield the monarchs from the insults of the peasants. While the monarchy has been reduced to ceremonial status, some of these laws are still on the books and they engender new versions of what they were meant to do. The difference is that they and their sponsors are no longer looking to protect the monarchy but, instead, their own woke policies to instill their own brand of governance. But the U.S., too, has its traditions embedded in its laws and Constitution and one of them, perhaps the most fundamental of all, is free speech. The Brits have less than two weeks to flex their muscles, after which they and this crusade will disappear almost as quickly as it appeared.

  11. I’m a little confused and feel like I’m missing something. How does another country fine one of us if we are not residing there? And how is the EU limiting free speech to Americans if they are only censoring over there. They have no power here. When I went to school up in in Plattsburgh, NY (near the Canadian borer) we went to Montreal and got a parking ticket, We left and gave Canada the finger and never paid it.

  12. Why is fascism so popular? How did Hitler take over Germany in the 1930s with the population having such happy faces? And why or why have the MAGA crowd gone full fascist? Please look up the definition of Fascist, you will find trump fits the definition perfectly. Don’t let his eye candy of MAGA deceive you. Listen to someone who was very close to trump…

    John Kelly, the retired Marine general who was Donald Trump’s White House chief of staff, entered the 2024 fray in stunning fashion, saying the former president fits “into the general definition of fascist” and wanted the “kind of generals Hitler had” in a series of interviews published Tuesday.

    1. Europeans are no damned good.

      Since about 1900, U.S. history has been consumed with either keeping various groups of Europeans from slaughtering the rest; or cleaning up after European Colonial disasters. The Middle East and Africa – both basket cases – are the result of European meddling.

      We have spent the equivalent of our entire national debt fixing these issues.

      With that as background, we should defer to Europeans on ANYTHING?

    2. Anonymous8:01AM-
      A little known fact that nearly disappeared from history books after WW2. There were a lot of fascists in Europe, not just in Germany and Italy. Spain was totally Fascist under Franco. The was a large fascist movement in the UK (primarily) in the upper classes, and fascists helped the Germans rule Norway (Quisling), as well as fascists in France and Yugoslavia, sizable number in Sweden and Romania, Hungary and Bulgaria fought with Germany in WW2 with sizable numbers of fascists in those nations.
      John Kelly is right about one thing and that is Hitler did have, top-to-bottom, the best generals, as a group in WW2 if you remove politics and the reprehensible nation they fought for. Manstein, Rundstedt, Rommel, Guderian, and others.
      Strange but I have never seen John Kelly in a list of outstanding generals of the USA. Strange he did not mention this in 2020. Seems these remembrances just occur every 4 years or so. It’s something like claiming rape 30 years after the event

      1. Harris is so pathetic she is now having Obama, Spike Lee, assorted rappers and others doing her interviews and stumping. She has evidenced herself as an idiot over and over by opening her mouth. Is this what America needs for a leader?

        1. “Is this what America needs for a leader?”

          If the goal is realizing MALD (Make America Like Detroit) that is an absolute requirement.

    3. No offense, but you’re an idiot.

      You have not read the official English translation of Mussolini’s manifesto. I have. Even the junior high school crib note version that takes one quote of Il duce to define fascism as: “Everything within the state, nothing outside the state, nothing against the state” is much closer to how the United States operates now than what Trump did as President or what he proposes.

      The state currently wants to ban gasoline powered cars; until they are banned that state dictates to manufacturers what kind of gas mileage the cars they produce must get; the state wants to decide what kind of straw you can use to suck liquids out of your glass; what kind bags you use to carry your groceries; that light bulbs must be made a certain way; how much water your toilet can flush, and so on.

      Then they want to confiscate as much of the money you earn to support your family as you will tolerate so they can redistribute it to favored clients in exchange for votes.

    4. John Kelly, the retired Marine general who was Donald Trump’s White House chief of staff, entered the 2024 fray in stunning fashion

      Isn’t John Kelly one of the many retired trash generals who had complete contempt for military discipline and person honor, the ones who violated the UCMJ and it’s prohibitions forbidding talking crap about a Commander In Chief? Is that what makes him so endearing to Soviet Democrat Anonymous Useful Idiots?

      ARTICLE 88. Contempt toward Officials
      Any commissioned officer who uses contemptuous words against the President… shall be punished as a court-martial may direct.

      They certainly didn’t talk shyte about Obama/Biden lifting sanctions on Iran’s Mad Mullahs and giving them billions in unmarked currency to spend helping hajjis in Afghanistan and Iraq kill their fellow American solders. Didn’t say a word on any talk show or in public – didn’t write any books!

      Didn’t talk shyte about Obama/Biden deserting Americans to die in Benghazi and then lying to Americans it wasn’t a terrorist attack. Silent…

      To be fair to Kelly and the rest of those trash generals: the minute Trump was replaced by Biden, they obediently reverted to complying with the UCMJ as they had when Obama was Commander In Chief.

      Kelly, Ravensburg, Chrystal, all of them: not a single one of those shyte talking generals had a single word to say about now Commander In Chief Biden abandoning Afghanistan and the Americans there, along with enough advanced American weaponry to arm a small NATO country to the hajji terrorists.

      I remember when John Kelly saw Biden’s Chief of Staff filling his position praise Biden’s generals who defended Biden abandoning thousands of Americans and our allies in Afghanistan, and John Kelly saying “those are the kinds of presidents, Chiefs Of Staff, and generals we should have had to fight Hitler in WWII.”

      Remind us: was John Kelly one of the “intelligence experts” that swore that the Biden Bribery Laptop was “just Russian election campaign disinformation”?

      We’ll know Trump is a fascist if he dares to prosecute John Kelly and the rest under the UCMJ they still violate once he’s elected?

  13. Strange how the United States was able to establish a nation based on democratic principles taken from our knowledge of politics and government gleaned from the nations of Europe such as the UK, France, The Netherlands and others and we put in place the thoughts of the European Enlightenment with our Revolution, and Constitution and then our rededication to those ideals with a bloody Civil War to end slavery and gave that all back to Europe so they could learn something new and maybe follow the same course. We also intervened in Europe to help democracy in WW1, WW2 and then the Balkans in the 1980’s-1990’s .
    And Europe still can’t get the message right.
    Instead of taking the cue from the winning messages in the US they listen to the ilk of Hilary Clinton, John Kerry, the Cheney’s and others and a senile old man who resides in the memory care unit at the WH.
    They had a good example on how to set up Federal System when they formed the European Union but god forbid they should use the US as an example.
    The European Union is simply the Facists of Europe and their Power Made Oligarchy laid over the real nations of Europe so they could forever blunt the unwashed masses from ever achieving power.
    And the present WH says nothing because they are fully in on it.
    The European Union and the Present WH Administration feels that they have to “destroy democracy to save it”. Bad idea.
    Viva Elon Musk. Get the best security you can.
    Oh and Last of all Vote Trump. An imperfect messenger but definitely at the right time.

  14. Rather than annulling the Constitution and Bill of Rights in America, that fundamental law should be adopted as absolute by the EU and every other nation on earth.

    America and aligned nations must know the enemy.
    _________________________________________________________

    “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

    – Sun Tzu, The Art of War

  15. Mr Turley:

    Since the California Coastal Commission can ban Musk from launching rockets because he “injected himself into the Presidential race”, don’t you think we should ban “Suffs” from playing on Broadway because Hillary Clinton is a producer. What’s good for the goose…

    BTW It will probably close by Jan for lack of attendance.

  16. Kamala Harris is all for censoring Musk another reason we’re doomed if she’s elected President.

  17. Congressmen are more worried about their portfolios than free speech. They are overinvested in Europe, particularly in Ukraine, which pays off with the “aid” we give them. Anything that threatens the so-called “free market”, i.e., their personal income, has to be crushed. It is the main driver behind the neocons turning on Trump. When they have to make a choice between their country and their wallets, guess who they pick?

  18. If our Republican politicians stay silent and Trump doesn’t win the election and the Republicans don’t win the House and Senate then we Americans and Musks are SCREWED! My family is looking fir a new country to call home bc this United States will have no Consitution! It will be ran by IDIOTS and LAWLESSNESS!

    1. I do hope you are serious. We do not need fascist trump supporters in our country. Please leave, I’ll help you pack.

      1. No need. Trump will win and you can suck your thumb like you did in 2016.

        RCP Trump 312

      2. Please leave, I’ll help you pack.

        If he WAS serious, you’d never show up.

        In person, you would no longer be able to hide your cowardice behind “Anonymous”.

  19. Those that cannot compete seek to change the rules. Thus the EU, a geographic region now in semi-retirement. They don’t know what else to do. Vapid and creatively vacant, they think taxes and fines are their only recourse.

  20. Musk should move Space X to China and help them dominate the space industry. They would welcome him.

    1. Very on the point. EU has become non gratis by many people among whom I live. Many want the EU to stop dictating what they are allowed to do in their own country. This is heard more & more every day; they’re tired of “rules” coming from “ The Kingdom of Belgium “. Sounds like the UK some years ago.

      1. Indeed, you can see a centralization of power in Brussels with the EU. It started as an organization with focus on the economy (and preventing more wars), called the EEC and ECSU, but morphed into an almost all encompassing political organization. The parliaments of the individual member states spend 70% of their time at implementing EU law (Directives), which indicates how much autonomy they have lost. In addition, the EU suffers from a democratic deficit. They have a parliament with limited power that is elected, but the executive branch is not. The EU Commission is selected via horse trading in Brussels backrooms. Who had ever heard of Von Der Leyen?
        Unfortunately, the centralization of power has also occurred in the US. With every crisis, Washington DC increased its power (Civil War, WWI, WWII, the Great Depression, the emergence of the welfare state created by the overrated president Roosevelt, the 9/11 terror attack which gave us the Patriot Act initiated by Baby Bush) and it is now the dominant political force.
        Centralization of power always leads to less freedom, we see it clearly in the EU and in DC, but I am hopeful that we can at least push back in November. If not, the trend of centralization will move forward at a global scale, and efforts will continue to create an all powerful and unaccountable global bureaucracy. Organizations as the UN, World Bank, OECD, IMF all work in that direction. Taxation – my line of expertise – is a good example with the introduction of a global minimum tax and global exchange of financial information. Democracy and freedom demand de-centralization and empowerment of local forms of government geared towards empowering individuals to direct and control their own lives. I pray we will be able to reverse the tide in November.

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