The Washington Post reported earlier this month that moderators for YouTube are trained to treat the most popular video producers differently than others by, for instance, allowing hateful speech to remain on the site while enforcing their policies more stringently against creators with fewer followers. YouTube denied the claims.
YouTube was buffeted by allegations in June that it failed to act against a popular video creator who repeatedly mocked a journalist for being openly gay and of Mexican descent.
Bria Kam and Chrissy Chambers, whose BriaAndChrissy channel has about 850,000 subscribers, allege that YouTube’s enforcement against their channel reduced their monthly revenue to around $500 from $3,500.
However, according to the lawsuit, YouTube routinely restricts content that is allowable by, among other things, labeling videos aimed at LGBT communities for restricted audiences only or altering thumbnail previews of the videos that serve as enticements for potential viewers.
The lawsuit mentions a BriaAndChrissy music video titled “Face Your Fears,” which features the couple standing in front of anti-gay protesters, kissing. The song lyrics encourage people in the LGBT community to be themselves. “No more hate, no more shame,” the song goes. For reasons that are unclear to the creators, the video has been placed in “restricted mode,” making it invisible to viewers at many schools, libraries or to anyone who has activated the mode meant to limit offensive content.
The couple say these restrictions have “stigmatized” their videos and limited their audience, causing their earnings to dwindle. The lawsuit also says YouTube has allowed anti-gay groups to place obscene advertisements before the BriaAndChrissy videos.
Bret Somers, whose Watts the Safeword channel has about 200,000 subscribers, claims in the suit that his average monthly sales of $6,500 fell to around $300 as a result of YouTube’s actions against him, including restricting most of his videos to small audiences. Somers, in the suit, said that videos such as those describing his experience traveling to events, festivals or conventions do not appear for many viewers. His channel also depicts more adult content such as people watching virtual reality pornography and discussion of sex toys.
Lindsay Amer, another plaintiff and the creator of “Queer Kid Stuff,” says the channel’s videos, meant for kids aged 3 to 17, initially gained traction. But after a neo-Nazi website accused her of encouraging homosexuality, the comments sections underneath the videos were bombarded with hate speech that referred to Amer as a pedophile and attacked the LGBT community. Amer says parents wrote in to say that while they supported the content of Amer’s videos, they would not allow their children to watch them because of the comments.
To understand how Stern came to overtake Schoep’s organization, you first must understand how the Michigan neo-Nazi came to find the California activist.
Stern says that while serving prison time in Mississippi for mail fraud, he formed a relationship with his cellmate and onetime Ku Klux Klan Grand Wizard Edgar Ray Killen. The KKK leader had been convicted in the “Mississippi Burning” killings of three civil rights workers. Though Killen regularly called Stern a racial slur, he nevertheless granted his cellmate power of attorney over his life story and estate.
Stern was paroled from prison in 2011. In 2016, he used his legal discretion to dissolve the Klan organization that Killen once led. That was his first successful infiltration, and the lore of Stern’s relationship with the KKK leader is what Stern says first drew Schoep in.
In 2014, Schoep called Stern to inquire about his relationship with Killen, the activist said. Schoep asked to see the man’s prison ID card and said Stern was the first black man his organization had reached out to since Malcolm X. Stern said he searched Schoep’s name, discovered he was a white supremacist, then arranged for the two to meet in California for a small race-relations summit.
The two fostered a strange kind of relationship, Stern said.
Schoep and Stern remained firmly entrenched in their political camps, he said, fundamentally opposed to what the other represents. But they also engaged in regular debate: about the Holocaust, the ugliness of the Nazi swastika, the fallibility of Schoep’s white-nationalist ideals and, most critically, the fate of his hate group.
The goal, Stern claims, was always to try to change Schoep’s mind.
“From day one, I always told him: ‘I don’t agree with you; I don’t like you,’ ” Stern said. “I talked to him because I wanted to hope to change him.”
Stern did not change Schoep’s beliefs.
But according to Stern’s version of recent events, he was able to accomplish the next best thing.
In early 2019, Stern said Schoep came to him for legal advice on the lawsuit, which was filed in 2017 by a Charlottesville counterprotester against NSM and other white-nationalist groups that attended the Unite the Right rally.
Schoep seemed “rattled,” Stern said, and began talking about making a change. “I was hoping he was talking about his ideology,” Stern said.
Instead, Stern said the white-nationalist leader called NSM an “albatross hanging around his neck” and said he was looking for ways to get out. He still held the same beliefs, Stern said, but he was ready to cut ties with NSM and start a new organization because he felt underappreciated by his followers and left out of the mainstream white-nationalist movement that had swept the country in the wake of the 2016 presidential election.
Schoep was concerned about the repercussions of the Charlottesville lawsuit and the legal bills he was shouldering, Stern said, and he confided in the California activist as he sought solutions.
“I saw a crack in that armor,” Stern said.
So he encouraged Schoep to get a fresh start by handing Stern the control of the Detroit-based organization and website.
Schoep said yes.
“He knew that he had the most vulnerable, the most loose-cannon members that they had ever had in the organization,” Stern said. “He realized somebody was going to commit a crime, and he was going to be held responsible for it.”
Stern says he’s preparing for what comes next and is seeking guidance from Jewish leaders. He said he does not plan to dissolve the corporation because he doesn’t want Schoep’s followers, or others in the white-nationalist movement, to reincorporate it.
Stern admits his plans for the website are still evolving, but his primary goal is to offer it as a reclaimed space to Jewish organizations that could help him educate NSM’s followers on the history of the Holocaust.
“Everything is out in the open,” Stern said. “My plans and intentions are not to let this group prosper. It’s my goal to set some hard records right.”
Schoep took control of NSM in 1994 and was responsible for growing its membership and brand as an organization of Holocaust deniers and Adolf Hitler acolytes. The group maintains a website that draws in millions of visitors from around the world, Stern said, and has organized public rallies across the county.
The group, whose members wear SS-like uniforms that mirror those worn in Nazi Germany, was founded under a different name in 1974 by two former officials of the American Nazi Party, according to the Southern Poverty Law Center. “Signing over leadership of an organization this old is the equivalent of a death sentence in the white-nationalist movement,” said Keegan Hankes, an SPLC research analyst. “It’s one of the strangest things I’ve seen since I started tracking these things five years ago.”
Several of the people listed on the NSM website as leaders within the organization did not respond to a request for comment from The Post on Friday. One man, who identifies himself as SS Capt. Harry L. Hughes III and is listed as the public relations director for NSM, said in an email that he is “not involved in the NSM’s legal affairs” and was “not at liberty to discuss anything, until Commander Schoep personally makes a statement.”
“Just like you and the rest of the media, I’m waiting in suspense, too,” Hughes added.
Matthew Heimbach, a leading white-nationalist figure who briefly served last year as the organization’s community outreach person, told the Associated Press that there has been conflict between NSM’s leaders, including Schoep, and its membership. Heimbach estimated the group had 40 dues-paying members last year.
The biggest challenge the group has faced, Hankes said, was being outshone by the more refined efforts of new alt-right leaders such as Richard Spencer. There was tension within the organization about the need for a shift to a less violent, less explicit brand of neo-Nazism, he said.
“A lot of these groups see [NSM] as extremely detrimental to anything regarding identity politics,” Hankes said.
Stern told The Post that he and Schoep discussed this infighting and that Schoep expressed a desire to leave NSM behind and start a new organization with less baggage.
Schoep offered a different perspective in his statement: “I realize that there is a lot of confusion right now, and ongoing legal matters prevent me from being more thorough in my explanation of events. Regardless, it is important for me to communicate that my actions are always done for a reason, and I would never purposefully damage the organization I have spent so many years serving.”
Though Schoep is no longer legally affiliated with NSM, he still faces the lawsuit because he is listed as a defendant.
“It’s definitely not good for him, and it shouldn’t be good for him,” Stern said. “You spend 25 years terrorizing people, you can’t rebrand overnight. It doesn’t work like that.”
Stern, who runs Racial Reconciliation Outreach Ministries, is still sorting through the legal intricacies his NSM leadership entails. He is listed as the attorney representing NSM in court filings, but a judge ruled Friday that he cannot be NSM’s lawyer because corporations are not legally authorized to represent themselves in court.
Stern said he is working on hiring an outside lawyer to refile his motion for a summary judgment on the lawsuit. He has also offered the plaintiff’s attorneys full access to NSM social media accounts, he said, because he claims to own those, too.
“Say what you want about me,” Stern said. “But I’ve done this twice now.”
the enmity between the two men was long-standing and bitter. After the Helsinki summit, earlier this year, McCain called Trump’s joint press conference with Vladimir Putin “one of the most disgraceful performances by an American President in memory.” If, after all this acrimony, Trump had said something positive about McCain, it would have rung hollow.
But messing with the flag that flies above the White House was different. The flag represents the United States and the office of the Presidency, not Trump personally. After the death of a prominent U.S. politician, such as a former President or prominent senator, it is standard practice for the sitting President to issue a proclamation ordering the flag to be lowered to half-staff until the burial, which, in this case, will be next Sunday.
Whatever one thinks of McCain’s political views, his record—five and a half years in a Vietnamese prisoner-of-war camp, thirty-one years in the Senate, and two Presidential bids—surely merited such an honor. As Mark Knoller, of CBS News, noted on Monday morning, Trump failed to order the proclamation. Evidently, there is no limit to his smallness.
The outcry was immediate and broad-based, and, in this instance, Trump backed down.
.. Who persuaded Trump to change course? Was there a rebellion in the West Wing? The initial reports about the reversal didn’t say. But it was clear that the last thing the White House needs right now is another public-relations disaster. Although McCain’s death knocked the saga of Michael Cohen’s guilty plea off the front pages, at least temporarily, the past week was a disaster for the White House, and a reminder that Trump’s pettiness is only exceeded by his deceitfulness. Is there anybody in the entire country who now believes anything he says about the payments to Stormy Daniels and Karen McDougal that Cohen helped orchestrate?
.. For habitual liars, telling untruths is “partly practice and partly habit,” William Hazlitt once wrote. “It requires an effort in them to speak truth.” Trump seldom makes the exertion.
.. Some of Trump’s defenders are complaining that the Feds, having failed to nail the President on the charge of conspiring with Russia to influence the 2016 election, are now “trying to Al Capone the President”—that is, get him on a technicality. Others in the Trump camp are falling back on the legal argument that a sitting President can’t be indicted, or that Hillary Clinton’s campaign also violated campaign laws. But, apart from Trump himself, virtually nobody seems to be claiming that he didn’t direct the payoffs.
.. Here’s a quick reminder of the rap sheet. Turning a blind eye to money laundering at his New Jersey casinos. Operating a bogus university that bilked middle-income seniors out of their retirement savings. Stiffing his suppliers as a matter of course. Selling condos to Russians and other rich foreigners who may well have been looking to launder hot money. Entering franchising deals with Eastern European oligarchs and other shady characters. For decades, Trump has run roughshod over laws and regulations.
To protect himself from whistle-blowers, financial cops, and plaintiffs, Trump relied on nondisclosure agreements, lax enforcement, and his reputation for uncompromising litigiousness.
He has proved to be irresistible media catnip : flamboyant and fast-talking with a bottomless pocketful of scoops and quotes.
.. stories circulated of Avenatti threatening or harshly criticizing three media organizations: the Daily Caller, the Hollywood Reporter and Law & Crime, a legal website.
.. “If you and your colleagues do not stop with the hit pieces that are full of lies and defamatory statements, I will have no choice but to sue each of you and your publication for defamation,”
.. Here is the charismatic ratings-meister who thrives in the spotlight, but when the coverage turns negative, he goes on the attack against the very press that benefits him.
.. “Avenatti seems quite Trumpian in both loving media attention and acting quite contemptuously toward the free press.”
.. Identifying errors, and asking for corrections, is always legitimate, of course.
But should a fit of pique really include threats to sue journalists and their news organizations for defamation?
.. he sees Avenatti being treated as a hero because a lot of people agree with his anti-Trump agenda.
But he says he shouldn’t get that kind of a pass.
.. Liberals’ faulty thinking about Avenatti goes like this, he said: “It’s okay if he acts badly because he’s accomplishing things.”
.. White sees a clear parallel to the way avid Trump supporters defend the president’s unsavory behavior: “Take him seriously, not literally” — simply because it’s someone whose agenda you like.
.. “I generally support standing up to Trump and Cohen,” White said, “but when Avenatti makes frivolous legal threats, he’s acting just like them.” (Trump is well known for threats to sue journalists, very few of which have come to pass.)
Avenatti is effective, in part, because he plays the same game as Trump, with a gleeful willingness to attack and an instinct for manipulating journalistic appetites.
Stormy Daniels already has a defamation claim against President Trump based in part on his accusation that her story that she was threatened in a parking lot was false. (Trump says the claim of an affair was “false and extortionist.”) Now she has a splendid case.
Accusing someone of a crime is defamation per se, meaning no damages need to be proved. Avenatti will be entitled to depose Trump under oath to ask such nettlesome questions as:
- Did you have sexual relations with my client?
- Did you publicly deny knowledge of a settlement payment on national TV?
- Did you reimburse Michael Cohen for fronting the money?
- Did you break up the payments in monthly installments? Why?
- Have you made other payments to remain silent about adulterous affairs? How many? Did they all extort money from you, in your view? What are their names? How much did you pay out?
.. According to Daniels, Cohen strong-armed her into making a settlement. She, in other words, was the victim of a pressure campaign, not its instigator. Cohen would therefore need to answer questions that parallel inquiries for Trump. One or both might take the 5th — which many Americans would interpret as evidence one or both violated criminal campaign laws.
Avenatti has advantages over Robert S. Mueller III. Avenatti can needle Trump daily on TV, a tactic that already pushed Trump to lie publicly about his knowledge of the settlement. Avenatti can not be fired by Trump. Pursuant to the Paula Jones case, Daniels’s lawyer unquestionably has the right to depose Trump under oath.
There is delicious karma in this happening to Trump, who bludgeoned Hillary Clinton during the campaign for allegedly helping her husband to falsely smear women who accused the philandering president of sexual conduct. We reach karmic overload when we note that Trump has spent a lifetime threatening to and actually filing lawsuits alleging defamation.
All this was before Mr. Cohen went from hot to boiling water earlier today with the announcement that the F.B.I. had raided his New York offices. According to The Times, his maneuvers in the Daniels case formed part of the legal basis for the raid.
.. Mr. Cohen and Mr. Trump’s troubles in the hush agreement case are of their own making. First, Mr. Cohen insisted, through his lawyer, that the president was never aware of the agreement and that Mr. Cohen acted wholly on his own. Then, speaking briefly to reporters on Air Force One last Thursday, Mr. Trump, echoing Mr. Cohen, said that he knew nothing about the arrangement. In saying so, he walked directly into the buzz saw of the legal position of Ms. Daniels and her attorney, Michael Avenatti.
.. The hush agreement identified Mr. Trump as a party and required him to do a number of things. But since he insists he didn’t know about the agreement, there’s no way he could have entered into it.
.. Moreover, Mr. Trump’s avowed cluelessness implies that Mr. Cohen induced Ms. Daniels to sign the agreement through fraud — a lie about Mr. Trump’s performance of reciprocal obligations. Both of these circumstances invalidate the hush agreement’s very formation under basic contract law principles.
.. In a motion filed on Sunday in federal court in California, Mr. Avenatti seized on Mr. Trump’s asserted ignorance to bolster the argument that the agreement was never formed: “If Mr. Trump was completely unaware of Mr. Cohen’s actions, the question naturally arises as to how it would be possible for a ‘meeting of the minds’ to have occurred between parties where one of the parties does not even know about the existence of the agreement.”
.. Inconveniently for the president, Ms. Daniels’s position turns on questions of fact. Did Mr. Trump and Mr. Cohen ever discuss Ms. Daniels? Was Mr. Trump aware of the obligations he had ostensibly undertaken? Why did Mr. Trump not sign on the signature line? Was he 100 percent ignorant about the agreement?
.. The standard course for resolving these sorts of factual disputes is to first permit the parties to take discovery. Mr. Avenatti has asked the court for a two-hour deposition of both Mr. Trump and Mr. Cohen. Normally a request to depose the president would seem like a nuisance move, quickly rebuffed. Here, though, it is hard to see how the court resolves the factual issue without hearing Mr. Trump’s version of events... The president cannot remotely afford to testify under oath under either of these settings. The potential for perjury is rife. Indeed, while there would no doubt be a major dust-up in court, the question whether he had sex with Ms. Daniels is probably fair game. That’s because it would be highly relevant to the issue of whether he knew about the agreement at all... If the federal judge orders either the deposition or the jury trial, then look for Mr. Trump, tail firmly between his legs, to abandon any effort to enforce the hush agreement... At that point, look for a major book deal for Ms. Daniels and a talk-radio and television blitz... But this wouldn’t be remotely the end of the road for the duo, whose litigants’ embrace is likely to continue for years. Once the hush agreement is a dead letter, Ms. Daniels would be able to go on the offensive, suing Mr. Trump for defamation. And why wouldn’t she? The legal dispute has been the biggest boon of her career, and both Mr. Cohen (whom she already is suing for defamation) and Mr. Trump have treated her like dirt... All of this arises while Mr. Trump is facing, with no legal team to speak of, the all-consuming distraction of the most formidable criminal probe any president has ever faced... there is the distinct possibility that the president’s legal clinch with Stormy Daniels will outlast his presidency.