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Google's Gag Order:
An Internet Giant Threatens Free Speech
June 20, 2004
Every once in a while in America’s consumer society, a
company, product or service rises above its mere utility to
achieve iconic status in the culture. Its very novelty,
innovation, or just manufactured “cool” allow it to enter the
daily American lexicon. As nouns, brands like Kleenex (facial
tissues), Rollerblade (in-line skates), or Coke (any soft drink
south of the Mason Dixon Line) are equated with an entire
product category, eclipsing all competitors. Others achieve the
even loftier status of verbs, as in “to Xerox.”
Google has joined this elite group of culture-changing
brands. Starting with excellent technology, the company nurtured
a cult following into dominance of web searching, a daily task
now common to most Americans. Its
IPO has become one of the dominant business – and social –
news stories of the year.

Far more important to American society, Google's
pervasiveness has given it a unique and privileged role as
the information gatekeeper of the 21st century. “To
Google” someone or something has become synonymous
with using the Internet to find information, images or news.
The
New York Times has detailed the emergence of
Google as an alternative to the traditional library for
research. As individuals, businesses and publishers leverage its
search, email and
advertising tools to reach readers, sell products and
assemble communities, Google is on the verge of becoming the
Internet arbiter of the First Amendment.
As I learned this week, however, Google may be playing a
darker, more sinister role in American society:
corporate censor. On June 15,
the
Google Adwords team informed me that it had
discontinued all advertisements
placed by Perrspectives.com due to “unacceptable content” on
the site that includes “language that advocates against an
individual, group or organization.” As we’ll see below, this may
or may not be blatant bias against liberal viewpoints. There can
be no doubt, though, that the current Google editorial
guidelines, evenly applied, would bar almost any newspaper,
magazine, opinion journal, political party, advocacy campaign or
even religious organization from advertising on its site.
And that puts Google dangerously at odds with core American
values of free speech and assembly.
Electronic Direct
Marketing for the Masses?
How did Google come to pose a clear and present danger to
free speech in the nexus where opinion and Internet direct
marketing meet?
First, a little background. The Google Adwords program allows
advertisers, large and small, to purchase and display small text
advertisements in the right hand side of Google search results
pages:

On its face, Google Adwords is a godsend for direct
marketers, allowing them to display customized ads when users
enter a specific keyword or phrase. (Perrspectives.com, for
example, has run ads when Google users enter terms such as
“democratic party”, “Enron scandal”, “Richard Clarke” or “2004
election.”) Advertisers pay “per click” rather than “per
impression”, which means they are only charged when a Google
user actually clicks through to the advertiser’s site. Even the
smallest advertisers can specify how much they are willing to
pay per click-through, as well as their daily budget. Just as
important, Google Adwords provides real-time reporting of
results, so advertisers can quickly see which keywords and ads
are most effective, and make immediate adjustments, if needed.
Anti-Liberal Bias
at Google?
The cost-effectiveness of Adwords for online stores,
non-profits, specialty sites and even bloggers is extremely
attractive. Since March, Perrspectives.com has used Google
Adwords to bring thousands of visitors to the site. This makes
Google’s sudden decision to drop Perrspectives.com all the more
disappointing – and disturbing.
On June 15th, 2004 the
Google Adwords Team sent me a notification that all of my
four-line text ads had been discontinued due to “unacceptable
content.” The ads involved included headlines such “The Liberal
Resource”, “The Progressive Resource”, “Bill Clinton & More”,
“The Real Enron Scandal.” The supporting text included
expressions such as “analysis, commentary and satire”, “complete
liberal resource center”, “caustic commentary”, and others.

As I learned from Google on
June 16th, the issue was not the content of my ads, but of
the articles and features on the Perrspectives.com site itself:
At this time, Google policy does not permit
the advertisement of websites that contain "language that
advocates against an individual, group, or organization". As
noted in our advertising
terms and conditions, we reserve the right to exercise
editorial discretion when it comes to the advertising we
accept on our site. I have reviewed your site and it
contains language such as 'secretive, paranoid and
vengeance-filled' which we will not allow to run on our site
at this time. [Italics mine]
In the same email, the Google representative graciously
offered to provide me with help in censoring my own web site:
I understand that you would like to promote
specific political opinions on your site. We are happy to
allow you to run so long as these opinions do not contain
language that advocates against an individual, group, or
organization. I suggest that you remove these references
from your website in order to run on Google. [Italics
mine]
In response, on June 16 I
told the Google rep that their decision to drop my ads had
to be reversed due both to the specifics of my site and the
broader issue at work. First, Perrspectives.com, while
admittedly offering left-of-center content, is an independent,
“equal opportunity” provider of analysis and commentary. For
example, while the offending text cited by Google (“secretive,
paranoid and vengeance-filled”) came from a piece harshly
critical of President Bush (“The
Smallness of King George”), other articles took on
Democratic Party orthodoxy (“Identity
Politics and the Threat from the Left"), John Kerry and John
Edwards (“States’ Blights”), and
Ralph Nader (“Unsafe and Any Speed”).
Secondly, I noted that any assertions or claims made on the
site, even ones using language as admittedly vitriolic as
“secretive” and “paranoid”, were thoroughly supported in the
text, usually with links to other articles, documentation or
quotes. Just as important, readers are encouraged to provide
feedback, even if it is negative. That
Feedback link is on every
page of the site
More than any consideration specific to Perrspectives.com,
though, is the larger issue of de facto censorship and threat to
free speech which must inevitably result from the Google Adwords
“language that advocates against” standard:
The current Google Adwords editorial
guidelines constitute selective censorship that cannot be
justified or sustained. By these standards, virtually EVERY
newspaper, opinion journal, political party/campaign and
religious organization MUST be barred from advertising on
Google.
As of June 20, 2004, I have not heard back from Google
support or PR representatives, as I had requested. The
complete email thread of
communications with the Google Adwords Support Team is available
here.
Arbitrary Guidelines, Selective
Application, De Facto Censorship
Given the recent flaps over
the apparent double-standard in prime-time advertising at CBS
(running virulently anti-Clinton ads by the right-wing Citizens
United, refusing to air ant-Bush ads by MoveOn during the Super
Bowl), I was immediately suspicious of anti-liberal bias by
Google towards advertisers. Doing a quick check, I found no
shortage of conservative advertisers currently on Google that
made me seem like Mother Theresa in comparison.
These following conservative sites, many of which are
decidedly to the right of Attila the Hun, currently advertise
using Google Adwords:
-
Value Watch. This site advocates against Democrats,
liberals and progressives of all stripes, and calls out
right-wing bogeymen Ted Kennedy and Michael Moore by name. It
most assuredly uses “language that advocates against an
individual, group or organization.”
-
Republican Gear. This site not only sells Republican
political items, it sells items that "advocate against"
individuals and organizations” including t-shirts with slogans
like "Friends Don't Let Friends Vote Democratic", as well as
one picturing Osama Bin Laden stating "I Want You to Vote for
John Kerry.”
-
The Right Review. The Right Review also "advocates
against" John Kerry, Democrats and the ACLU. It also includes
a cartoon of John Kerry dropping his pants.
-
The Conservative Index. This site calls John Kerry “scary”
and calls him “duplicitous.” Perhaps among conservatives,
those expressions are terms of endearment.
-
Right Wing Conspiracy. This is apparently another home for
right-wing fun and frolic.
-
Michael Moore Hates America. Sounds like a site that
"advocates against an individual" to me.
Yet the Google Adwords team
confirmed to a Perrspectives
reader that Michael Moore Hates
America does NOT violate the same editorial guidelines by
which it dropped Perrspectives.com.

To give Google the benefit of the doubt, it should be noted
that the Adwords Team does NOT review and approve ads prior to
running them, instead checking them for after the fact for
violations of its guidelines:
Regarding your complaint that other
advertisers are running similar campaigns, our AdWords
Specialists review all of the ads in our program. However, ads
may run on Google before we check them. Therefore, you may see
some ads appear for a short time on Google that do not comply
with our guidelines. We assure you that we are working
diligently to apply the same criteria to all of our ads.
This might explain why a large number of conservative,
Bush-friendly ads appear on Google as well as the odd anti-Bush
ad that appears. (It is worth noting, as we’ll see below, that
Google similarly dropped the maker of the “Deck
of Bush” playing cards parodying the Pentagon’s Iraq Most
Wanted List.) This approach seems to suggest that Google is very
susceptible to complaints, especially loud and organized ones,
from its users.
It might explain Google’s apparently inconsistent application
of its own editorial standards. Then again, it might not.
Regardless of any bias that may be at work, this process shows
the obvious flaws in Google’s approach: the number of ads and
advertisers will dwarf the ability of their “editors” to monitor
them. This only exacerbates the failings – and dangers – of the
Google “advocates against” standard.
Size Matters
Google may not necessarily have a conservative bias in
filtering advertisers, but it would seem to be blatantly sizeist.
That is, large organizations, well-known brands, big-spending
advertisers, both political parties and other high-profile
groups get a pass on the “advocates against” standard. Left or
right, secular or sacred, size does matter:
- The New York
Times. In its June 15, 2004 issue, the Times
published a column by
Paul Krugman in which he called John Ashcroft "John
Ashcroft is the worst attorney general in history." While
music to my ears, that certainly is "language that advocates
against an individual."
-
National Review. This conservative magazine, which is
advertised for sale on Google, has a section ("Kerry
Spot") dedicated to attacking John Kerry in addition to
its usual liberal-bashing fare.
- Republican Party. Search
for “republican national convention” and you’ll that the
Republican Party
advertises for contributions using Google Adwords. GOP.com
contains entire sections attacking John Kerry. No doubt the
Democratic web site has mirror image content.
- John
Kerry for President. The John Kerry campaign is also a
Google advertiser. What is a generally a positive site
advocating for John Kerry also debunks the Bush record and has
video of anti-Bush ads.
- The
American Conservative. Pat Buchanan’s magazine is another
Google conservative print advertiser. One of the magazine
covers shown on the site depicts George Bush, Dick Cheney,
Condi Rice, and Donald Rumsfeld as "Pinocchios" with long
noses. The cover article ("Pinocchio
Presidency") uses the following language advocating
against individuals and groups: “The Bush administration lied
America into war, and the damage to our credibility will be
long-lasting and grave."
-
Christianity Today. This magazine has articles that, for
example, attack gay Americans and pro-choice advocates. For an
example, see "Sowing
Confusion" by Watergate felon turned prison preacher
Charles Colson.
-
Washington Post and
National Public
Radio. Do a search for "Ronald Reagan". You'll find Google
ads from both the Washington Post and NPR displayed. Both
contain content and commentary not particularly flattering to
the late President Reagan.

The implication for Google is clear. The even, consistent and
fair application of its “language that advocates against”
standard would mean the immediate removal of dozens of these and
similar advertisers. That’s not good for Google, for the
Internet or for us.
We Are Not Alone
Complaints about Google are not new. Most have concerned the
impact of changes to Google search algorithms on the order in
which search results are displayed. Getting bumped “below” the
fold or to page 2 of search results can have a dramatic and
adverse effect on visits, leads and sales. As real as those
issues are, though, they do not touch on a core societal value
like free speech.
As it turns out, Perrspectives.com is by no means the first
advertiser to run afoul of Google’s editorial guidelines.
Ironically, a quick Google search of "censorship
google adwords" revealed many others.
Not all involved the same “advocates against” standard.
Google Adwords ads from a
gun dealer and
a vendor
of Nazi memorabilia were shut down, in a replay of the
discussion over offensive or dangerous material eBay earlier
lived through. Interestingly, while sites offering firearms and
Nazi trinkets were dropped, some
porn sites apparently passed muster with the Google Adwords
editorial board.
Several others Google advertisers suffered the same fate as
Perrspectives.com.
Nitestar, which offers the “Deck of Bush” joke playing
cards, had its ads terminated on the same grounds of “advocating
against” some person or group. In May, they issued a
press release ("Google Adwords Censors Ad Campaign Critical
of President Bush"); as of this writing, they are still unable
to resume advertising on Google. An independent
filmmaker also had ads dropped, as did a web
poet.
The Body Shop founder
Anita Roddick had a run in with Google over commentary
regarding actor John Malkovich. Workers trying
to unionize at Wal-Mart had a similar experience. The site
Unknown News had its ads restored by Google, only after a
long correspondence establishing that their views against the
Iraq war were not inherently against any person or group.
An Unworkable
Standard
From the above, it is clear that Google Adwords’ editorial
guidelines are having a chilling effect on free speech. Intended
or not, Google is stifling free expression and imposing de facto
censorship with its dangerously vague “advocates against”
standard. By definition, Google’s standard is unevenly and
unequally applied, as ads are reviewed only after the fact and
on an ad hoc basis. Thousands of web sites are foreclosed from
using a tool that competitors and perhaps more ideologically
acceptable alternatives can leverage to reach customers and
readers.
Google has a well-earned reputation as a progressive and
friendly brand. To maintain it in this case, it would seem
Google has two options: (a) drop hundreds of current advertisers
through the consistent application of its rigid and overly broad
prohibitions, or; (b) revise its standards to limit only those
advertisers advocating violence, whose products are inherently dangerous
or whose content appeals to prurient interests. Political opinion of any stripe
would be protected; ads regarding guns, terrorism, or pornography would not.
(For a complete proposal, see "Don't
Be Evil: A Google Freedom of Information Act."
Of course, Google is not the government; as a commercial
entity, it does not have the obligation to respect all speech
constitutionally protected under the 1st Amendment. Google is,
however, one of those rare corporate brands that cross the world
of business into mainstream culture. That status brings both
precious commercial benefits and real social responsibilities.
Google has simply become too central to Americans' ability to
speak out, recruit the like-minded, sell products and build
businesses. One role Google must not be allowed to assume
is that of 21st century censor.
Help save free speech and help save Google – from itself.
Contact Google today!
UPDATE
(7/26/04): The Google Adwords Team
has reversed course and restored
Perrspectives ads. Perrspectives, however, will not
resume its Adwords ads until there is clarification as to
whether the Google "advocates against"
editorial standard has been revised. |