With the help of the teachers’ unions, the people of Ohio elected three new members of the state board of education who support public schools. This is great news because the politicians in the State House and the Legislature have been frantically diverting public funds to charter schools and vouchers, as well as endorsing extremist policies on race and gender. The state constitution explicitly authorizes a system of public schools and forbids public funding of religious schools. Ohio’s charter schools are among the lowest-performing in the nation and are lower performing than the state’s public schools. Half of those authorized by the state have closed.

 

Anti-culture war candidates win three seats on Ohio State Board of Education, with big boost from teachers’ unions

By Laura Hancock, cleveland.com

COLUMBUS, Ohio – Voters elected three candidates to the Ohio State Board of Education on Tuesday who oppose fights over LGBTQ students in bathrooms and attempts to control how American racism is discussed in social studies classes. The Ohio Federation of Teachers and the Ohio Education Association contributed tens of thousands of dollars to help the campaigns of former state senator Teresa Fedor of Toledo, Tom Jackson of Solon and Katie Hofmann of Cincinnati, who each won their races against more conservative candidates. Candidates the unions did not support, including one who ran unopposed, won races in two districts.

The unions were involved in recruiting the three candidates. Fedor and Hofmann are each former teachers and members of OFT. Jackson, a businessman, is a volunteer coach at Solon High School and serves on the Solon City Schools Strategic Planning Team. Their members volunteered to knock on doors and spread the word about the candidates.

They also gave their candidates a big fundraising boost. In addition to writing checks for each candidate’s campaign — OEA gave $13,700 to each candidate’s campaign and the OFT gave $12,000 to Fedor and Jackson and $13,700 to Hofmann — the unions spent at least $100,000 to get them elected through an independent super PAC called Educators for Ohio. The PAC is normally controlled by OEA, but OFT this year was also involved in it, said Melissa Cropper, president of the OFT.

The super PAC spent money only on the three state school board candidates, said Scott DiMauro, president of the OEA. “The three individuals who won those contested races are all strong advocates of public education, they have strong records on that,” DiMauro said. “I would anticipate they would work closely with other members of the state board who have been pushing back on some of those (culture wars) attacks. How everything is going to play out still remains to be seen, because you still have an extremist faction that is pushing some of those resolutions. Some of those members are still there.”

Fedor defeated Sarah McGervey, a Catholic school teacher who talked about parental rights against perceived liberal bias in education and keeping LGBTQ protections out of Title IX. Jackson defeated incumbent Tim Miller and Cierra Lynch Shehorn, who was ran further to the right of Miller. Hofmann defeated conservative incumbent Jenny Kilgore.

Hoffman, Jackson and Fedor vastly outraised their opponents. Kilgore individually raised $5,800 in 2022. Hofmann raised nearly $44,000. Jackson raised $53,000 this year, compared to Miller’s $7,600 and Lynch Shehorn’s $4,800.

Fedor’s and McGervey’s campaign finance reports are more complicated. McGervey ran for the Ohio House in August. After she lost that race she ran for the state board. Her total fundraising haul was $15,000. Fedor was a sitting senator in 2021, the beginning of the two-year funding cycle, and she raised $95,000 during the two-year period.

Other candidates who won but were not supported by the unions include incumbent member John P. Hagan, a conservative on the board, who beat a challenge from Robert R. Fulton. Neither candidate in that race received the unions’ endorsement. Ohio State Board of Education President Charlotte McGuire won reelection unopposed. Ohio Value Voters, a conservative Christian organization, backed the conservative slate of candidates, including Hagan.

As Ohio students fell academically behind from remote learning during the pandemic and Ohio has been without a permanent state superintendent for more than a year, conservatives on the state school board pressed to take on several controversial issues over the last year.

Last year, conservatives on the board successfully overturned an anti-racism resolution that the board had previously passed in the wake of George Floyd’s death. Two members of the state board who voted to overturn the anti-racism measure were defeated Tuesday night: Miller, of Akron, and Kilgore, of Hamilton County. A third supporter of the resolution, Kirsten Hill – who organized a bus from Lorain County to attend the “Stop the Steal” rally on Jan. 6 but said she never entered the U.S. Capitol – opted not to seek reelection.

More recently, conservatives on the board have been pushing a resolution that would urge local school districts to defy Title IX protections for LGBTQ students that are being proposed by President Joe Biden’s administration, potentially putting federal money for free and reduced lunch and special education in jeopardy. The resolution remains under consideration. Board members have spent 10 hours taking public testimony and discussing it since September.

Most of the state school board campaigning and fundraising took place in just the past two months, Cropper said.

“Remember, this election cycle, no one knew what the lines were going to be,” she said. Every 10 years, the boundaries for the Ohio State Board of Education shift when Ohio Senate boundaries are redrawn. Gov. Mike DeWine changed state school board boundaries Jan. 31, a move panned by critics as gerrymandering. DeWine didn’t change the school board map, even as state mapmakers shifted the Senate’s boundaries found to violate the Ohio Constitution, and on July 14, Ohio Secretary of State Frank LaRose notified county boards of election to use the Jan. 31 changes DeWine made. Candidates for the state school board, which are nonpartisan, had to file to run for the seats Aug. 10, which left just a few months to campaign.

“It really was a crunch in trying to get quality candidates to run,” Cropper said. “We had incumbents we know that were not pro-public education, who were in my opinion, pushing these culture war issues at the state board level. And it was just critical to us that we could get them out of there. So we definitely were looking for people who understand public education, who have been engaged in conversations about equity, social-emotional learning, the whole child approach, all the things that are really important to us.”

The whole child approach refers to the state board’s 2019-2024 strategic plan that says the state is concerned with the “whole child,” not just academics but stressors children experience at home that can influence learning. In 2019, the Ohio Department of Education unveiled social-emotional learning standards that aim to help children become successful in their interactions with others, to establish positive relationships, manage their emotions, and make healthy, drug-free choices in life.

“My estimation is that people rejected extremists and the extreme issues that they’re bringing to the table and children are caught in the middle,” Fedor said Wednesday. “I believe this is an overall rejection of using our children as political fodder.” Fedor had the most name recognition among the state school board candidates. In addition to her legislative career, she was on the Democratic gubernatorial ticket this spring with former Cincinnati Mayor John Cranley. Fedor said that as she campaigned, she talked about reducing the number of standardized tests kids have to take. She talked about her own time in the classroom, when she worked an additional part-time job at the Toledo Zoo to make money for classroom materials.

She said she learned that people were horrified that Hill led Ohioans to the Jan. 6 rally. “There was a flood of different ideas and thoughts about what’s going on,” she said. “And they did not support the extremists who are bringing the extreme issues forward. The culture wars in the classrooms have to end so we can get to the business of educating our children with quality public education.”

Billionaires have been pouring millions of dollars into state and local school board races for at least the last dozen years. These elections are often flooded with money from out-of-state billionaires who support expansion of charter schools and invalid ways of evaluating teachers.

It’s great to see the unions step up and support state school board members who care about public schools and teachers and care about issues that matter, rather than divisive conflicts that don’t help anyone. The amount of money spent by the unions was small compared to what the billionaires spend, but it made a difference.

The Miami Herald reported that Trump lashed out at his rival, Ron DeSantis:

Former President Donald Trump blasted Gov. Ron DeSantis on Thursday, issuing a lengthy statement that called the Florida GOP leader an “average Republican governor with great public relations” and accused him of “playing games” over a potential future presidential bid. Trump, who reiterated his previous “Ron DeSanctimonious” nickname in the press release, said DeSantis owes his entire political career to the former president’s past support of his campaign — something the former president says the governor now takes for granted. “The Fake News asks him if he’s going to run if President Trump runs, and he says, ‘I’m only focused on the Governor’s race, I’m not looking into the future,’” Trump said. “Well, in terms of loyalty and class, that’s really not the right answer.”

Read more at: https://www.miamiherald.com/news/politics-government/article268604697.html#storylink=cpy

The Miami Herald reported that Trump lashed out at his rival, Ron DeSantis:

Former President Donald Trump blasted Gov. Ron DeSantis on Thursday, issuing a lengthy statement that called the Florida GOP leader an “average Republican governor with great public relations” and accused him of “playing games” over a potential future presidential bid. Trump, who reiterated his previous “Ron DeSanctimonious” nickname in the press release, said DeSantis owes his entire political career to the former president’s past support of his campaign — something the former president says the governor now takes for granted. “The Fake News asks him if he’s going to run if President Trump runs, and he says, ‘I’m only focused on the Governor’s race, I’m not looking into the future,’” Trump said. “Well, in terms of loyalty and class, that’s really not the right answer.”

Read more at: https://www.miamiherald.com/news/politics-government/article268604697.html#storylink=cpy

The Denver Post reported that extremist Lauren Boebert has taken the lead by almost 800 votes. But thousands of ballots have not yet been counted—mail-in ballots, military ballots.

Keep fingers crossed.

The polls said that extremist Colorado Republican Lauren Boebert was a shoo-in for re-election to Congress. No way the gun-toting Christian fundamentalist could be beaten.

But they were wrong.

Boebert is now in a near tie with her Democratic opponent, Adam Frisch, slightly behind him with more votes to be counted.

VOX wrote:

As of late Wednesday afternoon, Boebert was narrowly trailing Democrat Adam Frisch, 49.7 percent to 50.3 percent, in the House race for Colorado’s Third District, which includes much of the western half of the state.

The closeness of the race is surprising given the district’s Republican lean and polling that heavily favored Boebert ahead of Election Day. A loss for her would suggest that voters are fed up with the controversy and antics that Boebert has trafficked in since taking office, and would be a notable rebuke of one of former President Donald Trump’s most vocal and bombastic backers in Congress. It also would nod to concerns expressed by her constituents — some of whom have said that she seems to care more about her celebrity than addressing issues in the district, including funding for infrastructure, which would bolster steel jobs in the area.

During her tenure in the House, Boebert, previously a gun rights activist, has spent much of her time on attention-grabbing stunts including Islamophobic comments targeting Rep. Ilhan Omar, attempts to carry a gun throughout the Capitol, and heckling President Joe Biden during his State of the Union address. She’s faced scrutiny for these actions as well as for controversial social media posts advancing false and dangerous theories suggesting that LGBTQ people “groom” children.

Frisch, a moderate businessman and former Aspen city council member, has attempted to appeal to voters tired of what he described as the “angertainment” Boebert provides. He’s also leaned into qualms constituents have had about the focus Boebert has put on her own image versus delivering for the district. A Frisch win would be a surprising pick-up for Democrats in a place that Cook Political Report, a nonpartisan political analysis firm, has rated as Solid Republican…

Polling up until this point had Boebert as the likely winner: FiveThirtyEight’s predictive model, for example, gave Frisch a 3 in 100 chance of taking the district.

South Carolina elected private choice advocate Ellen Weaver as state superintendent. She defeated a full-time teacher, Lisa Ellis.

Republican Ellen Weaver, one of the state’s foremost champions of private school choice, has been elected South Carolina’s next superintendent of education.

A non-educator who has spent her career working in Republican politics and leading a conservative think tank, Weaver defeated Democrat Lisa Ellis, a veteran teacher and founder of grassroots teachers group SC for Ed, by nearly 13 points, according to unofficial election results.

South Carolina voters seem determined to undermine their low-performing public schools and allow students to go to any religious or private school that will take them, at public expense.

Voucher researcher Josh Cowen of Michigan State University says, after 20 years of studying them, that they set children back academically and that learning loss for vulnerable children at voucher schools is greater than the loss caused by the pandemic.

Oklahoma voters re-elected Governor Stitt and elected Ryan Walters as Superintendent of Education. Both support school choice and have attacked public schools for “indoctrinating students” with left wing ideas and teaching about race and gender. Stitt defeated former State Superintendent of Education Joy Hofheimer, who briefly led in the polls. Walters’s opponent Jena Nelson is a strong advocate for public schools.

The evidence about vouchers after three decades is that they subsidize children in private schools, and they inflict enormous learning loss on low-income children. Oklahoma’s leaders and voters want to educate their children for the 19th century.

Oklahoma Secretary of Education Ryan Walters defeated Democrat Jena Nelson for the Oklahoma state superintendent of public instruction seat, according to unofficial results from the Oklahoma State Election Board.

Walters received 57.29 percent of votes cast, and Nelson obtained 42.71 percent with 1,887 out of 1,984 precincts reporting, according to unofficial results. Walters defeated April Grace for the Republican candidacy in the August runoff elections.

“What you’re gonna see is a commitment to ensure that every child is empowered through parents’ options,” Walters said. “You’re gonna see a push for more transparency and accountability and you’re never again going to see a superintendent that doesn’t bring transparency to you, the taxpayers. Folks, thank you so much. We will continue to make Oklahoma great.”

Gov. Kevin Stitt appointed Walters to secretaryof eduction in 2020. He was endorsed by Sen. Ted Cruz (R-TX) and Frank Keating, chairman for the OU Board of Regents and former Oklahoma governor. Walters’ campaign focused on banning certain race and gender conversations from public school classrooms and supporting school vouchers. Walters also previously expressed he would reject federal funding for Oklahoma public schools, if elected.

“Public education saves lives,” Nelson said during her concession speech. “While I may not be your superintendent, I will continue to be an advocate for all of Oklahoma.”

Vouchers were originally sold as a way to “save” poor children of color from failing schools. We now know that this claim is not true. Poor kids who use vouchers typically fall behind their peers in public school. In state after state, vouchers are subsidizing students who are already enrolled in private schools and never attended public schools. The funding of vouchers takes money away from the public schools attended by most students, meaning larger classes, fewer resources.

The latest report from the Grand Canyon Institute in Arizona identifies a familiar pattern:

POLICY BRIEF

November 6, 2022

Nearly Half of Universal Voucher Applicants are from Wealthier Communities  

Total State Private School Subsidies Reach $600M 

Dave Wells, Research Director

Curt Cardine, Research Fellow

Distribution of Universal ESAs vs. Distribution of Students

Key Findings:

  • 45% of universal Empowerment Scholarship Account (ESA) applicants come from the wealthiest quarter of students in the state. Their  families live in zip codes where the median household income is $80,000 or more, more than 30% greater than the state’s median income. 
  • 32% of universal ESA applicants are from families with a median income less than $60,000, which comprise just over half the students in the state.
  • 80% of universal ESA applicants are not in public school, meaning these students are already attending private schools, being home schooled, or just entering schooling. At a cost of about $7,000 per voucher this equates to potential new cost to the state of $177 million.  
  • Arizona will spend more than $600 million on private school subsidies—universal ESAs and Student Tuition Organization Scholarships—in the 2022-23 school year. 
  • Only 3.5% of all applicants came from zip codes that had a district high school or 2 K-8 district schools with a D or F grade. No zip codes with a median income above $80,000 had a district high school or 2 K-8 district schools receiving a D or F grade. 
  • There will be an increased risk of fraud with lax oversight to ensure that families don’t double dip by using both ESA and STO scholarship funds. 

Universal Vouchers Primarily Benefit Wealthier Households

Now that the October 15, 2022 deadline to apply has passed, the Grand Canyon Institute (GCI) has analyzed the zip code distribution of applications for the new universal Empowerment Scholarship Account (ESA) voucher program that Gov. Ducey signed into law in July. GCI’s analysis finds that  the program’s primary beneficiaries are students from wealthier families, similar to its previous analysis before the deadline, and that 92.5% of those students have access to well-performing schools.

Zip codes were provided by the Arizona Dept. of Education for universal voucher applicants. The total number of universal voucher applicants numbered 31,750. From that number GCI deducted 69 that were either out of state or had left the zip code blank. This report updates an earlier GCI analysis published on  October 6. In September, GCI evaluated details of the program, including the inability to measure academic impacts of the program due to the absence of accountability measures in the legislation. Academic impacts were also part of a 2018 GCI report regarding Arizona’s private school subsidy programs.

GCI compared the distribution of applications to both the median household income as well as the distribution of K-12 students in the zip codes of applicants using data from the 2020 American Community Survey by the U.S. Bureau of the Census. 

As noted in the graphs below, about 45% of all applications come from parents or guardians residing in zip codes that have a median household income of $80,000 or more, more than 30% greater than the state’s median household income.($61,529)  These represent the wealthiest quarter of students in the state (gold and silver parts of the graphs).  This is similar to GCI’s October analysis. 

By contrast, parents or guardians in zip codes with a median household income less than $60,000 which comprise just over half the students in the state, represent not quite one-third of all applications (blue section).  This is also similar to GCI’s October analysis.

Gov. Ducey in his press release after signing the universal voucher expansion noted, “This is a monumental moment for all of Arizona’s students. Our kids will no longer be locked in under-performing schools.”  GCI examined this claim by identifying zip codes that either contained a district high school with a D or F grade OR had at least two K-8 district schools with a D or F grade.  One school with a D or F grade hardly speaks poorly for a zip code. For instance, one Kyrene District elementary school in 85284 (South Tempe) received a “D,” but that is not indicative of the very highly rated schools in that relatively affluent zip code.  Zip codes typically have many schools, so even in the D or F zip codes, most schools (district or charter) did not receive a D or F.  Consequently, GCI’s D or F zip code identifier understates school grades within those zip codes. 

GCI found only 3.5% of all applicants came from zip codes that had a high school or 2 K-8 schools with a D or F grade. No zip codes with a median income above $80,000 had a high school or 2 K-8 schools receiving a D or F grade.

These results belie the claim  that the program was primarily designed for average and lower income families.  Rather, similar to the flat tax passed by the legislature, the primary beneficiaries of this government policy are wealthier families.

Total Private School Subsidies $600 Million 

($180 Million from Universal ESAs)

Arizona has extensive subsidy programs for private schools.  Dollar-for-dollar tax credit donations to private Student Tuition Organizations amounted to $250 million in FY2021 from individuals and corporations.  In addition, the existing ESA program which serves a large number of students with disabilities was on track to cost the state at least $190 million plus administrative costs for FY2023 based on program growth. Collectively private school subsidies likely cost at least $440 million since tax credit data was less current.

Universal voucher access looks to add up to $180 million to that number taking the total cost of private school subsidies to in excess of $600 million dollars

The Arizona Department of Education reports that about 80% of universal ESA applicants are not in public school, meaning these students are already attending private schools, being home schooled, or just entering schooling. At a cost of about $7,000 per voucher this equates to a cost of $177 million.  

The remaining 20% of applicants are currently attending public district or charter schools. The voucher formula provides 90% of the state’s per pupil funding formula for charter schools plus charter additional assistance. While students moving from charters to private schools represent a net savings of about $700, vouchers to students who attended district schools represent  a net cost to the state’s general fund.  The voucher exceeds what the state is currently paying because district additional assistance is significantly less than charter additional assistance. Charter additional assistance is between $2,000 and 2,300 per pupil while district additional assistance is between $500 and $550.  The difference exceeds the 10% overall  reduction from charter payments for vouchers.  In addition, students moving from wealthier district schools cost the state even more. Under the state’s education equalization formula their districts rely primarily on local property taxes, not state funding. 

Movement from charter schools is more likely to occur, from GCI’s past analysis. However, the loss from district movement is significantly more, such that it’s likely to be an overall net cost to the state.

An unknown number of these students may already be using the STO private school scholarship program, so some parents may switch to ESAs which would reduce the net cost to the state.  Likewise, not every applicant may qualify.

The estimated total cost of up to $180 million is significantly higher than the $33.4 million projected by the Joint Legislative Budget Committee for FY2023. The 31,7500 applicants are more than five times what the Joint Legislative Budget Committee projected of about 5,800 applicants in the first year of the program. The JLBC estimate though was very rough and saw the program doubling in year two.

STO scholarship award amounts are likely to increase in order for them to stay more competitive with the universal ESAs and because the number of of STO scholarship applicants may decline. Keep in mind, STO scholarships are administered by privately-run organizations that can take up to 10% of tax credit donations to cover administrative costs. Universal ESAs represent competition for their business. Some past STO scholarship awardees may switch to the universal ESA program, which could reduce contributions to STOs  (it was common for STO donors to contribute on behalf of a particular recipient), but since the tax credit  costs contributors nothing, they may persist.  

Many of the new applicants are likely homeschooled students, which the JLBC had estimated at 38,000 who are now eligible for state funding.

Risk of Misuse Rises Significantly 

Two potential issues arise with universal vouchers that might fall under the general category of fraud-whether pursued civilly or more likely with internal enforcement-relates to violations of the ESA contract. These occur if an ESA recipient were to misspend monies or double dip by receiving an STO scholarship simultaneously in violation of the ESA contract. Since ESAs go through the Department of Education, students are well tracked. An audit process is designed to prevent misspent dollars. 

As GCI noted in September, already a number of permitted ESA expenses are questionable.  But with a wider program that expands to homeschool, such oversight may be more challenging. Parents or guardians accepting ESAs sign a contract where they also agree not to accept an STO scholarship.  However, the state does not track recipients of STO scholarships outside broad aggregate reporting to the Arizona Department of Revenue.  It has been evident for a number of years that many parents or guardians seek and receive scholarships from multiple STOs, such that in 2019-2020 about 90,000 scholarships were awarded to around 50,000 private school students who were not receiving an ESA voucher (see diagram above). While some parents or guardians may not currently be in compliance with this restriction, the narrower scope of ESA eligibility limited that opportunity. However, with universal vouchers, the potential that a parent or guardian might attempt to double dip from both the ESA and STO scholarship programs rises significantly and an effective mechanism to catch when that occurs does not appear to exist.

Download PDF of paper including footnotes.

For more information, contact: 
Dave Wells, Research Director
dwells@azgci.org, 602.595.1025, Ext. 2

The Grand Canyon Institute (GCI) is a nonpartisan, nonprofit organization dedicated to informing and improving public policy in Arizona through evidence-based, independent, objective, nonpartisan research. GCI makes a good faith effort to ensure that findings are reliable, accurate, and based on reputable sources. While publications reflect the view of the institute, they may not reflect the view of individual members of the board.SUPPORT US

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Randi Weingarten, president of the AFT, campaigned across the country for candidates who support public schools and their teachers. She released the following statement:

American Voters Reject Extremism in Win for Democracy and Freedom

WASHINGTON—AFT President Randi Weingarten issued the following statement on the emerging results of the 2022 midterm elections:
“In a year when democracy, freedom, public education, public safety and economic security were on the ballot, voters overwhelmingly rejected MAGA extremism and fear.


“They stood up for who we are as a country. They stood up for democracy and against election deniers. They stood up for the right of women to make decisions about their reproductive health, and against chaos and hate.


“Our country remains deeply divided—and there were many heartbreaking losses. But voters in so many close races elected problem solvers rather than problem makers.


“When public education was on the ballot, public education mainly won. Dynamic, progressive governors who ran on a positive agenda focused on the promise and potential of public schools prevailed. Ballot initiatives in California, Massachusetts and New Mexico passed. Even in Florida, against millions spent by Ron DeSantis, levies boosting funding for schools saw widespread success.


“These results show a deep reservoir of support for public schools and for the sustained investment that parents want to help their kids thrive. And the endorsement of collective bargaining provisions in multiple states and cities comes at a time when the labor movement—including unions representing educators—maintains strong and enduring approval. AFT members—educators, healthcare workers, public employees, and retirees—campaigned relentlessly for what our kids and communities need, and those efforts made a difference.


“The final picture will emerge in the coming days. Still, one thing is already clear: Last night, Americans boldly asserted their rights and freedoms and rallied around the democratic institutions that give our country meaning and hope for the future.”

Evelyn Douek, a professor at Stanford Law School, writes in The Atlantic about the international appetite to regulate social media, a fact that Elon Musk seemed not to anticipate.

She writes:

In the coming weeks, Musk is in for some surprising meetings and phone calls, it seems (if anyone’s left in the Twitter legal department to set up those meetings or calls). Canada’s C-11 bill, also known as the Online Streaming Act, would greatly increase governmental control over online content, and it is part of a wave of new internet-speech laws now being debated or implemented in countries around the world….

Since then, Musk has made numerous statements about his plans to change how the platform moderates content—that is, how it treats the material that its users post on its site. Most of these plans seem to involve taking a lot less content down. The mercurial Musk might not actually follow through on these thought bubbles; making good on his vow to “defeat the spam bots,” for example, would require Twitter to shut down more accounts, not fewer. But the overall tenor of his comments reflects a certain nostalgia for the more libertarian early days of social media. Musk seems to believe that “the tweets must flow,” as one of Twitter’s co-founders famously declared in 2011.

But the halcyon days of social-media platforms’ youth are over, and the regulatory landscape that these platforms grew up in is gone forever. In fact, contrary to common understanding, social media has never been unregulated. As the Georgetown professor Anupam Chander has argued, “Law made Silicon Valley,” by intentionally giving platforms a wide berth in how they treated content on their website. The centerpiece of this approach is the now-famous Section 230, which immunizes platforms from liability for most of their content-moderation choices. No other country has been as hands-off as the United States, but platforms have enjoyed substantial regulatory leeway in much of the rest of the world too. Now, amid a widespread belief that the tech giants are changing society for the worse, many jurisdictions are looking for ways to rein them in. And in many places, they are succeeding.

In the U.S., members of Congress have introduced a pile of bills to amend Section 230, but even if none becomes law, the legal framework in which internet platforms operate appears to be on shaky ground. In October, the Supreme Court agreed to hear two cases that may dramatically narrow Section 230’s scope and expose platforms to much more regulatory risk. In the first, Gonzalez v. Google, the relatives of an American student killed in a 2015 terrorist attack in Paris are suingYouTube’s parent company over Islamic State propaganda on the site. The Court will decide whether social-media platforms become liable for users’ content if they algorithmically recommend it to other users. If the justices say yes, then Twitter could suddenly be on the hook for recommending defamatory speech or harassment or speech that supports terrorism. The impact of such a ruling on Musk’s platform could be enormous, because basically everything in most users’ Twitter feed is “recommended” in one form or another.

In the second case, Twitter v. Taamneh, the Court will decide whether platforms can be found to have aided and abetted terrorism if terrorist propaganda appears on their sites, notwithstanding the fact that platforms already remove a lot of such material. If both of these cases come out against the platforms, Musk’s apparent disdain for taking content down might quickly evaporate….

More regulation is coming across the Atlantic too. After Musk tweeted “the bird is freed” on Thursday, European Union Commissioner for Internal Market Thierry Breton responded with a friendly reminder: “👋 @elonmusk In Europe, the bird will fly by our 🇪🇺 rules. #DSA.” The hashtag referred to the EU’s new Digital Services Act, which was passed this year and will take effect over the next few years. The complicated and sweeping law imposes a wide variety of risk-assessment, auditing, transparency, and procedural obligations on large platforms and exposes them to massive fines if they don’t comply. Unlike with the Canadian bill, Musk at least has heard of this one. In May, a few weeks after Musk announced he was buying Twitter with much bravado, Breton released something that vaguely resembled a hostage video, shot just after he had explained the DSA in a discussion with Musk. In it, the two men shook hands, and an uncharacteristically obliging Musk told Breton, “I agree with everything you said, really.”

In short, Musk wants fewer limits on Twitter content, but the regulatory environment is changing in ways that he won’t like. Not only in the U.S., but internationally. Racists, haters, anti-vaxxers, anti-maskers, and conspiracy theorists might not find a congenial home on Twitter.

In addition tto regulators and courts, Musk will have to persuade the big advertisers whose revenue he needs that Twitter has not turned into a swamp of lies, hate, and propaganda.