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Culture War Roundup for the week of October 10, 2022

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had enough reach that those victims received threats from other people

But the threats don't have to have anything to do with the reach. Everything Alex Jones said about Sandy Hook came long after it was mainstream in conspiracy theory circles. The idea that those involved were actors didn't catch on because of Jones. It caught on because of that one Robbie Parker video from the day after the shooting where he comes across as suspicious, which has been incessently posted on /pol/ since it came out and supplemented with various additional coincidences. 4plebs doesn't go all the way back to the shooting but you can see the discussion back in December 2013:

http://archive.4plebs.org/pol/search/text/robbie%20parker/order/asc/page/1/

Meanwhile Alex Jones was claiming that the shooting happened but was a false-flag orchestated by the government. If we go by this Media Matters page he didn't start parroting the "actors" thing until 2014. It's hard to judge since obviously I obviously don't watch him myself but it doesn't even look like he talked about it much, the grassroots conspiracy-theorist interest was much greater. But nonetheless the legal system blames him for other conspiracy theorists because they share the same beliefs, without proving that he caused those beliefs.

Some guy in an online conspiracy theory site talking to a couple hundred like-minded zealots about how you are an actor and your alleged child never existed so couldn't have been shot is harmful, but if you never hear about it and none of the zealots try tracking you down, it's small harm.

Some guy with a radio show broadcast nationally, who has been sued several times for repeating these theories, and refuses to shut up but keeps going on about it, is a different matter.

"On April 16, 2018, Neil Heslin, father of victim Jesse Lewis, filed a defamation suit against Jones, Infowars and Free Speech Systems in Travis County, Texas. Later that day, Leonard Pozner and Veronique De La Rosa, parents of victim Noah Pozner, filed a defamation suit against them as well. Pozner, who has been forced to move several times to avoid harassment and death threats, was accused by Jones of being a crisis actor. Jones was found to be in contempt of court even before the trial started, failing to produce witnesses and materials relevant to the procedures. Consequently, Jones and Infowars were fined a total of $126,000 in October and December 2019."

If it is true that someone had to move several times because Jones fans/believers were harassing him, then Jones is responsible for not shutting the hell up.

but if you never hear about it and none of the zealots try tracking you down, it's small harm.

I'm not sure this is necessarily obvious. Can you really be harmed if you don't realize it?

If the victim feels no distress, what actually determines if someone has been harmed?

Except that the complaint alleged that it was all about the reach -- ie, that it was him, and not whatever else was going on in conspiracy theory circles, which caused the harm to the plaintiffs. Since he managed to fuck up his way to a default judgment, the allegations of the complaint were taken as true. So, those are the facts (or, if you prefer,, "facts") that were the basis of the damages.

I'm not sure how relevant that is. Whether those claims had been made before or not, Jones was still making those claims, and he brought them to vast new audiences that would not have been reached if they had just circulated among 4chan anons (a group that is harder to bring to court for defamation for reasons that should be obvious).

brought them to vast new audiences

Did he? How many people watch Alex Jones but aren't familiar enough with the conspiracy-theory community to have encountered an extremely popular conspiracy theory? And of course the grassroots conspiracy theorists had a lot more detail and arguments too, unlike Alex Jones vaguely referencing the claims that were already widespread. For that matter the first page of that 4plebs search in 2013 has a screenshot of Robbie Parker's former phone number, certainly not something Alex Jones shared and from before he even started referencing "actors". We hardly need Alex Jones to explain why he got harassing phone calls. Even if there's a significant audience of casual conspiracy-theorists who watch Alex Jones but aren't in contact with the rest of the conspiracy theory community, it seems like those would be the least likely to act on that information.

From what I can tell the modern conspiracy-theorist community is fundamentally very grassroots, a distributed effort to accumulate the sort of seemingly-convincing evidence and arguments described in The Pyramid and the Garden. Not that non-conspiracy-theorists are immune to this, most of them will accept similarly bad evidence under other circumstances, they're usually just using heuristics like "reject things called conspiracy theories by mainstream sources" which fail as soon as something true is called a conspiracy theory or a false conspiracy theory is treated seriously by the mainstream. E.g. I remember people on 4chan sometimes thinking posts they didn't like were "bots" even when this was technologically very implausible, and then years later I saw the habit of accusing opposing posters of being "Russian bots" on sites like Twitter and Reddit go mainstream. (Complete with popular ideas like "You can tell they're Russian bots because their usernames end with 8 numbers on Twitter" - of course the actual reason is because that's Twitter's format for suggested usernames.) Anyway, maybe the conspiracy-theorist community used to be more centralized but nowadays very few conspiracy theories originate or are even popularized by some identifiable leader, they're just networks of people who combine the same mistakes in reasoning most people make with a distrust of official sources.

a group that is harder to bring to court for defamation for reasons that should be obvious

Right. But it doesn't seem like you should get to legally treat the guy who happens to be the most prominent conspiracy-theorist as a scapegoat just because there's nobody else to sue. Defamation law doesn't have a mechanism to crack down on communities of people with mistaken ideas, and rightly so.