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Thursday, May 2, 2024

Daily Wire's Secret Gag Order against Candace Owens

By:   Press Release
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Daily Wire's Secret Gag Order against Candace Owens

Glenn Greenwald | On April 5, Candace Owens publicly invited her former Daily Wire colleague Ben Shapiro to a debate about "Israel and the current definition of antisemitism." It was Owens' criticisms of U.S. financing of Israel, and her criticisms of Israel's war in Gaza, that caused her departure from the Daily Wire two weeks earlier.

Both Shapiro and Daily Wire CEO Jeremy Boreing responded by saying they would like to arrange the debate requested by Owens. That night, Shapiro appeared to accept her offer, writing on X: "Sure, Candace. I texted you on February 29th offering this very thing." The Daily Wire co-founder added: "Let's do it on my show this Monday at 5pm at our studios in Nashville; 90 minutes, live-streamed."

After Owens objected to the format and timing, she and Boreing exchanged several tweets in which they appeared to be negotiating, and then agreeing to, the terms and format for the debate. Owens had suggested the debate be moderated by Joe Rogan or Lex Fridman. Shaprio said he wanted no moderator. They ultimately agreed to the terms, with Boreing offering a series of conditions, including a no-moderator debate, and with Owens publicly accepting

Two weeks later, many readers of both Shapiro and Owens noticed, and complained, that the debate had not yet happened. On April 24, Owens addressed those inquiries by explaining that the Daily Wire had yet to propose dates, while reiterating her strong desire to ensure the debate happened.

But the debate was never going to happen. That is because the Daily Wire -- in secret and unbeknownst to its readers -- sought a gag order to be placed on Owens after she had called for a debate. They did this under the cover of secrecy, before a private arbitrator, at exactly the same time that they were claiming in public that they wanted this debate and were even negotiating the terms with her. To this date, the Daily Wire has not informed its readers, seeking to understand why the much-anticipated debate had not yet happened, that they had sought and obtained a gag order against Owens.

After the prior restraint hearing sought by the Daily Wire and Shapiro, the arbitrator sided with them and against Owens. The arbitrator agreed with the Daily Wire that Owens' call to debate Shapiro, and her follow-up negotiations of the debate, constituted "disparagement" of the company and Shapiro. The company argued that any further attempt by Owens to debate, as well her suggesting that the debate would expose the Daily Wire's real "priorities," constituted criticisms of the site and of Shapiro, criticisms that the arbitrator concluded Owens was barred from expressing under her contract with the company.

The arbitrator thus imposed a gag order of prior restraint on Owens. Among other things, the order banned Owens from saying or doing anything in the future which could tarnish or harm the reputation of the Daily Wire and/or Ben Shapiro. Given that the Daily Wire had argued, and the arbitrator agreed, that Owens' offers to debate Shapiro about Israel and anti-semitism were themselves "disparaging," the Daily Wire has ensured that the debate with Owens that they publicly claimed to want could not, in fact, take place. Any such debate would be in conflict with the gag order they obtained on Owens from expressing any criticisms of the site or of Shapiro.

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