Article

2023-09-10 -Land of the Free

By John Hinderaker

[PowerLine] Perhaps the most important case now wending its way through the federal courts is State of Missouri v. Biden. In that case, the states of Missouri and Louisiana, along with individuals including Jay Bhattacharya and Jim Hoft, allege that various federal agencies violated their First Amendment rights by leaning on social media platforms to censor their speech. Yesterday, in a 3-0 decision, a panel of the Fifth Circuit Court of Appeals affirmed a district court decision in plaintiffs’ favor as to the White House, the FBI, the Centers for Disease Control and the Surgeon General, finding that those agencies improperly coerced social media platforms, including Facebook and Twitter, in violation of the Constitution. Scott wrote about the decision here.

The decision, which I think is impressively well-reasoned, is embedded below. I encourage you to read it; you probably can skip the lengthy discussion of standing. The starting point is that the Constitution constrains government, not private parties. So the question is, when does conduct undertaken by a private party (a social media platform) become state action for purposes of the First Amendment?

The opinion poses the question this way:

Read the rest at the link

Posted by badanov 2023-09-10 00:00|| || Front Page|| [11139 views ] Top

#1 It will be a challenge for Kagan, Sotomayor and Jackson since the Biden Admin has left so much documentation of egregious and coercive behavior.

However, I'm sure they are already working hard to find a way to justify this.

Posted by lord garth 2023-09-10 00:14|| 2023-09-10 00:14|| Front Page Top

#2 The toreador distracts the bull with the cape while preparing the deadly strike with the sword.

Posted by Grom the Reflective 2023-09-10 01:45|| 2023-09-10 01:45|| Front Page Top

#3 Is there any remedy for the plaintiffs or punishment for the culprits? Didn't think so.

Posted by Abu Uluque 2023-09-10 17:13|| 2023-09-10 17:13|| Front Page Top

#4 #1 Lord Garth, it's easy for them to justify: "We hate Trump." See how easy that was?

Posted by Tom 2023-09-10 17:52|| 2023-09-10 17:52|| Front Page Top

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