SCOTUS and Federal Judge Rule in Favor of the First Amendment

David Strom at Hot Air

After several years of government encroachment on the 1st Amendment–the right to speak, to worship, and to conduct commerce without compulsion–the courts are finally placing reasonable limits on government efforts to circumscribe our freedom of speech and even thought.

Two major decisions come within a week of each other: the 303 Creative case, which I believe is one of the more important Supreme Court decisions in recent years, and now the preliminary injunction against the Executive Branch’s coordination with private companies to suppress speech. Read Ed’s summary of the injunction I linked above for a more detailed description, and you can read the order here.

303 Creative was so important because it eviscerated the states’ right to force people to create content with which they morally disagree. Leftists argue, quite wrongly, that it allows people to discriminate against protected classes, such are gays or Blacks, but the decision doesn’t actually say that. Nobody is any freer to deny service to people due to race, gender, or sexual preference; they are, however, free to reject commissions for creating anything that celebrates things that they morally oppose, such as gay marriages, BLM riots, or any similar statements that amount to expression.

……Attempts to limit the speech rights of citizens are hardly new; they have been a recurring part of both world history and, unfortunately, American history. Almost always justified in the United States based upon claims of exigent circumstances, such as war or “emergencies,” free speech is most threatened in cases where it is most needed.

……During the coronavirus pandemic the government pressed social media companies to suppress true information, and during the election and after the government pressed the same companies to suppress American citizens’ speech as Russian disinformation even when everybody involved knew this assertion to be false.

In other words, the government suppressed true or at least entirely defensible statements knowingly and smeared and silenced its political opponents based upon claims of exigent circumstances, deliberately altering the political landscape in order to produce results that bureaucrats and politicians found personally salutary.

This is, first of all, almost the definition of misinformation, and it came from the government and not the people accused. It is also patently unconstitutional and incompatible with the proper functioning of a liberal society. It is clear to me that the government doesn’t even have the right to suppress “misinformation,” but rather has the right to counter it with its own speech; it certainly has neither the right nor an appropriate excuse to suppress speech it doesn’t like for whatever reason.

Some people justify the fight against misinformation based upon the “noble lie” theory of government; suppression of debate and true information that leads people to make (presumably) bad decisions is acceptable because the consequences are good. This argument is flawed in many ways, not the least of which is that it sacrifices the long-term good for short-term gains.

Daily Wire

A federal judge issued an injunction on Tuesday that bans numerous top Biden administration officials and agencies from communicating and meeting with social media companies.

The injunction came in response to a lawsuit brought by two Republican attorneys general who “produced evidence of a massive effort by Defendants, from the White House to federal agencies, to suppress speech based on its content,” said U.S. Judge Terry A. Doughty.

Sen. Eric Schmitt (R-MO), who filed the lawsuit against the lawsuit while he was still serving as Missouri’s attorney general, responded to the news by calling it a “Big win for the First Amendment on this Independence Day.”

“White House officials, CDC & others are stopped cold. We need to continue the fight to take down the Vast Censorship Enterprise,” he said. “Their view of ‘misinformation’ isn’t an excuse to censor. This is the most important free speech case in a generation. Freedom is on the march.”

……The lawsuit, filed by Missouri and Louisiana, accused the Biden administration of pushing social media companies to censor content related to the coronavirus pandemic.

The states said in the lawsuit that the Biden administration’s actions were “the most egregious violations of the First Amendment in the history of the United States of America.”

The Biden regime and Big Tech media tried to crush the 1st Amendment during covid, pushback against the toxic vax, Fauci’s malfeasance, and the Hunter Biden laptop.

This is the kind of suppression found in communist China.

Every three-letter weaponized agency in the Swamp dictated which social media accounts to ban and posts to censor.

Government tyrants can’t do it alone. They need backing of a fraudulent media and a compliant audience.

“Disinformation” is what the government autocracy says it is.



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