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The First Amendment’s position on freedom of speech is pretty clear. The Obama and Biden administrations however decided that while freedom of speech bars them from directly censoring political opponents, it didn’t stop them from asking, rather than ordering by decree, private companies to censor on their behalf.
The idea that the government could just bypass the Bill of Rights by asking private companies to do it for them was never legally tenable. And now it’s in trouble.
A federal court in Louisiana on Tuesday barred parts of the Biden administration from communicating with social media platforms about broad swaths of content online, a ruling that could curtail efforts to combat false and misleading narratives about the coronavirus pandemic and other issues.
In the ruling, Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana said that parts of the government, including the Department of Health and Human Services and the Federal Bureau of Investigation, could not talk to social media companies for “the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.”
Judge Doughty said in granting a preliminary injunction that the agencies could not flag specific posts to the social media platforms or requests reports about their efforts to take down content. The ruling said that the government could still notify the platforms about posts detailing crimes, national security threats or foreign attempts to influence elections
The government can handle areas that are its legitimate responsibility, but it can’t ask companies to do things for it that it could not do for itself.
This is simply common sense.
If the federal government directly censoring materials would fall afoul of the First Amendment, so would asking Facebook or Twitter to do it for them.
We’ve seen this game being played out for a while already. The DOJ, the FBI or even White House staffers forward materials to top Big Tech executives while being warned that they’re in danger.
A White House official said the Justice Department “is reviewing the court’s injunction and will evaluate its options in this case.”
“This Administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections,” the official said. “Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present.”
And the best way to do that is to end the censorship.
Algorithmic Analyst says
Yeah, it’s getting scary, governments threatening huge fines or jail sentences for “misleading information” (they get to decide what is misinformation) while exempting themselves. And appointing self righteous dimwits to head the misinformation agencies.
Mo de Profit says
It’s happening here in the UK and the rest of Europe so I can safely assume it’s worldwide.
Who’s coordinating this? The UN via the World pHarma Organisation?
Jeff Bargholz says
I seriously doubt there’s any central command our coordination, just shared interests. Interest in creating autocracies run by the scum who think they’re the “philosopher Kings” who think they know better than us peasants and want to impose a 21st century form of feudalism.
Jeff Bargholz says
We’re being subjected to more and more Soviet suppression tactics. No wonder lefties and their Dirtbagocrat party always admired the Soviet Union but hate Putin, who is evil but doesn’t oppress common Russian citizens.
This administratioin is lawless, and the Dirtbagocrat party is close behind. We’re screwed.
Greg says
End the censorship, you say? Now there’s a banality that might be suppressed by the Dem0c-rat censors (or is it “sensors” in this age of Artificial Intelligence?) because to do otherwise would be spreading Russian disinformation– next thing you know they’ll be denying global warming– and doing the bidding of Mikhail Gorbachev. Joe Bite-Me won’t stand for it. Democ-rat media propagandists are old hands at projecting such partisan delusions: “Let’s go Brandon.”
Jeff Bargholz says
There’s no such thing as genuine artificial intelligence. There are no man made sentient devices and likely never will be. AI is just a computer program like any other Info into a data base, the same info out. AI is a typical misnomer that computer dorks with poor English skills came up with like “menu,” which you cannot use to order food. AI refers to programs which can substitute for things that used to have to be done by human beings, such as the voice programs on phones and facial recognition programs used by law enforcement agencies. The programs operate much faster than human beings in those instances. AI programs do not think and are not self aware. The push by people in the AI field to convince people they do is a bullshit scam that only suckers fall for, and it has been sin the 1980s.
Kit_Jefferson says
Tyranny by proxy will not be as easily controlled as some would believe. There are far too many indoctrinated by socialism to see it come to and end anytime soon, no matter how many court injunctions are issued.
Jeff Bargholz says
And many weak willed people want to be told what to do.
Ugly Sid says
The First Amendment on America’s birthday.
Perfect.
Jeff Bargholz says
Judge Doughty is a Trump appointee, of course. Unfortunately, the Traitor Joe administration and Dirtbagocrat party will ignore his ruling, just like they’re ignoring the Supreme Court decision which exposesd the student loan forgiveness vote buying scheme as utterly illegal. By coincidence, Chris Salcedo and his expert guest (a real one, unlike the fakes featured in the fake news media) are on right now and they say the same thing I do. The ruling won’t be obeyed although I presume they’ll try to weasel their way around it rather than defying it outright.
I seriously doubt the autocrat handlers of Alzheimer Joe or the Stalinists in the Dirtbagocrat party always simply asked the social media giants to censor the truth and all conservatives who purveyed it. Doubtlessly, coercion and extortion were used as well, although the social media boy kings were all too happy to go along and usually did it on their own, anyway.