Tag: 1st amendment

ACLU: Trump’s gag order in federal case is unconstitutional

For four years during former President Donald Trump’s presidency, the American Civil Liberties Union was one of his biggest courtroom adversaries. Now, the group is taking his side in a high-profile fight over what Trump can say as a criminal defendant.

The ACLU on Wednesday stepped into the battle over Trump’s federal gag order, arguing that U.S. District Judge Tanya Chutkan violated Trump’s First Amendment rights as well as the public’s right to hear him when she issued the order earlier this month. Chutkan is presiding over the criminal case special counsel Jack Smith is pursuing against Trump for trying to overturn the 2020 presidential election results.

“The obvious and unprecedented public interest in this prosecution, as well as the widespread political speech that it has generated and will continue to generate, only underscores the need to apply the most stringent First Amendment standard to a restraint on Defendant’s speech rights,” ACLU attorneys wrote in a friend-of-the-court brief.

The group urged Chutkan to reevaluate her order, calling it both vague and overbroad, with aspects of its meaning “unknown and perhaps unknowable.” One particular uncertainty the ACLU seized on was the meaning of Chutkan’s prohibition on statements that “target” Smith, his prosecutors, court personnel, defense attorneys or witnesses.

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How To Yell ‘Fire’ in a Crowded Theater

At a July hearing of the House Select Subcommittee on the Weaponization of the Federal Government, Republican members focused on social media companies’ moderation of largely conservative viewpoints and accused the Biden administration of working hand-in-hand with tech companies to censor critics.

The First Amendment generally restricts the actions of the government and not purely private decisions of companies. A spirited, and unsettled, debate is emerging nationwide as to the extent of government pressure on platforms that should render a moderation decision a First Amendment violation.

But some members of the Weaponization Subcommittee sought to minimize the concerns about moderation without engaging in a nuanced discussion about government pressure, or “jawboning.”

“I’m an attorney by training, and one of the things I learned very early on in constitutional law is that no right given to the people of the United States is absolute,” Rep. Linda Sánchez (D–Calif.) said when asking a witness about the harms of health misinformation. “And that includes the right to free speech because you do not have the right to shout fire in a crowded theater, because it could produce harm and death of people by being false.”

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US Government & NewsGuard Sued by Consortium News

The United States government and internet “watchdog” NewsGuard Technologies, Inc. were sued today in federal court in Manhattan for First Amendment violations and defamation by news organization Consortium for Independent Journalism, a nonprofit that publishes Consortium News.

Consortium News‘s court filing charges the Pentagon’s Cyber Command, an element of the Intelligence Community, with contracting with NewsGuard to identify, report and abridge the speech of American media organizations that dissent from U.S. official positions on foreign policy. 

In the course of its contract with the Pentagon, NewsGuard is “acting jointly or in concert with the United States to coerce news organizations to alter viewpoints” as to Ukraine, Russia, and Syria, imposing a form of “censorship and repression of views” that differ or dissent from policies of the United States and its allies, the complaint says.  

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Destroying Liberty Through State Protection: The First Amendment

For a state to continue existing in any meaningful way, it must constantly seek to centralize power. Regardless of the original intentions of a state’s founders or the heritage that a state claims, if those running the state simply maintain their existing powers rather than growing them, they will find themselves circumvented. Subdivisions and organic local communities nominally under the state will develop independently from the state’s center of power, and the state’s power will, over a period lacking in centralization, be rendered negligible at best. This necessitates that the state centralize in response to any diverging localities to continue existing.

To sustain its centralization, the state relies on narratives and justifications propagated by its apologists. One of the most popular justifications for the increasing scope of power since the early modern era has been the safeguarding of rights and liberties of the people subjected to the state. Contrary to the promise, the safeguarding of rights and liberties only serves to expand the power of the state, further centralizing its domains and in time inevitably regulating the rights and liberties, eroding the cause itself. This is demonstrated no clearer than in the history of the United States, specifically in the First Amendment.

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California Quietly Repeals Restrictions on Doctors’ COVID-19 Advice

California legislators last month quietly repealed a 2022 law that authorized disciplinary action against doctors, including loss of their medical licenses, when they share COVID-19 “misinformation” with their patients. The law, A.B. 2098, defined that ambiguous and highly contested category of speech as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care.”

Not sure what that means? Neither were the California physicians who challenged the law on First Amendment grounds in two separate lawsuits. They argued that the state’s amorphous definition of prohibited medical advice was bound to have a chilling impact on constitutionally protected speech.

In McDonald v. Lawson, which the Liberty Justice Center (LJC) filed in the U.S. District Court for the Central District of California on October 4, 2022, Judge Fred Slaughter declined to issue a preliminary injunction, concluding in a December 28 order that A.B. 2098 was probably constitutional. Four weeks later in Høeg v. Newsom, which the New Civil Liberties Alliance (NCLA) filed in the U.S. District Court for the Eastern District of California on November 2, Judge William B. Shubb reached the opposite conclusion.

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An Iowa Man Published Body Camera Footage From His Arrest. The Cops Are Suing Him for Defamation.

An Iowa man published body camera footage of his arrest at the hands of two Newton, Iowa, police officers last year. Now, he’s being sued for defamation. 

In August 2022, 19-year-old Tayvin Galanakis was driving in Newton just after midnight when he was pulled over by police officers Nathan Winters and Christopher Wing. 

“How much have you had to drink tonight?” Winters asks Galanakis in body camera footage from the incident.

“None,” Galanakis responds. Winters incredulously asks, “What do you mean none?” Galanakis said, “Great, let’s do a test then.”

The footage then shows Galanakis undergoing a series of field sobriety tests. After Winters claims Galanakis failed them, he administered a Breathalyzer test, which showed that Galanakis had a blood-alcohol level of 0.00. Almost immediately after proving his sobriety, body camera footage shows Winters asking Galanakis about how much marijuana he had consumed.

“Despite previously claiming he could smell alcohol on Tayvin, Officer Winters now claimed he believed Tayvin was intoxicated due to his use of marijuana,” reads a legal complaint later filed by Galanakis. “Tayvin continuously told the officers that he did not use marijuana and that his placement on the William Penn [University] football team renders him unable to use marijuana because of his weekly drug tests.”

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Pennsylvania Police Charge Metaphysical Shop Owner With Practicing Witchcraft and No, We Aren’t Kidding

We have become accustomed in modern times to the term “witch-hunt” being metaphorical but a practicing witch with a retail shop has become an actual target of the police for “suspicions of witchcraft” charges, despite the fact that this is the year 2023. Her crime? Fortune-telling, in the form of tarot readings. The state has a history of persecuting witches though, back to the very founder William Penn who participated in hearings against two women accused of bewitching livestock to not produce and appearing in spectral form. Basically, in the years between 1683 and right now nobody has bothered to ask if this law is useful, so it remains there to be enforced whenever the police feel like some good ol’ fashioned religious persecution.

The shop owner, @thestitchingwitch, received an email from the Borough Manager alerting her that a recent article about her business had alerted the Chief of Police himself to her allegedly illegal activities. Social media became instantly outraged on her behalf because Americans expect to have religious freedom to practice whatever they choose. It’s also very specifically targeted from the perspective of those at all familiar with the Keystone State, famous for having a groundhog predict the future weather every February 2nd. 

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Fifth Circuit Expands Injunction Against Government Online Censorship To Include CISA

A ruling on Tuesday by the US Court of Appeals for the Fifth Circuit marks a leap for the safeguarding of free speech within the social media arena. This decision sees the addition of the Cybersecurity and Infrastructure Security Agency (CISA) to a preliminary injunction in the ongoing legal contest of Missouri v. Biden.

Initially, a host of prominent agencies, including the White House, US Surgeon General’s office, CDC, and the FBI were barred from manipulating social media platforms in a manner that obstructs constitutional freedoms of speech.

The fight against censorship is far from novel, with the tale of Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines circulating in the public domain for several years. Their experiences of being censored and throttled on social media platforms form an integral part of a broader governmental agenda to curb free speech for independent thinkers and intellectuals.

This latest ruling by the Fifth Circuit punctuates a series of preceding actions, including its September 8 ruling upholding an earlier order by District Judge Terry Doughty. Doughty’s order on Independence Day caused shockwaves by banning government officials from using their offices to manipulate social media companies into surrendering the First Amendment rights of citizens.

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Defenders of the Florida and Texas Social Media Laws Contradict Themselves

Social media companies argue that their content moderation decisions are a form of editorial discretion protected by the First Amendment. Conservative critics of those companies reject that argument, even as they complain that the platforms’ decisions reflect a progressive agenda.

That contradiction is at the heart of two cases that the Supreme Court recently agreed to hear, which involve constitutional challenges to state laws that aim to correct the bias that Republicans perceive. Although supporters of those laws claim they are defending freedom of speech, that argument hinges on a dangerous conflation of state and private action.

The 2021 Florida law at issue in Moody v. NetChoice requires social media platforms to host speech by any “candidate for office,” even when it violates their content rules. The law also says platforms may not limit the visibility of material “by or about” a political candidate and may not “censor, deplatform, or shadow ban a journalistic enterprise based on the content of its publication or broadcast.”

The law does not cover relatively small, right-leaning platforms such as Gab, Parler, Rumble, and Truth Social. It applies only to the largest platforms, such as Twitter (now X), Facebook, and YouTube, which Republicans have long accused of discriminating against conservative speech.

Florida politicians made it clear that they were trying to address that perceived imbalance. The bill’s legislative findings, which complain that Facebook et al. have “unfairly censored, shadow banned, deplatformed, and applied post-prioritization algorithms,” assert that the state has a “substantial interest in protecting its residents from inconsistent and unfair actions” by those platforms.

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Biden Criticizes Online “Misinformation,” Compares The Internet To The Unregulated Printing Press

In an interview with ProPublica, released on Sunday, President Joe Biden touched upon the technological advancements and their pivotal role in shaping societal discourse and information sharing. While discussing Elon Musk’s influence over X and its policies, President Biden seemed to delve into concerns about “misinformation” and its prevalence on online platforms.

When asked by John Harwood about Elon Musk’s impact on X and its potential contribution to misinformation, President Biden responded by exploring the notion of technological evolution and what he sees as its consequences on society.

He said, “Yeah, it does. Look, one of the things that I said to you when I thought I wasn’t going to run, I was going to write a book about the changes taking place. And most of this directed over the years were these fundamental changes in society by changing technology, Gutenberg, printing and the printing press changed the way Europeans could talk to one another, all the way to today.”

Biden’s mention of the Gutenberg printing press highlights its revolutionary impact on communication among Europeans. Drawing parallels between the advent of the printing press and the current digital age, the President seemed to imply that just as the printing press had long-lasting effects on communication and information dissemination, the internet and online platforms have a similar transformative effect on contemporary society.

While the President (this time at least) stopped short of explicitly calling for censorship, his comments could be interpreted as subtly highlighting concerns around the unregulated nature of online information, potentially opening a gateway to discussions on tighter control and regulation of internet content.

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