Tag: 1st amendment

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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Kansas Police Chief Who Led Raid on Small Kansas Newspaper Owner’s Home and Caused Her Death Has Been Suspended

The Kansas Police Chief who led a raid on a small Kansas newspaper has been suspended from his post. Dave Mayfield, the mayor of Marion, suspended Chief Gideon Cody on Thursday. He did not go into detail or discuss whether or not he is being paid.

The searches occurred on August 11th, and has brought Marion into the spotlight regarding freedom of the press and First Amendment rights.

ABC News:

The police chief who led a highly criticized raid of a small Kansas newspaper has been suspended, the mayor confirmed to The Associated Press on Saturday.

Marion Mayor Dave Mayfield in a text said he suspended Chief Gideon Cody on Thursday. He declined to discuss his decision further and did not say whether Cody was still being paid.

Voice messages and emails from the AP seeking comment from Cody’s lawyers were not immediately returned Saturday.

The Aug. 11 searches of the Marion County Record’s office and the homes of its publisher and a City Council member have been sharply criticized, putting Marion at the center of a debate over the press protections offered by the First Amendment to the U.S. Constitution.

The mayor was originally going to wait for the state police investigation to conclude but changed his mind and suspended him prior to the results.

Earlier in September The Gateway Pundit reported that a Federal lawsuit was filed by a reporter on the police chief who conducted the raid.

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The White House’s ‘Misinformation’ Pressure Campaign Was Unconstitutional

I am one of five private plaintiffs in the landmark free speech case Missouri v. Biden. Earlier this month, the Fifth Circuit Court found that the government “engaged in a years-long pressure campaign designed to ensure that the censorship [on social media] aligned with the government’s preferred viewpoints” and that “the platforms, in capitulation to state-sponsored pressure, changed their moderation policies.” This resulted in the censoring of constitutionally protected speech of hundreds of thousands of Americans, tens of millions of times. Based on this finding, the Fifth Circuit in part upheld an injunction on certain public officials put in place by a district court.

Even when the government appealed the injunction to the Fifth Circuit, its lawyers hardly disputed a single factual finding from the court’s ruling. A unanimous three-judge panel upheld the core findings that “several officials—namely the White House, the Surgeon General, the CDC, and the FBI—likely coerced or significantly encouraged social-media platforms to moderate content, rendering those decisions state actions. In doing so, the officials likely violated the First Amendment.” The government again appealed the injunction to the Supreme Court, where we expect a ruling this week.

The government’s claim that the injunction limits public officials’ own speech is absurd misdirection. The government can say whatever it wants publicly; it just cannot stop other Americans from saying something else. Free speech matters not to ensure that every pariah can say whatever odious thing he or she chooses. Rather, free speech prevents the government from identifying every critic as a pariah whose speech must be shut down.

We are all harmed when our rulers silence criticism. Our government’s self-inflicted deafness prevented officials and their constituents from hearing viewpoints that should have had a meaningful impact on our policy decisions. Instead, government censorship resulted time and again in the silencing of scientifically informed criticisms of, for example, harmful COVID policies. This allowed misguided and divisive policies to persist far too long.

The scope of the current government censorship regime is historically unprecedented. “The present case arguably involves the most massive attack against free speech in United States’ history,” the district court judge explained in his ruling. He went on, “The evidence produced thus far depicts an almost dystopian scenario… The United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth’.” The Fifth Circuit panel concurred: “The Supreme Court has rarely been faced with a coordinated campaign of this magnitude orchestrated by federal officials that jeopardized a fundamental aspect of American life.”

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Cop City Indictments Threaten Press Freedom Too

THE DISTURBING INDICTMENT of 61 people who protested the Georgia police training facility commonly referred to as “Cop City” lays bare everything that is wrong with RICO laws and the prosecutors who abuse them. Even the author of the federal Racketeer Influenced and Corrupt Organizations law, on which the Georgia law is based, agrees that it’s meant to fight organized crime, not stifle dissent.

The implications of the indictment for press freedom may seem like an afterthought considering everything else that is terrible about it. Its working theory is essentially that whenever some members of a protest movement commit crimes, everyone involved in the movement is responsible for the “conspiracy,” no matter how tenuous their connection to the alleged offense. It seeks to criminalize a centuries-old political theory — anarchism — and to frame the activism following George Floyd’s murder as a plot by domestic terrorists (the indictment says the quiet part out loud by listing the date Floyd was killed as the start of the “conspiracy”). Perhaps most importantly, it has upended the lives of all those baselessly indicted.

That said, the threat to press freedom is real and shouldn’t be ignored. Any source considering talking to a journalist about a protest or controversial cause couldn’t be blamed for thinking twice after reading the indictment.

“Defend the Atlanta Forest uses websites, social media, and statements to traditional media to sow disinformation and propaganda to promote its extremist political agenda, legitimize its behavior, and recruit new members,” prosecutors allege. “[I]n an effort to de-legitimize the facts as relayed by law enforcement … members of Defend the Atlanta Forest often contact news media and flood social media with claims that their unlawful actions are protected by the First Amendment.” 

The indictment also alleges that Defend the Atlanta Forest has “worked with external entities to produce videos and podcast interviews” where they discuss “anti-authority movements”; that the group holds “media-attended press conferences to control the story and promote their own narrative”; and that it posts “press releases, misleading information, propaganda, and disinformation” on its website.

The message is clear: Try to spread opinions cops don’t like through the media, and you might find your name listed after “State v.”

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Police Seek a Radio Silence That Would Mute Critics in the Press

As a freelance journalist many years ago, I was walking the streets of Brooklyn, looking for a juicy story, anything that I could get into print. I was coming up empty. So I did what anyone would do in that situation. I had lunch.

Halfway through my Jamaican jerk chicken, I heard several gunshots, and in a flash, a man ran by the restaurant. I threw my money on the table and headed to the scene. When I got there a bystander pointed me toward the spent shells. I looked around and talked to witnesses. As one young man pontificated to me about poverty and unemployment leading to crime, I noticed that the cops weren’t there yet. But a photographer from the Daily News was.

That was because, like any good crime reporter, he was listening to police radio and responding to 911 calls, hoping to catch fresh crime footage, fires and other colorful photos that editors love. He’s not alone. Journalists around the country do this, as does anyone who is simply interested in cops, firefighters and other emergency services. Police scanners aren’t cheap, but they are readily available at many electronics retailers.

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Federal Judge Blocks California Online Age-Checking Law as Unconstitutional

A federal judge has granted an injunction blocking a California law that would force online businesses and social media platforms to estimate the ages of people visiting their sites and protect children from seeing content that might cause harm, stating that the law likely violates the First Amendment and would likely lead to online government-fueled censorship.

The law in question, the California Age-Appropriate Design Code Act (CAADCA), is one of the recent crop of bills seeking to “childproof” the internet by either demanding age verification checks of users or by locking away content. CAADCA, passed in 2022 unanimously by the state legislature and supported by Democratic Gov. Gavin Newsom, requires every business in the state with an online component to create a report showing how any new good or service they provided would be accessed by children and investigate and account for any sort of “harms” children might face. Businesses that are not in compliance with the law face fines of up to $2,500 per violation.

NetChoice, a trade organization representing tech firms, sued earlier this year to try to block the law. In NetChoice v. Bonta, the trade organization argued that this overly broad law violates the Constitution by “enact[ing] a system of prior restraint over protected speech using undefined, vague terms, and creat[ing] a regime of proxy censorship, forcing online services to restrict speech in ways the State could never do directly.” In short, the end result of the law would lead to businesses and online platforms having to censor content in order to keep children from seeing it, even though a lot of this content is likely to be protected First Amendment speech.

On Monday, U.S. District Judge Beth Labson Freeman of the U.S. District Court of the Northern District of California, San Jose Division, agreed and blocked the state from enacting the law, which was scheduled to take effect on July 1, 2024.

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There’s no ‘disinformation’ exception to the First Amendment

Misinformation and disinformation retain the basic characteristics of speech. Unless they fall into one of very few exceptions, they are protected from censorship under the First Amendment.

Consistent with those very limited exceptions, any effort by the government to prevent the dissemination of ideas or opinions, even if they are based on untruths, is unconstitutional.

A three-judge panel for the Fifth Circuit Court of Appeals recently upheld an injunction that prohibits the government from pressuring social media platforms to de-escalate or remove speech that the government identifies as misinformation or disinformation.

On Thursday, Sept. 14, that injunction was put on pause by the Supreme Court until Sept. 22, to give the Court more time to consider the issue.

The injunction resulted from a lawsuit filed by the attorneys general of Missouri and Louisiana and others accusing the federal government of strong-arming social media companies in order to amplify government-approved points of view and muffle or silence opposing views.

The federal government’s argument was that it did no more than partner with the companies and assist them in rooting out disinformation. Dismissing this argument, the Fifth Circuit held that the government implemented a coordinated campaign of such unrelenting pressure that the content moderation policies implemented by the platforms were no longer independent. Instead, the platforms were functioning as agents of the government, transforming the content moderation decisions into state action.

In other words, the appellate panel found that the social media platforms essentially acted as agents of the federal government when the platforms removed or de-amplified posts based on government-created criteria of truth or falsity. In doing so, the court found that the government unconstitutionally censored the speakers’ and listeners’ First Amendment rights.

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Houston Police Arrested an Animal Rights Protester and Detained Him for 16 Hours, Lawsuit Says

Animal rights activists Daraius Dubash and Faraz Harsini were peacefully demonstrating in a Houston, Texas, public park when park employees demanded they leave. When Dubash insisted that the pair had a First Amendment right to protest, officials called the police, who arrested Dubash and charged him with criminal trespass. 

While Dubash’s charge was eventually dismissed, the pair have now filed a First Amendment lawsuit against the city, arguing that city police clearly violated their Constitutional rights.

“No one should be handcuffed and detained for exercising his First Amendment rights,” said JT Morris, an attorney for the Foundation for Individual Rights and Expression, a First Amendment nonprofit group. “We’re suing because public parks belong to all Americans and their expressive rights, not the personal views of a few.” 

From April to July 2022, Dubash and Harsini demonstrated several times in Discovery Green, a Houston public park. According to their lawsuit, the pair—keeping in practice with Anonymous for the Voiceless, the animal-rights activist group the two pertained to—wore Guy Fawkes masks while playing clips from Dominion, a documentary showing the gruesome mistreatment of animals in factory farms. 

On three separate occasions, park employees asked the pair to leave the park, claiming that the park was private property. (Discovery Green is public property, though it is managed by a private company.) According to the complaint, the pair complied, fearing retaliation.

On July 23, 2022, Dubash and Harsini were approached again. This time, they refused to leave, and Dubash calmly told park employees that he had a right to demonstrate peacefully. However, a park security guard told Dubash that protests were allowed on a “case by case” basis, adding that his “manager is going to come and come look at it.”

According to the lawsuit, when the manager, Floyd Willis, arrived, Dubash informed him that, while the park was managed by a private conservancy, the park was still public property, meaning that the First Amendment applied.

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