Tag: free speech

Tennessee Woman’s ‘Fuck Em’ Both 2024′ Sign Is Protected Speech, Rules District Court

A federal judge has ruled a Tennessee woman can’t be fined for saying what we’re all thinking, even if it’s in the form of a yard sign.

This past week, the U.S. District Court for the Western District of Tennessee ruled that the town of Lakeland, Tennessee, violated resident Julie Pereira’s First Amendment rights when it fined her for placing a “Fuck Em’ [sic] Both 2024″ sign in her yard.

According to her First Amendment lawsuit filed last month, Pereira’s sign “simply and cogently” expressed her own opinion that neither major party candidate was an acceptable choice for president. A Lakeland code enforcement official disagreed, slapping Pereira with daily fines of $50 for violating the city’s prohibition on “obscene” signs.

The city only stopped fining Pereira after she covered the u on her sign with tape. By that point, she’d wracked up $688 in fines and other fees because of her sign.

But, unwilling to either pay those fees or dilute the “potency” of her message, Pereira sued the city of Lakeland for violating her First Amendment rights.

“In the interest of protecting not only my rights, but all citizens in the state of Tennessee this case has been taken to the next level because of its constitutional impacts,” she wrote on Facebook, per the New York Post‘s reporting.

In a brief, three-page ruling, the U.S. district court agreed with Pereira. The court barred the city from taking any further enforcement action over her sign and instructed the city to reimburse Pereira for the fines she’d paid, plus $31,000 in attorneys fees, and $1 in nominal damages for having her constitutional rights violated.

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House Report Reveals GARM’s Role in Stifling Online Discourse

A new report from the House Judiciary Committee released on Wednesday, and confirming our previous reporting, casts the Global Alliance for Responsible Media (GARM) under scrutiny, suggesting potential violations of federal antitrust laws due to its outsized influence in the advertising sector.

We obtained a copy of the report for you here.

Established in 2019 by Rob Rakowitz and the World Federation of Advertisers, GARM has been accused of leveraging this influence to systematically restrict certain viewpoints online and sideline platforms advocating divergent views.

The organization, initially conceived to manage the surge of free speech online, is reported to coordinate with major industry players including Proctor & Gamble, Mars, Unilever, Diageo, GroupM, and others. The collaboration appears to stretch across the largest ad agency holding companies worldwide, known collectively as the Big Six. Such collaboration raises concerns about a concerted effort to police content, especially content that challenges mainstream narratives.

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Former Biden Advisor Claims “The First Amendment Is Out of Control,” Hinders Government Action

Even the New York Times looks like it’s treading somewhat lightly while publishing articles aimed at dismantling the very concept of the First Amendment.

An opinion piece penned by an Obama and Biden administration adviser, Tim Wu, is therefore labeled as a “guest essay.” But was it the author, or the newspaper, who decided on the title? Because it is quite scandalous.

“The First Amendment is Out of Control” – that’s the title.

Meanwhile, many believe that attacks on this speech-protecting constitutional amendment are what’s actually out of control these days.

Wu takes a somewhat innovative route to argue against free speech: he painstakingly frames it as concern that the universally mistrusted Big Tech might be abusing it, with the latest Supreme Court ruling regarding Texas and Florida laws, (ab)used as an example.

When the government colludes with mighty entities like major social platforms – the First Amendment becomes the primary recourse to defend speech now expressed in public square forums forged through the pervasiveness of the internet.

So despite Wu’s effort to make his message seem unbiased, the actual takeaways are astonishing: one is that the First Amendment is an obstacle for the government to protect citizens (for being invoked as a tool restraining censorship?)

But this means that the First Amendment, designed to protect citizens from government censorship, is doing its job.

In the same vein, contrary to the sentiment of this “essay,” the amendment is there not to protect “national security” – nor does free speech undermine that, in a democracy.

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Anthony Blinken Reveals Government’s AI Plan To Censor Free Speech

U.S. Secretary of State Anthony Blinken admitted last week that the State Department is preparing to use artificial intelligence to “combat disinformation,” amidst a massive government-wide AI rollout that will involved the cooperation of Big Tech and other private-sector partners.

At a speaking engagement streamed last week with the State Department’s chief data and AI officer, Matthew Graviss, Blinken gushed about the “extraordinary potential” and “extraordinary benefit” AI has on our society, and “how AI could be used to accelerate the Sustainable Development Goals which are, for the most part, stalled.”

He was referring to the United Nations Agenda 2030 Sustainable Development goals, which represent a globalist blueprint for a one-world totalitarian system. These goals include the gai-worshipping climate agenda, along with new restrictions on free speech, the freedom of movement, wealth transfers from rich to poor countries, and the digitization of humanity. Now Blinken is saying these goals could be jumpstarted by employing advanced artificial intelligence technologies.

Listen to Blinken, in the video below, openly describe how the government will use AI to clamp down on the free speech of citizens. (Fast-forward to the 3-minute mark and watch through the 7:07 mark.)

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A Law Professor’s Beef With a First Amendment ‘Spinning Out of Control’: Too Much Speech of the Wrong Sort

“The First Amendment is spinning out of control,” Columbia law professor Tim Wu warns in a New York Times essay. While Wu ostensibly objects to Supreme Court decisions that he thinks have interpreted freedom of speech too broadly, his complaint amounts to a rejection of the premise that the principle should be applied consistently, especially when it benefits speakers and messages he does not like.

The immediate provocation for Wu’s diatribe is yesterday’s Supreme Court decisions in two cases challenging Florida and Texas laws that aimed to restrict content moderation on social media. Although the justices remanded both cases for further consideration by the lower courts, Justice Elena Kagan’s majority opinion in Moody v. NetChoice made it clear that the “editorial discretion” protected by the First Amendment extends to the choices that social media platforms make in deciding which content to host and how to present it, even when those decisions are inconsistent, biased, or arguably unfair. And that discretion, she said, includes the use of algorithms that reflect such value judgments.

Although Wu has reservations about “the wisdom and questionable constitutionality of the Florida and Texas laws,” he thinks “the breadth of the court’s reasoning should serve as a wake-up call.” He faults the justices for “blithely assuming” that “algorithmic decisions are equivalent to the expressive decisions made by human editors at newspapers.” The ruling, Wu says, reflects a broader trend in which “liberal as well as conservative judges and justices have extended the First Amendment to protect nearly anything that can be called ‘speech,’ regardless of its value or whether the speaker is a human or a corporation.”

As Wu sees it, freedom of speech should hinge on the “value” of the ideas that people express. It is hard to imagine a broader license for government censorship.

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Free Speech Legislation Gains Attention Following Supreme Court Siding with Biden in Social Media Censorship Case

US House Judiciary Committee Chairman Jim Jordan has reacted to Wednesday’s ruling by the Supreme Court (SCOTUS) in the Murthy v. Missouri case, to call for new legislation that would, going forward, reinforce the rules, already contained in the First Amendment, meant to protect citizens from government-orchestrated censorship.

Jordan, whose Committee is probing alleged government-Big Tech collusion in violation of the First Amendment through the Select Subcommittee on the Weaponization of the Federal Government, noted that the US Constitution’s First Amendment is “first for a reason.”

According to the Republican congressman, free speech that this amendment protects (from government intervention) should extend to any government infringement – be it in Congress, or online.

Jordan said that while respectfully disagreeing with the SCOTUS ruling the Committee’s own oversight “has shown the need for legislative reforms.”

“While we respectfully disagree with the Court’s decision, our investigation has shown the need for legislative reforms, such as the Censorship Accountability Act, to better protect Americans harmed by the unconstitutional censorship-industrial complex,” Jordan wrote in a statement.

In other words, the increasingly pressing issue of how the government “interacts” with social platforms (because of their massive reach and therefore influence among the electorate) should be put into the hands of courts and their interpretations based on new and clear legislation to guide those decisions.

The Judiciary Committee chairman mentioned the Censorship Accountability Act – a bill that would let citizens launch legal action against federal employees suspected of colluding to suppress free speech.

Regardless of the SCOTUS decision, Jordan pledged that the Committee’s “important work will continue” – stating that the Subcommittee’s thus far “uncovered how and the extent to which the Biden Administration engaged in a censorship campaign in violation of the First Amendment.”

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The Court Green-Lights Censorship

In 1919, the Supreme Court used the pretext of crisis to overhaul the First Amendment as it jailed critics of the Great War. Over a century later, the Court has again fallen victim to the Beltway’s prevailing zeitgeist in today’s regrettable decision in Murthy v. Missouri. 

The Court’s opinion, written by Justice Amy Coney Barrett, rejects the lower court’s injunction against many government agencies to stop leaning on social media companies to curate content, and does so on grounds that the plaintiffs lack standing. 

The opinion rests on omitted facts, skewed perceptions, and absurd conclusory statements. The dissent, issued by Justice Samuel Alito and joined by Justices Neil Gorsuch and Clarence Thomas, masterfully recounts the facts of the case and the inconsistency of the majority. 

Justice Barrett’s opinion completely ignored the Court’s decision last week in National Rifle Association v. Vullo. In that case, the Court held that New York officials violated the NRA’s First Amendment rights by launching a campaign to coerce private actors to “punish or suppress the NRA’s gun-promotion activities.” 

Justice Sotomayor issued the opinion for a unanimous Court, writing, “Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.” 

In Murthy, the majority did not even attempt to differentiate the case from its clear precedent in Vullo. Justice Alito, however, explained the ominous message the Court sent through the two opinions.

What the officials did in this case was more subtle than the ham-handed censorship found to be unconstitutional in Vullo, but it was no less coercive. And because of the perpetrators’ high positions, it was even more dangerous. It was blatantly unconstitutional, and the country may come to regret the Court’s failure to say so. Officials who read today’s decision together with Vullo will get the message. If a coercive campaign is carried out with enough sophistication, it may get by.

Further, the majority opinion is bereft of references to the perpetrators, their “high positions,” or their statements of coercion. Justice Barrett does not mention Rob Flaherty or Andy Slavitt – the two main henchmen behind the Biden Administration’s censorship efforts – a single time in her holding. The dissent, however, devotes pages to recounting the White House’s ongoing censorship campaign.

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Attacks On ‘Cheap Fakes’ Extend Biden Administration’s War On Free Speech

There were two astonishing developments this week in the Biden administration’s continuing attack on free speech. First, just days ahead of the Supreme Court’s decision on whether to uphold the Fifth Circuit’s injunction against the administration’s extensive censorship enterprise, a second White House press secretary strongly encouraged the media to chill political debate. Second, Karine Jean-Pierre was masterful in her delivery of the new Biden attack line on “cheap fakes.”

To set the stage: last year, the Fifth Circuit Court of Appeals unanimously upheld a federal district court’s finding that the evidence likely established that the Biden Administration, including then spokesperson Jen Psaki, had engaged in a broad attack on free speech in violation of the First Amendment. It issued an injunction prohibiting the White House and other federal agencies from taking “actions, formal or informal, directly or indirectly, to coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce… social-media content containing protected free speech.”

The government appealed to the Supreme Court, which stayed enforcement of the injunction, pending its review. The Court heard oral argument in March. The administration might prevail, despite browbeating social media into blocking core political speech, including criticism of Biden, humor, and discussion of the Hunter Biden laptop. Yes, that same laptop the Justice Department and FBI just admitted were legitimate and tamper-free. A decision is expected within 10 days.

Now, KJP and the administration are doubling down. Attacking a new category of “cheap fake” videos, KJP blasted the media for publishing unaltered video of the president’s frailties. Her objection appears to be that by presenting information about the president out of the context preferred by the administration, this video is, in effect, fake. See here.

While the administration was unclear about the missing context, I infer that it prefers a focus on the presumed majority of the president’s 10 AM to 4 pm, Monday-to-Friday workday during which he is not frozen, wandering aimlessly, mumbling incoherently, or blanking out. I understand that preference, but it is unseemly, and depending on next steps, may be unconstitutional, for a government official, speaking from the White House, to seek to chill free speech.

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Free Speech at Risk: UN Pushes for Global “Hate Speech” Eradication

In a statement issued on the occasion of the “International Day for Countering Hate Speech,” UN Secretary-General Antonio Guterres called for the global eradication of so-called “hate speech,” which he described as inherently toxic and entirely intolerable.

The issue of censoring “hate speech” stirs significant controversy, primarily due to the nebulous and subjective nature of its definition. At the heart of the debate is a profound concern: whoever defines what constitutes hate speech essentially holds the power to determine the limits of free expression.

This power, wielded without stringent checks and balances, leads to excessive censorship and suppression of dissenting voices, which is antithetical to the principles of a democratic society.

Guterres highlighted the historic and ongoing damage caused by hate speech, citing devastating examples such as Nazi Germany, Rwanda, and Bosnia to suggest that speech leads to violence and even crimes against humanity.

“Hate speech is a marker of discrimination, abuse, violence, conflict, and even crimes against humanity. We have time and again seen this play out from Nazi Germany to Rwanda, Bosnia and beyond. There is no acceptable level of hate speech; we must all work to eradicate it completely,” Guterres said.

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House Probes NewsGuard’s ‘Fact-checking’ Operations, Citing Federal Funding

NewsGuard, a “fact-checking” firm that provides “journalist-produced ratings and ‘Nutrition Labels’ for thousands of news and information websites” to advertisers hoping to steer clear of sites that publish “misinformation,” is under congressional scrutiny for its practices.

Rep. James Comer (R-Ky.), chairman of the U.S. House of Representatives Committee on Oversight and Accountability, last week launched an investigation into the fact-checking firm, a recipient of federal funding.

The probe will examine “the impact of NewsGuard on protected First Amendment speech and its potential to serve as a non-transparent agent of censorship campaigns,” the committee said.

In a letter to NewsGuard co-CEOs Steven Brill and Gordon Crovitz, Comer highlighted federal funding NewsGuard received “and possible actions being taken to suppress accurate information.”

The letter also questions the potential political bias of NewsGuard’s editorial team.

OD) in 2021 awarded a contract to NewsGuard. The contract raises questions about the involvement of federal agencies in potential censorship campaigns, according to Comer’s letter.

The $749,387 contract was directed to NewsGuard’s “Misinformation Fingerprints” database. According to NewsGuard, the database is “a catalogue of known hoaxes, falsehoods and misinformation narratives that are spreading online.”

The DOD funding led The Federalist, in a November 2023 article, to report that “NewsGuard is selling its government-funded censorship tool to private companies.”

Also in November 2023, Lee Fang, one of the journalists involved with the “Twitter Files” release called NewsGuard a “surrogate the Feds pay to keep watch on the Internet and be a judge of the truth.”

Although not mentioned in Comer’s letter, other federal agencies also provided support to NewsGuard.

For example, an August 2020 NewsGuard press release states the firm won a “Pentagon-State Department contest for detecting COVID-19 misinformation and disinformation.”

The contest, known as the Countering Disinformation Challenge, sought “to offer solutions to hoaxes related to the COVID-19 pandemic” by helping the U.S. Department of State and the DOD “evaluate disinformation narrative themes in near real time” and to flag “hoaxes, narratives, and sources of disinformation as they emerge.”

NewsGuard, which received $25,000 as part of the contest, worked with the State Department’s Global Engagement Center “to scope and develop a test in support of the DoD’s Cyber National Mission Force.’’

According to a March 2023 “Twitter Files” release, Twitter — now known as X — worked with the Global Engagement Center to brand numerous accounts that posted “legitimate and accurate COVID-19 updates” but which “attacked” U.S. and European politicians as “Russia-linked.”

In December 2023, the State of Texas, The Daily Wire, The Federalist and the New Civil Liberties Alliance sued the State Department, alleging it was using and promoting technology intended to “covertly suppress speech of a segment of the American press.”

In May, a federal judge rejected the State Department’s efforts to dismiss the case.

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