5th Circuit finds Biden White House, CDC violated First Amendment

submitted by penelopepnortneyBecome ungovernable from (archive.md)

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[–]FreedomUltd 4 insightful - 1 fun4 insightful - 0 fun5 insightful - 1 fun -  (2 children)

That whole "1st amendmendment doesnt protect you from corporations" narrative excusing attacks on freedom of expression has always been suspect on so many levels.

It has so many hallmarks of blueanon talking points, including conflating free speech with the 1st amendment as if they are the same thing. And of course pimping the idea that corporate censorship (and censorship in general) are somehow good things.

It was never believable as something real people would think of and decide to preach. It always reeked of DNC propaganda. Sadly DNC propaganda is routinely regurgitated mindlessly by blueanon NPCs.

Now we know that whole narrative was cover not only for assaults on free speech, but for actual government violations of the 1st amendment, all along.

The whole narrative was always bullshit in every possible way.

[–]penelopepnortneyBecome ungovernable[S] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (1 child)

It's hypocritical as well because it's "bad" when it happens to someone they like and agree with but "good" when it's against someone they dislike or disagree with. Unfortunately, they're too stupid to realize that they and their idols could eventually be the targets and that it will be too late by then if they don't speak up against it now.

[–]FreedomUltd 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

Yeah. More hallmarks... hypocritical, herd cheering for and participation in attacks on their own rights, blindness to the fact that it will be used on them.

[–]3andfro 6 insightful - 1 fun6 insightful - 0 fun7 insightful - 1 fun -  (0 children)

Relevant:

Vinay Prasad urges resistance to COVID lunacy: Do not report COVID19 test results to school or work| Do not test adults or test if sick | Resist https://www.youtube.com/watch?v=ZIk7lbSJz9o&ab_channel=VinayPrasadMDMPH

Key points:

If you or your kids are sick, stay home. Don't use "mediocre quality" tests [edit to clarify: that's all C19 tests]. Don't give out information that will only be used for illegitimate purposes. Don't put masks on children. No benefit has been shown for a virus that will stay with us. "That's nonviolent resistance for a public health apparatus that is not following evidence-based medicine."

[–]3andfro 9 insightful - 1 fun9 insightful - 0 fun10 insightful - 1 fun -  (0 children)

Sometimes the judicial system works as it should. Not often enough, but sometimes.

[–]FThumbStay thirsty, my friends 7 insightful - 1 fun7 insightful - 0 fun8 insightful - 1 fun -  (0 children)

Beat me to it!

[–]penelopepnortneyBecome ungovernable[S] 7 insightful - 1 fun7 insightful - 0 fun8 insightful - 1 fun -  (0 children)

Excerpt (note, the language in this Washington Post piece is blander than the actual court decision reads):

The 5th Circuit U.S. Court of Appeals on Friday ruled that the Biden White House, top government health officials and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on covid-19 and elections.

The judges wrote that the White House likely “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” They also found the White House “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”

Background: the case was heard by the District Court for the Western District of Louisiana, which found for the plaintiffs:

Specifically, the Plaintiffs are (1) Jayanta Bhattacharya and Martin Kulldorff, two epidemiologists who co-wrote the Great Barrington Declaration, an article criticizing COVID-19 lockdowns; (2) Jill Hines, an activist who spearheaded “Reopen Louisiana”; (3) Aaron Kheriaty, a psychiatrist who opposed lockdowns and vaccine mandates; (4) Jim Hoft, the owner of the Gateway Pundit, a once-deplatformed news site; and (5) Missouri and Louisiana, who assert their sovereign and quasi-sovereign interests in protecting their citizens and the free flow of information.

The government appealed that decision to the Fifth Circuit Court of Appeals, which issued its decision today:

The district court agreed with the Plaintiffs and granted preliminary injunctive relief. In reaching that decision, it reviewed the conduct of several federal offices, but only enjoined the White House, the Surgeon General, the CDC, the FBI, the National Institute of Allergy and Infectious Diseases (NIAID), the Cybersecurity and Infrastructure Security Agency (CISA), and the Department of State. We briefly review—per the district court’s order and the record—those officials’ conduct.

The appeals court disagreed with the district court that NIAID, CISA and State Dept. had likely violated the plaintiffs' first amendment rights and excluded them from the modified injunction against coercing, etc. a platform’s content-moderation decisions.

(edits for clarification)