On 10/21/23 12:01 PM, ScottW wrote:
On Saturday, October 21, 2023 at 7:42:25 AM UTC-7, mINE109 wrote:
On 10/20/23 8:56 PM, ScottW wrote:
The Biden WH and a few other fed agencies were found to have violated
the first amendment. They appealed and SCOTUS will hear the case.
Sadly, SCOTUS also stayed the lower courts injunction against the
Biden WH etc.
Oh well.....June 2024 is the expected date for the final ruling. Joe
can go into the books as the first president found to be in violation
of the 1st amendment. Really excellent campaign material.
Yes, "WH appeal advances to SCOTUS" is some terrible news for Biden.
A SCOTUS ruling against Biden
https://www.supremecourt.gov/opinions/23pdf/23a243_7l48.pdf
"The application for stay presented to JUSTICE ALITO and by him referred
to the Court is granted. The preliminary injunction issued on July 4,
2023, by the United States District Court for the Western District of Louisiana, case No. 3:22–cv–01213, as modified by the United States
Court of Appeals for the Fifth Circuit on October 3, 2023, case No.
23–30445, is stayed. The application for stay is also treated as a
petition for a writ of certiorari, and the petition is granted on the
questions presented in the application. The stay shall terminate upon
the sending down of the judgment of this Court."
That looks more like a ruling for Biden.
https://www.scotusblog.com/2023/10/justices-allow-federal-government-continued-communication-over-social-media-content-moderation/
"In a filing on Oct. 5, the Biden administration once again urged the
justices to put Doughty’s order on hold and suggested that the justices
could fast-track the case for briefing and oral argument on the merits. Prelogar stressed that the court of appeals had not cited any “precedent
for its conclusion that when private companies choose to request or
follow advice from the government, the companies thereby become state
actors” whose conduct could violate the First Amendment."
Better pause there so it can sink in.
"And even if it is true that, as the court of appeals contended, social
media companies changed their moderation policies or removed content in response to agencies like CISA, Prelogar explained, that would still not transform “the platforms’ private decisions into state action because it would not demonstrate that CISA offered the type of positive incentives
that overwhelm a party’s independent judgment.”"
You're familiar with the counterargument that follows.
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