Tuesday, July 04, 2023

This is the dominant American public occurrence today

 

    The order came in a lawsuit filed by the attorneys general of Missouri and Louisiana, who claim the administration is trying to silence its critics.

    I saw this earlier, read the article--and am not sure what to make of it (I am sorry to say).

A federal judge in Louisiana on Tuesday restricted the Biden administration from communicating with social media platforms about broad swaths of content online, a ruling that could curtail efforts to combat false and misleading narratives about the coronavirus pandemic and other issues.

The order, which could have significant First Amendment implications, is a major development in a fierce legal fight over the boundaries and limits of speech online.

It was a victory for Republicans who have often accused social media sites like Facebook, Twitter and YouTube of disproportionately taking down right-leaning content, sometimes in collaboration with government. Democrats say the platforms have failed to adequately police misinformation and hateful speech, leading to dangerous outcomes, including violence.

In the ruling, Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana said that parts of the government, including the Department of Health and Human Services and the Federal Bureau of Investigation, could not talk to social media companies for “the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.”

I see a problem with the word "containing." Let's say a post threatens to kill Democrats but includes, "I hope everybody votes Republican." That is obviously protected speech. But it is contained like a poison pill in a post advocating political mass murder. Can the Feds not urge, encourage, pressure or induce Blogger to take it down?

In granting a preliminary injunction, Judge Doughty said that the agencies could not flag specific posts to the social media platforms or request reports about their efforts to take down content. The ruling said that the government could still notify the platforms about posts detailing crimes, national security threats or foreign attempts to influence elections.

Okay, so what's the problem?

“If the allegations made by plaintiffs are true, the present case arguably involves the most massive attack against free speech in United States’ history,” the judge said. “The plaintiffs are likely to succeed on the merits in establishing that the government has used its power to silence the opposition.”

That sounds a little too fevered coming from a neutral judge.

...

The ruling on Tuesday, in a lawsuit brought by the attorneys general of Louisiana and Missouri, is likely to be appealed by the Biden administration...