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VOICE ARCHIVE

Mark Joseph Stern

@mjs_dc
30 posts
2024-07-02
The Supreme Court's second decision is NetChoice. Justice Kagan's complicated opinion for the court remands both cases to the appeals courts for the proper analysis of a First Amendment facial challenge, which, she says, they flunked the first time. https://www.supremecourt.gov/ ...
2024-07-02 View on X
CBS News

SCOTUS orders lower courts to take another look at Texas' and Florida's social media laws, saying neither lower court conducted proper analysis of 1A challenges

The First Amendment was written in the 18th century … The Hill : Morning Report — Is a Trump election interference trial off the table? CCIA : Supreme Court Issues Ruling in CCIA, ...

I would deem the NetChoice decision a significant, albeit incomplete, victory for the social platforms, and a loss for Florida and Texas; perhaps the biggest winners are the platforms' lawyers, who get to continue litigating these cases in the lower courts and billing for it.
2024-07-02 View on X
CBS News

SCOTUS orders lower courts to take another look at Texas' and Florida's social media laws, saying neither lower court conducted proper analysis of 1A challenges

The First Amendment was written in the 18th century … The Hill : Morning Report — Is a Trump election interference trial off the table? CCIA : Supreme Court Issues Ruling in CCIA, ...

Kagan says social media platforms engage in protected speech when moderating content posted by third parties, and Texas' alleged interest in interfering with that practice amounts to the “suppression of free expression, and it is not valid” under the First Amendment. [image]
2024-07-02 View on X
CBS News

SCOTUS orders lower courts to take another look at Texas' and Florida's social media laws, saying neither lower court conducted proper analysis of 1A challenges

The First Amendment was written in the 18th century … The Hill : Morning Report — Is a Trump election interference trial off the table? CCIA : Supreme Court Issues Ruling in CCIA, ...

2024-06-27
Here is Barrett listing a bunch of mistakes that Trump Judge Terry Doughty made in his notorious July 4 opinion of last year banning millions of federal employees from “encouraging” social media companies to moderate any content. https://www.supremecourt.gov/ ... [image]
2024-06-27 View on X
Reuters

SCOTUS declines to impose limits on the way the Biden administration may communicate with social media platforms, overturning a lower court's 2023 decision

The Supreme Court's first decision of the day is Murthy v. Missouri, the social media “jawboning” case. By a 6-3 vote, the court holds that the plaintiffs lack standing. Big win for the Biden administration. Another loss for the 5th Circuit. https://www.supremecourt.gov/ ... [image]
2024-06-27 View on X
Reuters

SCOTUS declines to impose limits on the way the Biden administration may communicate with social media platforms, overturning a lower court's 2023 decision

Alito dissents, joined by Thomas and Gorsuch. He calls it “one of the most important free speech cases to reach this Court in years” and embraces the lower courts' claim that the Biden administration censored users of social media companies by promoting removal of disinformation.
2024-06-27 View on X
Reuters

SCOTUS declines to impose limits on the way the Biden administration may communicate with social media platforms, overturning a lower court's 2023 decision

Justice Barrett's opinion has sharp words for both the 5th Circuit and Trump Judge Terry Doughty, who imposed the original “sweeping” injunction. Barrett says many of Doughty's factual findings “unfortunately appear to be clearly erroneous.” https://www.supremecourt.gov/ ... [image]
2024-06-27 View on X
Reuters

SCOTUS declines to impose limits on the way the Biden administration may communicate with social media platforms, overturning a lower court's 2023 decision

2023-09-15
The Solicitor General has asked the Supreme Court for an emergency order halting the unprecedented and sweeping injunction that prohibits members of the Biden administration from communicating with social media companies: https://s3.documentcloud.org/ ...
2023-09-15 View on X
Bloomberg

SCOTUS pauses a lower court's order limiting the White House, FBI, and public health agencies from making social media requests, hours after the DOJ's request

Bloomberg :

I think SCOTUS will grant a stay because: 1. The Solicitor General's arguments are correct. 2. At least five justices want to rein in the 5th Circuit. 3. Roberts and Kavanaugh have zero respect for out-of-control Trump judge, Terry Doughty, who first issued the injunction.
2023-09-15 View on X
Bloomberg

SCOTUS pauses a lower court's order limiting the White House, FBI, and public health agencies from making social media requests, hours after the DOJ's request

Bloomberg :

2023-05-19
Well, the Supreme Court disposed of Twitter v. Taamneh in a commendably narrow way, applying basic principles of “aiding and abetting” liability to toss out these lawsuits, without making much (any?) new law. I'm for it. https://www.supremecourt.gov/ ... [image]
2023-05-19 View on X
Techdirt

A look at SCOTUS' rulings on Gonzalez v. Google and Twitter v. Taamneh and why explanations given for Section 230's existence could bode well for the Internet

Our long national wait for how the Supreme Court would rule regarding Section 230 is over, and the answer is... we need to keep waiting.

Oh my! Supreme Court's fourth decision of the day is in Twitter v. Taamneh. Thomas' unanimous opinion holds that the plaintiffs failed to state a claim that the social media companies aided and abetted terrorists. https://s3.documentcloud.org/ ...
2023-05-19 View on X
CNN

SCOTUS declines to address Section 230 protections in Gonzalez v. Google and shields Twitter from liability for terror-related content in Twitter v. Taamneh

Well, the Supreme Court disposed of Twitter v. Taamneh in a commendably narrow way, applying basic principles of “aiding and abetting” liability to toss out these lawsuits, without making much (any?) new law. I'm for it. https://www.supremecourt.gov/ ... [image]
2023-05-19 View on X
CNN

SCOTUS declines to address Section 230 protections in Gonzalez v. Google and shields Twitter from liability for terror-related content in Twitter v. Taamneh

Oh my! Supreme Court's fourth decision of the day is in Twitter v. Taamneh. Thomas' unanimous opinion holds that the plaintiffs failed to state a claim that the social media companies aided and abetted terrorists. https://s3.documentcloud.org/ ...
2023-05-19 View on X
Techdirt

A look at SCOTUS' rulings on Gonzalez v. Google and Twitter v. Taamneh and why explanations given for Section 230's existence could bode well for the Internet

Our long national wait for how the Supreme Court would rule regarding Section 230 is over, and the answer is... we need to keep waiting.

2022-05-12
If you are struggling to make sense of Republican judges upholding an assault on corporate speech that contradicts all their stated values, please consider this possibility! https://twitter.com/...
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …

If the 5th Circuit has its way, social media companies will be compelled to disseminate hateful speech from Neo-Nazis and the KKK, as well as medical misinformation and foreign disinformation, because they will no longer have a First Amendment right to editorial discretion.
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …

The 5th Circuit just reinstated Texas Republicans' ridiculous law prohibiting social media companies from “censoring” their users based on “viewpoint” and subjecting these companies' own speech to intrusive, ongoing government regulation. This is nuts. https://capitol.texas.gov/... https://twitter.com/...
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …

The Texas law flouts all known precedents regarding internet regulation and compelled speech. Frankly, the 5th Circuit's action today looks like Republican judges lashing out at social media companies for allegedly being too liberal—the exact purpose of this statute.
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …

The 5th Circuit is so desperate to punish Twitter for alleged anti-conservative bias that it has let Texas throw out the First Amendment and abolish social media companies' right to free speech and association. Absolutely wild stuff going on at this court.
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …

To be clear: There is literally no way any social media company could possibly comply with this law, which means that all of them will be hit with a flood of lawsuits if the 5th Circuit is not overruled soon. The only real solution is to cease operations in Texas indefinitely.
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …

Twelve years out from Citizens United, Republican judges and lawmakers have come together to crush the First Amendment rights of corporations that are deemed overly woke and unfriendly to conservatives. Incredible stuff.
2022-05-12 View on X
The Verge

A US appeals court rules 2-1 to let Texas enforce a social media law stopping Twitter, Facebook, and other services with 50M+ users from moderating content

A judge blocked a similar law in Florida on First Amendment grounds  —  The controversial Texas social media law HB 20 …