You may have heard already, but the US District Court of Appeals, 5th Circuit in Louisiana ruled in the People favor setting a precedent that is a long time coming, and especially so for those of us that were affected by this blatant attempt by the Biden Administration, the CDC, and the FBI to infringe on our rights to free speech. You see, free speech, as promulgated by our Constitution, is the law of the land and just because one thinks they are justified, doesn’t make it so.
I encourage you to read the ruling for yourself. It’s a 74 page ruling, and full of very interesting information, most of which citations of precedent justifying the ruling, but it is a lesson for all of us not only in law and how judges form their decisions, but a lesson in just how many times Free Speech has been tread upon. The only shame is this behavior was allowed to continue, but this is our system.
There were 10 provisions set upon by the Plaintiffs, but only one (No: 6) was put forth albeit modified to read as follows:
"Defendants, and their employees and agents, shall take no actions, formal or informal, directly or indirectly, to coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech. That includes, but is not limited to, compelling the platforms to act, such as by intimating that some form of punishment will follow a failure to comply with any request, or supervising, directing, or otherwise meaningfully controlling the social-media companies’ decision-making processes.
The ruling goes on:
Under the modified injunction, the enjoined Defendants cannot coerce or significantly encourage a platform’s content-moderation decisions. Such conduct includes threats of adverse consequences—even if those threats are not verbalized and never materialize—so long as a reasonable person would construe a government’s message as alluding to some form of punishment. That, of course, is informed by context (e.g., persistent pressure, perceived or actual ability to make good on a threat). The government cannot subject the platforms to legal, regulatory, or economic consequences (beyond reputational harms) if they do not comply with a given request. See Bantam Books, 372 U.S. at 68; Okwedy, 333 F.3d at 344. The enjoined Defendants also cannot supervise a platform’s content moderation decisions or directly involve themselves in the decision itself. Social-media platforms’ content-moderation decisions must be theirs and theirs alone. See Blum, 457 U.S. at 1008. This approach captures illicit conduct, regardless of its form.
And the final paragraph:
The district court’s judgment is AFFIRMED with respect to the White House, the Surgeon General, the CDC, and the FBI, and REVERSED as to all other officials. The preliminary injunction is VACATED except for prohibition number six, which is MODIFIED as set forth herein. The Appellants’ motion for a stay pending appeal is DENIED as moot. The Appellants’ request to extend the administrative stay for ten days following the date hereof pending an application to the Supreme Court of the United States is GRANTED, and the matter is STAYED.
To sum up, the Biden Administration and those other’s listed as officials in its modified form cannot dictate with impunity what other’s say on social media platforms as long as it isn’t illegal. The end.
Who is the President that violates our Constitutional rights? Right.
While we all need to stay vigilant in this climate of ‘viruses as terrorists’ this victory feels really good. The idea that state officials can decide what is misinformation and what is not is a scary thing and many of these private companies like Twitter have specific Public Health Misinformation Policies, but as many of us realize, medical policies and ‘standard of care’ are themselves ‘misinformation’. What IS medical truth? Who gets to say what interventions work and don’t work? Science left the building a loooong time ago (with Elvis I’m pretty sure) and top-down policies as rigid as they were presented during COVID have no place in a free society, public health or not. As a health practitioner myself, I help many with herbs and other tools that work, interventions that would never even cross the minds of these health officials. Many of the tools I use are considered folk cures, anecdotal, out-dated nonsense snake oil voodoo BS. (bc there is no money in it) I LOVE that herbs are finally getting a seat at the table in health freedom circles and I get to work with these doctors and researchers, many of whom already know and use herbs themselves.
At any rate, it’s a beautiful thing when the system works. It’s a good day to celebrate.
~Sara
Sara Woods Kender
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