TEXAS LOSES COMPELLED SPEECH CASE BEFORE THE SUPREME COURT, WITH AN UNUSUAL MAJORITY
In simple terms if a newspaper printed a letter to the editor which defamed someone, then the newspaper was liable. Everyone knew the rule. But then came the internet, where libel came to have a life of its own.
This case is more interesting than Free Speech. Here you had the Republican state of Texas telling corporations they had to allow everyone to speak even if it was defamation or disinformation.
The key here is you had Texas Republicans telling major corporations Texas would now decide their moderation policies. What happened to small government?
This is a major shift in dogma for the Republicans and as we are seeing more and more corporations are pulling their PAC money from the most extreme Republicans.
YOU HAVE TO READ HOW THE OPINION CAME DOWN -
"In an unusual alignment the five justices in the majority were Chief Justice John Roberts, Stephen Breyer, Brett Kavanaugh, Amy Coney Barrett and Sonia Sotomayor.
Liberal Justice Elena Kagan was joined by conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch, who would have denied the request.
The Supreme Court order is a loss for Texas. The state argued that its law, HB 20, which prohibits large social media firms from blocking, banning or demoting posts or accounts, does not violate the First Amendment."
This decision is interesting for how liberal Justice Kagan joined the end abortion Justices, Thomas, Alito and Gorsuch.
It is also further evidence of the realignment of the Republican Party to go from hands off to regulating how you can conduct your business.
It has long been precedent you cannot compel speech. Associate Justice Kagan's decision to go against this long held precedent tells me she cares no more about precedent than those seeking to undo Roe v. Wade.
The great Trump has failed at every effort to start a new social media where defamation and disinformation would rule. He has failed.
So my question is, when the market place does not give these Republicans what they want, why are they turning to pass laws to compel the market place?
As I noted last week Florida lost a similar case before their federal court of appeals.
Again it is not lost on me Florida is now seeking to ban speech it finds objectionable, while Texas is demanding objectionable speech not be banned on social media.
The Republicans have clearly lost all respect for Freedom of Speech. Texas and Florida seek to ban objectionable books, while seeking to compel corporations to allow for the publication on their platforms objectionable discourse.
No comments:
Post a Comment