Did Free Speech Die With A Whimper in Latest Supreme Court Ruling?


The old try and true “We don’t have standing.” With the ruling by the Supreme court yesterday, we hear once again that the points raised are serious issues but….

The same excuse was used time after time in many of the court challenges with the concerns over voting fraud. The use exceeds our expectations.

This time Supreme Alito pipes up with this from the Daily Caller:

‘Blatantly Unconstitutional’: Justice Alito Writes Blistering Dissent In Biden Admin Censorship Case

Justice Samuel Alito excoriated the Supreme Court majority for “shirk[ing]” its duty to restrain the government’s coercive censorship efforts in “one of the most important free speech cases” to reach the high court in years.

The Supreme Court on Wednesday sided 6-3 with the Biden administration in Murthy v. Missouri, finding that two states and five individual plaintiffs lacked standing to seek an injunction against the government’s wide-ranging efforts to suppress speech online.

The case concerned the federal government requesting social media companies such as Facebook and Twitter remove certain content related to COVID-19 and other hot-button issues; many of the posts that were censored were factual, and critics argued the Biden administration attempted to censor conservative viewpoints

In his dissent, Alito, who was joined by Justices Neil Gorsuch and Clarence Thomas, argued that the majority’s decision “permits the successful campaign of coercion in this case to stand as an attractive model for future officials who want to control what the people say, hear, and think.”

Alito continues….“Their communications with Facebook were virtual demands,” he wrote, pointing to the White House’s many requests to remove “misinformation” related to COVID-19. “And Facebook’s quavering responses to those demands show that it felt a strong need to yield.”

“Facebook’s responses resembled that of a subservient entity determined to stay in the good graces of a powerful taskmaster,” Alito wrote. “When criticized, Facebook representatives whimpered that they ‘thought we were doing a better job’ but promised to do more going forward…And when denounced as ‘killing people,’ Facebook responded by expressing a desire to ‘work together collaboratively’ with its accuser.”

Read more

One can only wonder whether the Supremes are going “wobbly.” Is the constant pressure being put upon them starting to takes its toll?

This is the big one. And the statements that the issue can be revisited with a “proper challenger” is small comfort. Especially now as we conclude this election cycle.

One can only feel concern as we wait for the Trump case regarding immunity.

The very best of the swamp.

24 Responses to “Did Free Speech Die With A Whimper in Latest Supreme Court Ruling?”

  1. geeez2014 Says:

    IMMUNITY …that one scares me…. If they say there is little immunity, will presidents do polling to see what they should do if an enemy country attacks us? Etc etc etc

    Re the Free Speech you discuss here………I have no words. Stunning. Total government censorship is now the law of the land?

    Liked by 1 person

    • bunkerville Says:

      We saw what happens in Canada with people getting locked up…same as in France among others…Good luck America….We will have a triple play when the beaurcrats run the show with the Chevron case ruling if it comes to pass in their favor

      Like

  2. Baysider Says:

    Yes.  Maybe the worst ruling since Roe v. Wade.  Such a slam dunk.  I was appalled.  And yes, it’s shattering.  I called it chicken sh*t over at Z’s.  Levin is right.  

    No standing?  We ALL had standing in this one. 

    And yes, Bunk, to damnable Chevron Deference.  So many nicks to the end of the Republic, but THAT was a biggy.  Plus what NW said.  Free speech has been on its deathbed, and clearly so since the era of “we are for free speech, just not hate speech.” But this gives carte blanche to authoritarian controls with an official pronouncement.  

    Agree with Mustang about Sotomayor and Jackson having NO place on SCOTUS.  Not so Kegan.  Yes, she’s a rabid leftie.  She does not follow the constitution.  But she has the chops to do the job … if only she would.  The other 2 –  no way.  Roberts too.  He was an evident politician since about the 2nd case he was on.  Bunk I did not know that about your post on Kavanaugh from 2018. 😤 😤 😤  

    I liked Levin’s decision to put SCOTUS in middle America.  That is why the Von Mises Institute is OUT of DC.  They moved to Alabama.

    Like

    • bunkerville Says:

      All. the reports regarding the investigation on Foster are/were available including phone calls. I spent several months reading everything involved…Kavanaugh headed up the investigation. There is not one single solitary question in my mind that there was a coverup…and Kavanaugh was in on it……. I did a dozen or so posts… at first I was a fan and hopeful of him… and then the crash.

      If you want primary documents this link gets you off to a good start: Source FBI Coverup

      Like

      • Baysider Says:

        I saved your link on Kavanaugh to read later. I was acutely aware there was a coverup of a likely murder. Just didn’t know Kavanaugh helped carry the water for it.

        Like

  3. The Night Wind Says:

    Free speech died a long time ago. It started in the 90s when we looked the other way at ‘speech codes’ being imposed in government-funded institutions, then to the War on Terror where we conditioned speech on ‘National Security’ grounds, then to the repeal of the Smith-Mundt Act which kept Deep State spooks out of the media, the persecution of Assange and other whistleblowers, then to suppression of discussions about the Scamdemic and of the current Palestine conflict. This went alongside repealing laws against Media consolidation, so now the same interests who run the government also run the media.

    Liked by 1 person

  4. Mustang Says:

    If one believes the words written above the main entrance of the Supreme Court Building, then equal justice under the law is the ultimate responsibility of the United States Supreme Court.  It is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. But is there any equal justice under the law? 

    It’s important to note that the U. S. Constitution is not a set of federal laws.  No one can be charged for violating any part of the Constitution. Instead, it serves as a bedrock of principles over which the laws of the United States are built, guiding and shaping the legal landscape.  This is why the “solemn oath” to support and defend the Constitution of the United States has no purpose beyond mere form to shape the seriousness of an official appointment or commission in the government of the United States.  No person has ever been charged, arraigned, or convicted for failing to abide by their oath of office. This is why government officials regularly violate the Constitution.

    It is also true that the Constitution of the United States says what the Supreme Court of the United States says that it says — full stop.  There are a few more truths.  The final arbiter of the law is the High Court; no one has standing before the court unless the court says they do.  The High Court is a federal department of the United States government. The government pays their salary, pension, and all benefits.  For whom does the High Court work?  Follow the money.

    Justice Barrett wrote the majority opinion: “The plaintiffs, two States, and five social-media users, sued dozens of Executive Branch officials and agencies, alleging that they pressured the platforms to suppress protected speech in violation of the First Amendment. The Fifth Circuit agreed, concluding that the officials’ communications rendered them responsible for the private platforms’ moderation decisions.  It then affirmed a sweeping preliminary injunction.”

    Barrett continued, “The Fifth Circuit was wrong to do so. To establish standing, the plaintiffs must demonstrate a substantial risk that, in the near future, they will suffer an injury that is traceable to a Government defendant and redressable by the injunction they seek.  Because no plaintiff has carried that burden, none has standing to seek a preliminary injunction.”

    It is disturbing that the High Court did not seek to clarify the essential differences between misinformation and disinformation in preparing its ruling.  Misinformation is the unintentional sharing of incorrect information.  In the Marines, we would say, “passing bum scoop.”  Disinformation, on the other hand, is knowingly and intentionally providing false information to mislead others.  Given what we know about the oath of office, we might say disinformation is lying under oath — but given the court’s role as a primary agent of the federal government, that would be a stretch.

    At no time did the court address another critical issue: has the White House, Attorney General, Secretary of Health and Human Services, Surgeon General of the United States, or Directors of the Centers for Disease Control ever unlawfully, intentionally, or with malice, provided disinformation to the people of the United States vis-à-vis COVID-19 or any federal election where it was alleged that foreign sources changed the outcome of a general or special election inside the United States?

    The United States has now entered a long one-way-only corridor where every branch of the federal government (the institutions that supposedly provide the glue that binds American society) is politicized, despoiled by affirmative action, and stigmatized by educational attenuation.  Barrett, Kavanaugh, Roberts, Sotomayor, Jackson, and Kegan have no legal bona fides for serving on the Supreme Court — and none of them “well and faithfully discharge the duties” of their high offices.

    Liked by 1 person

    • bunkerville Says:

      Barrett writing the opinion was the most disturbing to me…and we are staring down the barrel of the Chevron case which is the Granddaddy of them all… we lose that one, which will mean agencies not congress rule us… ominous..and you did a yeoman’s job -(Hope a Marine does not take offense!) of analysis…

      No doubt they will do the same to Trump’s immunity…send it back down to the lower courts…that is if we get lucky.

      Mark Levin -comment by AOW– said it all as well.

      They say Kavanaugh pushed for all these big cases to come forward this year…and most know how I feel about him..I think I know why (IMO)

      I have done dozens of posts… this one stick out for me.

      Supreme candidate Kavanaugh, from the deep state, led murdered Vince Foster coverup

      This is the only time in history thatan Independent Counsel was ordered to include

      evidence of a cover-up by his own investigators in his own Report

      Like

  5. Always On Watch Says:

    The first part of this is worth listening to:

    Liked by 1 person

  6. markone1blog Says:

    No, they only slit the throat of free speech until after anyone like Trump appears behind a lectern.

    By the way, I dare anyone to take a drink every time Joe says “convicted felon” tonight.

    Liked by 1 person

  7. peter3nj Says:

    Do not go gentle into that good night, Old age should burn and rave at close of day; Rage, rage against the dying of the light. Dylan Thomas

    Is this country going gently into that good night? As you look around do you sense a nation raging at the dying of light or a split nation half of which celebrates a party seemingly by its very actions dedicated to turning out the lights…for good.

    Liked by 1 person

  8. Did Free Speech Die With A Whimper in Latest Supreme Court Ruling? — Der Friedensstifter Says:

    […] Did Free Speech Die With A Whimper in Latest Supreme Court Ruling? […]

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