5th Circuit Rules Government Violated Speech Rights of Americans

We have been waiting for almost a month for the decision from the 5th Circuit Court of Appeals in this groundbreaking government censorship case. Its implications touch every single American citizen, and enormous precedent was set with this ruling. The following is a detailed analysis of the decision, and I hope that you will spend the time to read it.

The case, Missouri v. Biden, was filed last May by the states of Missouri and Louisiana, along with private plaintiffs, against numerous agencies in the federal government. Plaintiffs alleged that the government (including the FBI, White House, Surgeon General, and CISA, among many others) was forcing social media companies to censor speech by threat.

The Plaintiffs wanted a temporary injunction to STOP this activity as their case moved to trial. Judge Terry Doughty granted them expedited limited discovery and deposition to get the information they needed to prove a temporary injunction was warranted.

Of course, the government fought this the entire way but ultimately was widely unsuccessful. The information the plaintiffs received was absolutely mind-blowing. For certain, the government was coercing social media companies to censor—the discovery proved that beyond a shadow of a doubt.

So, quickly, what we are about to go through is the 5th circuit decision on whether or not to UPHOLD the ruling that Judge Doughty made barring the government agencies listed from the actions listed above in the 4 set screenshot or to REVERSE that ruling. It isn’t about the entire case—ONLY the temporary injunction.

Here is ABC’s headline and reporting on the Fifth Circuit’s opinion.

“Appeals court scales back order squelching Biden administration contact with social media platforms”

https://abcnews.go.com/Technology/wireStory/appeals-court-scales-back-order-squelching-biden-administration-103043331

“A federal appeals court Friday significantly whittled down a lower court’s order curbing Biden administration communications with social media companies over controversial content about COVID-19 and other issues.”

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

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