Posted on 03/19/2024 7:57:03 AM PDT by yesthatjallen
In a debate Monday at the Supreme Court challenging the Biden administration’s alleged coordination with Big Tech to censor certain messages, one justice raised eyebrows in her comments about the government’s relationship with the First Amendment.
The case stems from a lawsuit brought by Republican-led states Missouri and Louisiana that accused high-ranking government officials of working with giant social media companies “under the guise of combating misinformation” that ultimately led to censoring speech on topics that included Hunter Biden’s laptop, COVID-19 origins and the efficacy of face masks — which the states argued was a First Amendment violation.
In nearly two hours of oral arguments, the justices debated whether the Biden administration crossed the constitutional line, and whether its outreach efforts with private companies amounted to permissible persuasion or encouragement versus illegal coercion or threats of retaliation.
“It’s got these big clubs available to it, and so it’s treating Facebook and these other platforms like their subordinates,” Justice Samuel Alito said. But Justice Ketanji Brown Jackson took a different approach.
“Your view has the First Amendment hamstringing the federal government in significant ways in the most important time periods,” she told the lawyer representing Louisiana, Missouri and private plaintiffs.
“The government actually has a duty to take steps to protect the citizens of this country… by encouraging or even pressuring platforms to take down harmful information,” she said.
SNIP
I am not a lawyer (and I don’t play one on FreeRepublic), but I would think that a Supreme Court justice would want the government to operate within the boundaries of the constitution. She sounds like the constitution and the first amendment are an obstacle that needs to be removed, so that the government can do what they want.
Wow, talk about flashing your a$$...Conlaw 101 is required of every first-year law student.
George Washington led the effort to hamstring the British Empire.
"KBJ doubles down: “My biggest concern is that your view has the First Amendment hamstringing the government in significant ways.”"
FR: Never Accept the Premise of Your Opponent’s Argument
Yes, government actors have Bill of Rights protections too.
However, I wouldn't be surprised if KJB is unaware of (blatantly ignoring?) the 14th Amendment (14A)-supported federal law that penalizes government actors who weaponize state or federal government powers to abridge the constitutionally enumerated protections of their political enemies to silence them.
The Biden Administration is wrongly not only not enforcing this law imo, but allegedly violating it too imo, evidenced by J6 patriots in jail.
Excerpted from 14A:
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
18 U.S. Code § 242 - Deprivation of rights under color of law:
"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." --18 U.S. Code § 242 - Deprivation of rights under color of law
Kudos to freeper MarkTwain for noting this law.
Rebellion on the horizon. Damn right the first amendment hampers government......thank God who gave us our rights.
She is in so over her head. She will be embarrassing herself and the democrats for years to come.
Some stupid people at least have enough sense to keep their yaps shut. Some people...
Es mejor parecer tonto y cerrar la boca que abrirla y sacar la duda.
What do you expect from a Black Woman, whose only qualification for the job was being a Black Woman...and who was unable to define what a woman was?
If people choose to ignore it, that is their right. They may also broadcast an alternate opinion.
That is exactly the way most liberals view the constitution most of the time. They generally resent it and seek to neutralize it whenever they can.
Another STUPID Inner City Low Life wjo is ruining our country!
How dare you slander oatmeal.
Shame on you.
I hate oatmeal.................
NimArata (I want to know your real name) Randhawa.
Pinkos do not believe our rights are inalienable, endowed by our Creator. They absolutely believe all rights are given by governments; which turns the whole thing on its head.
Government is a necessary evil and should be restricted to the point of death to those seeking to expand it.
We will Defend the First Amendment with the Second.
She don't need no book learnin', she's black and a woman, and that's all her "Massa" Biden requires!
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