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Justice Ketanji Brown Jackson raises eyebrows with comment that First Amendment “hamstrings” government
WFIN ^ | 03 19 2024 | Staff

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


TOPICS: News/Current Events
KEYWORDS: 1stamendment; firstamendment; kentanjibrownjackson; kentanjijackson; ketanji
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To: yesthatjallen

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.


41 posted on 03/19/2024 8:36:18 AM PDT by Moorings
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To: yesthatjallen

Wow, talk about flashing your a$$...Conlaw 101 is required of every first-year law student.


42 posted on 03/19/2024 8:37:06 AM PDT by jagusafr ( )
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To: yesthatjallen

George Washington led the effort to hamstring the British Empire.


43 posted on 03/19/2024 8:40:01 AM PDT by HereInTheHeartland (Have you seen Joe Biden's picture on a milk carton?)
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To: yesthatjallen; All
Thank you for referencing that article yesthatjallen.

"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.

Kudos to freeper MarkTwain for noting this law.

44 posted on 03/19/2024 8:42:08 AM PDT by Amendment10
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To: yesthatjallen

Rebellion on the horizon. Damn right the first amendment hampers government......thank God who gave us our rights.


45 posted on 03/19/2024 8:43:37 AM PDT by kenmcg (ti hi o)
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To: Daveinyork
The Bill of Rights was designed specifically to hamstring government.

The Bill of Rights was an afterthought to the elites who met secretly in Philadelphia to draft the U.S. Constitution. It was passed largely to appease the Anti-Federalists who feared the federal government would become to powerful and would violate citizens' rights. History has proved that the Anti-Federalists were correct since the federal judiciary has historically taken a restrictive view of the the Bill of Rights, engaging in "balancing tests" of such rights against "rights" of the government, and even when individuals have such rights, declaring various government actors have "immunity" from suit for violations of constitutional rights. Citizens having rights with no recourse for the their violation is de facto to have no rights at all.
46 posted on 03/19/2024 8:44:21 AM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: yesthatjallen

She is in so over her head. She will be embarrassing herself and the democrats for years to come.


47 posted on 03/19/2024 8:46:59 AM PDT by McGavin999 ( A sense of humor is a sign of intelligence, leftists have no sense of humor, therefore……)
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To: yesthatjallen

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.


48 posted on 03/19/2024 8:50:39 AM PDT by DPMD (ua)
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To: Red Badger
Where did she get her law degree? A box of oatmeal?.......

No, a law school accredited by the American Bar Association which holds a monopoly on American law schools. ABA law schools teach sophism, not law.
49 posted on 03/19/2024 8:51:09 AM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: yesthatjallen

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?


50 posted on 03/19/2024 8:52:15 AM PDT by PsechsySr
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To: yesthatjallen
She completely ignored that government has many many ways to broadcast their message. Even the emergency broadcast alert system.

If people choose to ignore it, that is their right. They may also broadcast an alternate opinion.

51 posted on 03/19/2024 9:04:42 AM PDT by TornadoAlley3 ( I'm Proud To Be An Okie From Muskogee)
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To: Moorings

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.


52 posted on 03/19/2024 9:06:00 AM PDT by hinckley buzzard ( Resist the narrative. )
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To: yesthatjallen

Another STUPID Inner City Low Life wjo is ruining our country!


53 posted on 03/19/2024 9:20:12 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: Red Badger

How dare you slander oatmeal.

Shame on you.


54 posted on 03/19/2024 9:22:27 AM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s²)
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To: DoodleBob

I hate oatmeal.................


55 posted on 03/19/2024 9:26:26 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: PGalt

NimArata (I want to know your real name) Randhawa.


56 posted on 03/19/2024 9:35:04 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: yesthatjallen

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.


57 posted on 03/19/2024 10:23:52 AM PDT by vpintheak (Sometimes you’re the windshield, sometimes you’re the bug. )
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To: yesthatjallen

We will Defend the First Amendment with the Second.


58 posted on 03/19/2024 10:43:39 AM PDT by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
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To: Red Badger
Where did she get her law degree? A box of oatmeal?..................

She don't need no book learnin', she's black and a woman, and that's all her "Massa" Biden requires!

59 posted on 03/19/2024 1:22:00 PM PDT by The Sons of Liberty (Joe couldn't spell cat if you spotted him the 'C' and the 'A'.)
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