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That is not what the court order means. Whoever wrote that write-up is either incapable of understanding what the court order says, or is intentionally mischaracterizing it. Read the order for yourself (link provided above). It doesn't mean the plaintiff's case was proven. It means the court believes the defendants have sufficient claim to facts pertaining to the issue of the case that they should be deposed (to gather facts/evidence for the court case).Americans worried about the government conspiring with social media companies to censor their speech aren’t conspiracy theorists. It’s been proven.
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So, once the judge ordered expedited discovery, the government shenanigans began.
The government (Defendants in this case) started filing motions to stop people from being deposed, and in other cases to delay it due to circumstances they outline that are inane and ridiculous. I will detail these in this thread, because I feel like a deep dive follow of this case is something everyone needs.
Then, they filed a mandamus in the appellate court to stop the depositions altogether. The Plaintiffs (MO and LA) consented to a SHORT delay in deposition, bringing them to early Dec.
That wasn’t good enough, of course, so the Defendants filed a motion to stay the depositions and outline all of their nonsense reasons why they would be IRREPARABLY harmed by having to expedite their depositions. They also claimed that the appellate court may rule that the parties won’t have to sit for deposition at all, and that some of the material is privileged- all of which the judge had ALREADY addressed.
Judges don’t like that. Today, the judge ruled on their request.
He ruled that their request for a stay was DENIED, which means that no matter what happens in the appellate court, they must sit for these depositions, because as the judge so eloquently writes, the HARM they are causing to Americans far supersedes any of their nonsense excuses. I am about to do a run down on this 7 page order now, so you have the sauce, but that is a summary.
MOST. IMPORTANT. CASE. IN. DECADES for Free speech and government overreach. Keep reading.
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A federal appeals court on Friday upheld key parts of a preliminary injunction against federal interference with content moderation on social media platforms. A three-judge panel of the U.S. Court of Appeals for the 5th Circuit unanimously agreed that the White House, Surgeon General Vivek Murthy, the Centers for Disease Control and Prevention (CDC), and the FBI had "coerced" or "significantly encouraged" the platforms, "in violation of the First Amendment," to suppress speech that federal officials viewed as dangerously inaccurate or misleading. But the 5th Circuit also said the injunction that U.S. District Judge Terry Doughty issued in July was excessively broad and covered too many agencies.
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The 5th Circuit agreed that the White House, Murthy's office, the FBI, and the CDC were appropriate targets of Doughty's injunction. But it found that Doughty had erred by including the State Department, the National Institute of Allergy and Infectious Diseases (NIAID), and the the Cybersecurity and Infrastructure Security Agency (CISA).
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... The Fifth Circuit gave Judge Doughty's order a serious haircut but left its essence in place. Still unsatisfied, the Solicitor General obtained a further stay from the Supreme Court.
All in all, several hundred pages of legal talk about the US government's right to call on social media to suppress speech.
As a public service, Cybertoonz has reduced the entire controversy to four panels.
... the panel is now reconsidering (thanks to Howard Bashman [How Appealing] for the pointer), though who knows whether this will be a major change or only a minor one. Note that the petition that the panel just granted was filed by the challengers (Missouri et al.), and argues that the panel erred in finding no First Amendment violation by the Cybersecurity and Infrastructure Security Agency and the State Department's Global Engagement Center.
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On Friday, the U.S. Supreme Court stayed a preliminary injunction aimed at preventing federal officials from unconstitutionally interfering with content moderation decisions by social media platforms. At the same time, the Court agreed to decide the merits of the case, Murthy v. Missouri, during its current term. The stay will remain in place until the justices resolve that case, so the Biden administration meanwhile is free to resume contacts with social media companies that a federal judge and the U.S. Court of Appeals for the 5th Circuit concluded were probably inconsistent with the First Amendment.
Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, objected to the Court's "unreasoned" stay, saying the government had failed to show that it would suffer "irreparable harm" if the 5th Circuit's injunction remained in place while the case was pending. "Government censorship of private speech is antithetical to our democratic form of government, and therefore today's decision is highly disturbing," Alito wrote. "Despite the Government's conspicuous failure to establish a threat of irreparable harm, the majority stays the injunction and thus allows the defendants to persist in committing the type of First Amendment violations that the lower courts identified."
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More (long):
SCOTUS will decide when the government's social media meddling violates the First Amendment
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.reason.com
The Supreme Court should clarify standards for determining if the government permissibly advised or convinced social media companies to censor content from 2020 to 2022, or impermissibly coerced or threatened sites in violation of the First Amendment, the Electronic Frontier Foundation (EFF) said in a brief filed today
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