Federal Court Smacks Down Social Media Platform Censorship

It seems that the 1st Amendment DOES NOT include the right of large media platforms to censor based on viewpoint. The SELECTIVE BLOCKING OF NON-WOKE/CONSERVATIVE VIEWS IS NOT "OK" UNDER THE 1st AMENDMENT.

America is slowly, but surely , righting its ship.






Federal Court Hand Downs Major Ruling Against Facebook — Big Tech Has No ‘Freewheeling First Amendment Right to Censor’



Censorship on social media may finally come to an end thanks to a law in Texas that was upheld by a federal appeals court.

In Texas, Governor Greg Abbot signed a bill called HB 20 that stops social media platforms with more than 50 million monthly users from censoring or limiting users’ speech based on viewpoint expression.

The new law includes Google, Facebook and Twitter. Predictably, left-wing big tech companies aren’t happy about this Texas law as they are fighting back.

Federal Judge Andrew S. Oldham of the Fifth Circuit said the platforms argued for “a rather odd inversion of the First Amendment” that “buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.”

Republicans say this latest ruling is a major victory that may result in more free speech and the end of censorship on social media platforms. The ongoing legal battle could end up at the Supreme Court, which holds a conservative majority.












https://www.analyzingamerica.org/2022/09/669252/?utm_source=mcotr

The 1st amendment does not apply to anything but the federal government. No court has authority to change the Constitution.
As to the authority of Texas to pass such a law, they do have that authority, but only in the State of Texas.
 
I was reading that a different court of the same weight ruled the other way....we will see how the courts shake out but given that they fail me and the Constitution much/most of the time I dont have high hopes.

The 1st amendment does not apply to anything but the federal government.
 
This means I can come to your place of business and shout all I want about how you are a murderer and you can't do anything to stop me because it would violate my 1st amendment rights under this ruling.

He can. He doesn't need any constitution do so either. Most States already have laws about this. They have the authority to pass and enforce such laws.
 
Hmm.. You seem to not understand that the reason the higher court takes a case is because they will likely reverse it. No real reason to take the case if it is going to be upheld.

In 2021-2022, the 9th circuit had 3542 written rulings. 12 were overturned on appeal.

No court has authority to change the Constitution.
 
I can refuse entry into my business to anyone. Not the same as media platforms deciding they get top block political speech they do not like.

Actually, it is.
Media platforms can be sued for doing this, of course. NOTHING protects them from this activity.
You can also be sued for refusing entry into your business, and it may even violate a State law.

Texas has the authority to pass such a law in both cases.
 
THE 9th is the MOST REVERSED COURT, BY FAR.


Politifact fact-check: the Ninth Circuit is, in fact, the most reversed federal court of appeals


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https://excessofdemocracy.com/blog/...ct-the-most-reversed-federal-court-of-appeals

No court has authority to change the Constitution. The 1st amendment applies ONLY to the federal government.
 
Why do you get to refuse entry to anyone but other businesses can't?
They can.
Are you more equal than they are?
Buzzphrase.
A media platform is no different than a physical business.
Yes it is.
Can I stand outside your business and use a bullhorn to reach everyone in your business and tell them of all the crimes you are committing?
No. That probably violates city and State laws. Also, you can be sued.
Would any attempt to stop me be a violation of my first amendment rights?
No. Rights do not come from a piece of paper. You don't have '1st amendment rights'.
If I can stand outside then why can't I come into your business?
RQAA.
 
Now, the Stalinist social media platforms cannot hide behind the 1st amendment to forward political views via censorship

Because the 1st amendment does not apply to them.
like they did with the Hunter Biden Laptop story block...any data whatsoever disputing the COVID vac (etc.) and on and on.
They're just echoing the government propaganda.
They do not get to "pick sides" for censorship anymore...
Actually, they can, but they can be sued for it of they slander anyone.

No court has authority to change the Constitution.
 
Because the 1st amendment does not apply to them.

They're just echoing the government propaganda.

Actually, they can, but they can be sued for it of they slander anyone.

No court has authority to change the Constitution.

HERE IS THE RULING"



"Federal Judge Andrew S. Oldham of the Fifth Circuit said the platforms argued for “a rather odd inversion of the First Amendment” that “buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.”




“Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say,” Judge Oldham continued.

Texas Attorney General Ken Paxton responded, “I just secured a MASSIVE VICTORY for the Constitution & Free Speech in fed court: #BigTech CANNOT censor the political voices of ANY Texan!”

 
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HERE IS THE RULING"



"Federal Judge Andrew S. Oldham of the Fifth Circuit said the platforms argued for “a rather odd inversion of the First Amendment” that “buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.”




“Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say,” Judge Oldham continued.

Texas Attorney General Ken Paxton responded, “I just secured a MASSIVE VICTORY for the Constitution & Free Speech in fed court: #BigTech CANNOT censor the political voices of ANY Texan!”


There is no such thing as a '1st amendment right'. Rights do not come from a piece of paper.
The 1st amendment applies ONLY to the federal government. It does not apply to any private corporation.

Judge Oldham is correct here. There is no 'free speech right' given by the Constitution. The 1st amendment applies ONLY to the federal government, and prohibits it from passing any law that hinders free speech. That's it. That's all it does concerning free speech.
 
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