Twenty-two states and the District of Columbia are asking the Supreme Court to uphold the Biden administration's partnership with big tech companies to censor online speech.
Simply put, the state I have written The Fifth Circuit erred in finding that federal content moderation could be “coerced or substantially encouraged,” in violation of the First Amendment. By blocking the government from participating in these activities, the states argue that the court “significantly limited the federal government's significant role in participating in the marketplace of ideas.”
“This would undermine, rather than protect, robust debate on issues of vital public importance,” the states argued.
Also the secretaries of state of eight states: Arizona, Colorado, Connecticut, Maine, Minnesota, New Mexico, Oregon, and Vermont. It has been submitted Their own brief asks the Supreme Court to reverse the Fifth Circuit's decision. (Related: Left-wing groups ask Supreme Court to force Biden administration to continue working with big tech companies on censorship)
They said that communications between officials and platforms during the 2020 and 2022 election seasons had “substantially ended” ahead of the “important and contested 2024 election season,” thereby “relating to elections and voting.” “This increases the risk of dangerous and even illegal falsehoods being spread.” It will continue to spread without stopping. ”
“The First Amendment does not require states to sit back and watch as misinformation about their work or state laws spreads online,” the officials wrote. “On the contrary, to counter the proliferation of election misinformation, officials like court officials here and in other states have made investments to combat this misinformation.”
They argued that government agencies can “try to correct false speech,” adding that “the most effective way to do so is to stop its spread.”
WASHINGTON DC – JANUARY 31: A man walks on the steps of the US Supreme Court on January 31, 2017 in Washington, DC. (Photo by Mark Wilson/Getty Images)
Colorado Democratic Secretary of State Jenna Griswold also signed the brief. corroborated The Colorado Supreme Court has ruled to exclude former President Donald Trump from the state's ballot. Similarly, Maine Secretary of State Shena Bellows, a Democrat, ruled on Dec. 28 that Trump was ineligible to appear on the state's ballot, prompting an appeal in state court on Tuesday.
New York Attorney General Letitia James is leading briefs from 22 states.
Several states that signed the brief have recently had their speech-restricting laws struck down in court as violations of the First Amendment.
A federal judge blocked enforcement of New York City's online hate speech law last year. Required Social media companies must “maintain mechanisms for reporting hateful behavior” on their platforms.2nd Circuit to hear oral arguments in New York state bring the action A verdict will be issued in early 2024.
Last year, a judge also blocked a California law that would have allowed reprimands for doctors who shared “misinformation” about COVID-19, which the state later upheld. abolished.
The Supreme Court ruled last year that the Colorado Anti-Discrimination Act (CADA) cannot force Christian web designer Laurie Smith to create a custom wedding website for same-sex couples in violation of her religious beliefs. handed down a judgment.
U.S. District Judge Terry Doty initially found that the Republican attorneys general of Louisiana and Missouri had “presented evidence of extensive efforts by defendants from the White House to the federal government” to ensure that the Biden administration censored speech. issued an injunction preventing it from communicating with social media companies. Government agencies suppress speech based on its content. ” Doughty called the government's censorship efforts “Orwellian.”
Internal government documents revealed in attorney general's lawsuit revealed Numerous instances of censorship, including the Cybersecurity and Infrastructure Security Agency (CISA) promoting “switchboards” that allowed state and local election officials to flag false information for removal during the 2020 election. was there.
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