This is one of those judicial court rulings that needs to be bookmarked because the judicial panel outlines exactly what the Biden administration and Govt officials did, in their blatant violations of the First Amendment. [SEE pdf HERE]
The Fifth Circuit court of appeals outlines how the Biden administration totally violated the first amendment, by forcing and coercing social media and other organizations to ban speech, block opinion and censor information they determined was against their interests. Any time a progressive democrat claims their leadership would not destroy this nation, simply put the appellate court ruling back in front of their face and walk away.
The panel decision modified the injunction against federal officials to now read:
Defendants, and their employees and agents, shall take no actions, formal or informal, directly or indirectly, to coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech. That includes, but is not limited to, compelling the platforms to act, such as by intimating that some form of punishment will follow a failure to comply with any request, or supervising, directing, or otherwise meaningfully controlling the social-media companies’ decision-making processes.
At the government’s request, the Fifth Circuit stayed the order for 10 days to give the government time to petition for a writ of certiorari from the U.S. Supreme Court. Almost like bait, the Fifth Circuit is seemingly hoping the insufferable & ideological Lawfare operatives in the DOJ will take this decision higher.
SCOTUS would destroy the Biden administration on this constitutional issue. The evidence of what took place is overwhelming in support of the original court order against Biden, and the subsequent affirmation from the fifth circuit.
yes, but what is the REMEDY?
It’s a positive sign but the only remedy lies with us. A purge of the rot. They’ve weaponized the jury box. We’ve one man and one more shot at the ballot box.
too much to put on one man, and 4 more years of Trump would buy us some time, but thats it. the problem will remain.
Are you throwing in the towel and giving in to those who want to destroy you (us)?
Throw the glove, issue the challenge.
A Convention of the States is needed and DC needs to be leveled and moved to the middle of the country. Senators need to be picked by State Legislatures again. Time to restore the “Republic”.
A convention of the same states that locked down their populations, mandated masks & clot shots over a virus?
That’s insane.
I agree. I don’t trust these traitorous slimebags. A chance to destroy our constitution is what they want.
Be careful what you wish for. Democrats will bus in every operative they have to a convention of states and take it over. The media will call it “democracy in action”.
And since they are lawless, your cries of “that’s illegal, unconstitutional etc …” will be ignored.
All the laws and departments that are not included in the Constitution should be stripped from funding and power. Send everything back to the states. If a state has oil let them sell it to other states, same with food etc…
NO. NO.
No convention of states. It’s a back door to establish the Socialist States of America. I had read some years back that this “constitution” has already been written, it just needs a convention of the states.
I’ll look for it. Meantime, you can browse the Socialist Party’s goals for the US:
https://www.socialistpartyusa.net/constitution
The replacement constitution was written back in the 1930’s. FDR proposed the “Second Bill of Rights” in his 1944 State of the Union. People like Cass Sunstein (Mr. Samantha Power) have modified since then.
And of course, the original Bill of Rights will be gutted; 2,4,5,6 will be gone for sure.
State legislators are part of the problem.
WE, and all our unChristian behaviors, are the problem!!!
No Convention of States
Since the uniparty does not obey the existing constitution, their swamp associates would love that.
Oh, explicative no, that opens us up to the entire bill of rights and constitution being thrown out.
We are not the ones holding the power of office to implement these changes in many states at this time. If/when the official power is in the hands of people who uphold the BOR and constitution, then, and only then can this be addressed.
Mr. Scott: With all respect. None of the Amendments, 13, 14, 17, have benefitted WE the people. The malefactors knew what they wanted, deceit was in the air, and they succeeded. In fact, the 16th is a “Law That Never Was” as the ratification was corrupt to gain the position. The “fraud of the 16th Amendment ” Income Taxes, is just one of the so many reasons to not have a AV5, etc. This powerpoint was created by probably the most omnipotent Constitutional scholar ( Jag ) and more
the powerpoint was then built by a retired Coast Guard officer.
why is there always someone who responds like this when another points out there is more to do?
Thinking ahead and addressing reality is not giving up. I agree it is time for the MAGA nation to actively be part of the fight. We need President Trump without question. But we need to unify and strategize beyond one man in one branch of government.
As an example, many Trump supporters say there are millions of us, that we are 10’s of millions strong. Yet, PDJT’s campaign only brought in $9 million dollars in response to the last indictment. If every Trump supporter had donated $1.00, there would have been 10’s of millions of dollars in donations.
We need to recognize reality.
NEVER give up!
After Trump comes Kristi Noem.
I think GOPe is setting Noem up to de-endorse Trump when a Trump conviction comes.
A Trump “conviction” would likely result in a shooting civil war. God help us that we allowed the uniparty, Wall Street, K Street, and the Corporate media to do this to ourselves. I never imagined in my wildest imaginings that we would find ourselves ‘here’, but Ronald Regan did warn us only two generations ago.
Such a conviction would not directly lead to conflict, but the reaction, counter-reaction, counter-counter-reaction, and counter-counter-counter reaction would start the party.
However, once the urban power grids are destroyed, the government has lost. It’s only a matter of time. Two months later, we’re in a new America.
None of this will be pretty, but we’ve been destroying our Constitutional safeguards since 1903.
Eventually, the last block is pulled from the tower and it falls over, waiting for a rebuild with new rules.
We’ve been destroying the Constitution since Abe Lincoln took office…
When you speak of how this gov destroys our country, use the pronouns “They” and “Them.” WE never had a say in any of this!
And The International Bankers
Yes he did so many things that are and were contrary to the constitution. He supposedly did this to save the union. However it seems he ignored the needs, wants and rights of individual states and this was far removed from the slavery issue. He effectively ushered in the organic constitution and usurped our rights to USA inc. had to pay back all the bankers and of course interested parties/state such as Britain, Spain and France.
Until 1861 most commentators, North and South, took it for granted that states had a right to secede. This doctrine was even taught to the cadets at West Point, including almost all of the top military commanders on both sides of the conflict of the War between the states.
From the time of the founding there was a sharp political divide between those who advocated centralized governmental power and and those who supported decentralized governmental power.
Lincoln was not who most people believe he was.
Reagan gave millions of illegals amnesty and opened our borders. He was pro multinationals/globalists. I don’t understand why conservative worship him.
“I don’t understand why conservative worship him.”
We don’t. He was a good president. Only people of the left call us worshippers, because you people on the marxist left are worshippers.
For the record, I put Reagan behind Trump and Ike. There are no others worth spit.
The fact that it happened is true, but it’s not the whole story. Reagan was working with a democrat Congress and they shivved him in the back, as they are wont to do. They made a deal; Reagan would give them (I think it was around 3 million at the time) amnesty in exchange for a closed border. They got what they wanted, and then Tip O’Neill and the dems spit on him.
By the way, aside from Lincoln, Tip O’Neill is the only politician referenced in Star Trek. As I am fond of saying, everything in life eventually circles back to Star Trek (grin).
Unfortunately, Reagan trusted the Uniparty to strengthen immigration with the amnesty deal, but the U never did anything to strengthen immigration and illegal-immigration, then Bush-scum 1, Clinton, W-degenerate and Soetero precipitated the immigration-based collapse that Trump tried to stem, until the current invasion.
Bingo.
Ain’t happening.
Dear Lord, I pray not.
1 word and 1 letter – Schedule F
Wow! You are soooooo right. That really would fix things rather swiftly. Never really heard about that before. Fascinating. Thanks.
https://www.fedsmith.com/2021/04/14/schedule-f-what-does-its-repeal-mean-for-federal-employees-due-process-rights/
Schedule F needs to be implemented minutes after President Trump takes his hand off the Bible, along with a TON of executive orders that were signed by the Pinhead Resident.
No parties, no dances, no wasting of taxpayer money on nonsense…just boot every minion of the FJB regime to the curb and get to work.
I like it.
Schedule F = Flush the Swamp.
Exactly! A MAGA slate needs to be developed to replace all 535 members of Congress. This same needs to be done in many of the states.
I call the concept Slate 535. It can be financed with 100 million MAGA supporters donating $100 each to the cause. That’s a $10 billion war chest.
It’s too late for 2024. It needs to start before the 2026 election cycle.
Then watch DC freak out into total tyranny.
“It’s too late for 2024. It needs to start before the 2026 election cycle.”
wow. we all acknowledge 20 and 22 were stolen. and 24 is likely, too. but let’s plan for 26?
what s the definition of insanity?
Not insanity, but reality. A year is not enough.
For now, it’s stop the steal and defeat Democrats in 2024. All effort must be in that direction.
If you have listened to Trump….you obviously missed this! It’s not about another 4 year election! It’s about a failed and corrupt system that has been rigged against the American people. The system is the problem. There will always be another to step in and assume a position…in the system. But, if the system was dismantled…their power and control would be gone…thats what they use to have what they have. The system. And that includes the financial system….thats right! Hope everyone has been paying attention…because BIG THINGS are coming, it’s not going to be easy or pretty….and the establishment will fight it the whole way…..but nothing can stop what is coming! And finally…a court case coming…that they brought on and opened the door for….a man that has standing to bring forth irrefutable evidence of election fraud. On national tv? They think they are going to televise President DJT being convicted and maybe sent to jail…they have no idea that he is going to present election fraud. What do you really thing Jack Smith and the corrupt DOJ and Biden regime were looking for at Mara Lago? Something Trump took he wasn’t supposed to? Right…No….they were looking for anything he had that is evidence against them….he has seen itb all….knows what and how they have been doing what they have been doing, and he caught them in the act….this brings their house of cards down, including the J6 big lie insurrection which was actually a contrived cover up for the election theft! Buckle up folks…gonna get interesting!
Couldn’t agree more. Praying for Justice and wisdom.
You’ve got the road to the solution paved right there!
Prayer is needed by every one of us! Seek God’s knowledge, strength, and help.
Ask Him what words to say. Ask Him what to do. Ask Him! Seek Him!
He’s waiting on us to seek Him for help -to ask what we are to do to achieve His goals.
He will do miracles but He is not your magician. Pray for Him to show the ways for all to accomplish His Will!
Pray – it’s the MOST important factor before we do anything else at all – at anytime!
Spot on regarding MAL raid.
That evidence would have brought down the “house,” literally.
DJT kept saying in 2020 that “he caught them all.” He keeps saying “the best is yet to come.” It’s either a sick joke or he’s being serious and set a trap all along. He played rope a dope and made them think they got away with 2020 so we could see all the back stabbers and watch everyone expose who they really are? Maybe. Sun Tsu in The Art of War says “When you are strong, project weakness. When you are weak, project strength.”
Maybe Trump found the Nixon time capsule and secured it away from WH.
Excellent comment !! but it would have been so much easier to read if you broke it up into paragraphs in my opinion
Exactly! A MAGA slate needs to be developed to replace all 535 members of Congress. This same needs to be done in many of the states.
I call the concept Slate 535. It can be financed with 100 million MAGA supporters donating $100 each to the cause. That’s a $10 billion war chest.
It’s too late for 2024. It needs to start before the 2026 election cycle.
Then watch DC freak out into total tyranny.
Like it or not, society MUST turn back to God. THAT is the only solution!!!
Can’t purge the rot. The deep state/democrat axis owns the elections.
When enough of the citizenry realize that this was real criminal behavior identified by the courts, there will be increasing pressure to halt the censorship.
It’s not going to stop it everywhere. Most social media management likes the censorship of conservative ideas. But it may curtail the government pressure on the social media companies. So they’ll have to act on their own decisions.
I think you’re overly optimistic unless there are real legal/financial consequences against the government and social media. Wait, was that redundant? /s
Social media and cellular companies address the legality of these issues by obtaining our *consent* with every terms of service update. If you want to keep *using* a private platform then you agree to the rules, the way that platform is run.
So now we have the issue of “Jack’s Magic Coffee Shop” ie..GOVERNMENT interference in our Constitutional rights as American citizens. The way that works is government influences the consortium of companies that pulls out their advertising to make it financially impossible to operate a free platform.
Interesting. So how many NGO’s will the Deep State unleash now to obscure their own involvement in such matters? Or will a partisan Supreme Court uphold that emergency powers, alone, is justification for the illegitimate, unconstitutional acts of a tyrannical government?
I think the Courts are going to have to start riding herd on the DOJ/FBI by throwing out convictions and cases that are clear-cut 1A violations. Douglas Mackey, for example. If I was his lawyers, I would cite this ruling as reasons to have his conviction thrown out and name cleared.
This ruling helps Trump, too. Two of the cases against them (DC and GA) are clear cut examples of the government claiming he does not have 1A rights. The Courts can punish DOJ by simply throwing out cases. 5th Circuit oversees the Miami case, for example. They could take that whole documents case and just wipe it out. Invalidate the warrant, and throw the whole case out in its entirety.
Whether 5th Circuit realizes it or not, they are hot on the trail of understanding how the 2020 election was rigged. US Government employees conspired to suppress information critical of themselves in order to defeat Pres. Trump in the election.
5th Circuit is TX, LA, MS where the case was filed. I think this case was the one where the AG of LA pulled in TGP as a leading plantiff.
Miami is in FL. GA, FL & AL are 11th Circuit.
But, 11th Circuit has Thomas as overseeing Justice.
Thanks, I thought they had GA, but you get my point.
Absolutely
It is not enough to throw out the case in Miami. The prosecutors who brought it must be jailed for criminal contempt. Most of the prosecutors know their case has no legal merit, but the fight is the punishment.
Prosecutorial misconduct running amok in the FJB administration. They definitely should be charged with it, but won’t. It seems in the past 2 1/2 years that word ‘should’ has become a staple of my vocabulary.
Congress itself has engaged in prosecutorial misconduct. How do we remedy that?
Two impeachments and the Jan 6 committee are 3 glaring examples.
Similarly, Congress swamp creatures called for persecution by the public of officials and employees of a duly elected administration.
What they should be charged with is “malicious prosecution” and have their law license yanked. Part of this could be cured by doing away with the “grand jury” BS. Now they just say, “Well, the grand jury returned an indictment; so they found probable cause to go forward.” They use the grand jury as a cloak. Never mind that they may feed the grand jury totally trumped-up nonsense, omitted factual evidence, outright put “witnesses” before the grand jury that lie; all information of which the general public is not privy to.
Do away with grand juries/present your charges AND ALL EVIDENCE that you have to the defendant so they may do discovery, and let the chips fall where they may.
Tossing that case would send shock waves of destruction across the media landscape. And it would neuter Lawfare. Lawfare works, in part, based on the credible threat of phony charges being brought against companies that don’t obey.
If the courts really believe the US Government is actively working to attack our 1A rights, the courts have a remedy that does not require help or cooperation from the other branches. They can simply throw out cases the DOJ brings before them.
The Trump prosecutions have the same malicious intent as the 1A attacks.
AND file suit. Liable, slander, pain and suffering, loss of time
Prescient
Yeah, and once social media does that, without the umbrella of protection that is the Federal Government, the reversal of Rule 230 becomes a player. If “Social” media looses that protection it’ll be like throwing raw meat in a pool of sharks. Lawyers will make what’s happening to Trump look like childs play – except some of them will win big.
Good point.
I agree that most social media likes to censor conservatives. I believe that even if the fib hadn’t visited Zucks, he still would have quashed the Hunter laptop story. He injected $500,000,000 of his own money into the 2020 election with the sole purpose of getting FJB into the WH. He certainly wasn’t going to amplify a story that would have hurt his guy’s chances.
This is a point many people miss. The FBI was helping social media companies not just ordering them around.
I don’t know how to fix it, but the Constitutional workaround has become companies violating our rights (eg banks not allowing gun manufacturers to do business) on behalf of the Government. Too late to go back in time and tell the founders to include corporations in the Constitution. And no way to get it in there the way things are rigged today.
The answer is probably that companies that reach a % of GDP are automatically forced to break up.
The absolute worst thing that has happened to allow companies to violate our rights
was the “Citizens United” ruling.
We’ve witnessed what has happened since. The Supremes basically gave the green light to
Fascism that day.
Please could you explain whether the Colorado bakery should have had the right to refuse to bake a cake for a gay wedding? If so , then does it follow that banks have the right to refuse to service gun manufacturers? Do companies have the right to discriminate ? I am confused
There are a small number of cases in which the courts have ruled that the federal government cannot “deputize” private businesses to violate the people’s rights.
Dog walking moment:
(Actually, stuck out on 285 moment), but here goes:
Was thinking about Zuck, Jack from Twitter, Bezos, and Gates.
All of the above are vastly wealthy beyond their skillset. A degree of complicity
has occurred to all of the above to help them leapfrog everyone else in net worth.
Zuck made bank after “life log” was renamed. Jack made bank after playing footsie
with any and all things that supported the narrative, Bezos buys up the Washington
Post, and changes:nothing. It stayed as the propaganda outlet for the big boys. Gates
sorta, kinda borrows other people’s ideas, shafts them, makes bank. Something him
and Zuck share. But Gates, once bank has been achieved uses the funds to do projects
that are covered by the press as just the bestest, thing, ever!!
In Gates’s case, all of his bestest, things, ever are carrying on Daddy’s work. Which
is to depopulate the earth. Conveniently, the big boys and the WEF want precisely that.
So…… all of the above have enough wealth that it would be literally almost impossible
for them to spend it withing their lifetimes. All of the above continue to pile the wealth
on, with some setbacks. NONE of the above seem to ever get investigated from, say, the
SEC or any other regulatory agencies. That’s for the little schmuck.
But there’s a trade off on all of this. And the Globalists, Obama and Holder types have
this to hold over Zuck, Jack’s, Bezos, and Gate’s head.
Prior to the elections there was a visit made. Or not. Or a threat made, which basically
said: “You play by OUR rules, say what WE want you to say” or else.
Or else? The pile goes by, by. Gets squandered by endless investigations, charges, SEC
filings, stockholder lawsuits, and any other way the lawfare bunch seems fit to hurt
anyone.
Remember the picture of the dinner that Obama had with Zuck and all the big boys?
Sheryl Sandberg? I think the above scenario came into fruition about that time.
These folks are basically, educated mobsters. Mobsters use the same M.O. over and
over. Up to us to know what that is, and educate others.
Most social media is run by 3rd worlders accustomed to repressive regimes.
Of course they like repression.
the American people need to see the reality of the uniparty
until then, both the repubs and dems will succeed in their
divide of the voters by continuing the practice of playing
alternating roles of good cops and bad cops
I completely agree with you.
Sundance was way out in front of this and corrected my previous illusions.
Rush Limbaugh had originally reaffirmed some of my suspicions about many Congressional Republicans a decade ago. Still, Rush hadn’t figured out the depth and breadth of the GOP’s dark corruption (having infected
too many state and county governments) but Sundance did.
GB Bari, if there will ever be any justice in this matter, it will also include purging the local delegated gatekeepers on various social media platforms, and I mean, individuals in our local communities, who are complicit with the Biden Junta.
I will be specific:
https://www.newburyportnews.com/opinion/letters_to_the_editor/letter-amesbury-talks-founders-defend-facebook-page/article_e26f7800-36eb-11ee-a455-cbc74ad05682.html
These clowns do not permit participation in their forum and are a part of the ‘Party in Power’ locally.
One of the founders, Frank Czar, was soundly defeated when he ran for city council a few years ago, in part because his brusque moderation behavior.
Others pride themselves as being the ‘power’ behind the mayor, and one is a sitting city councilor.
The rot goes all the way down to the local level: they don’t need any cues from the fan belt inspectors -they do so voluntarily and with prejudice.
As I replied to Amjean just above, what you have observed is ***exactly*** what must be impressed upon a large number of people who want to vote for Trump, but who still don’t understand why he alone cannot fix the system – the corruption at state and local levels.
We still have work to do, to inform those with their eyes only half opened.
Every county in the country can indict the perps. State AG’s can indict. The facts would already be in evidence.
RICO on steroids.
That’s an interesting theory but consider the mechanics of how that works. If a county or small city sues the corrupt federal behemoth what resources does each party have backing them? The Fed has the power to print money; actually they simply declare it to exist, no need to buy ink and paper.
The county has nothing but the local taxpayers. What state and federal funding would be available for that struggle? IF the county could rely on an honest court at the local level to at least get the ball rolling, maybe a small jurisdiction can take on such a case. Otherwise there is no way and the local prosecutors know that they will be held personally liable for sanctions in a corrupt system.
There is an aspect to this that we need to ask about. Who is footing the bill for the corrupt lawfare taking place now. What back door mechanisms are used to funnel treason money to these witch hunters? What excuse for suckerbucks and soros geld is used to justify traitors funding government shills to commit treason?
I don’t say surrender, I’m just not sure that the stepping into the arena of the devil’s choosing is the winning strategy. We need to come at these lice sideways and remain unseen.
That is an insult to lice; and my mother taught school many years, so I remember those! Yuk!
Excellent questions!
Good idea!
stop paying taxes, followed by a great reset
The Left stopped paying taxes years ago and stopped work and nothing happened except 87k IRS Agents with guns to bleed the working Right.
A remedy would be for Douglas Mackey to be immediately released and all convictions against him vacated/expunged and his full 100% innocence declared by the courts.
He was convicted of “election interference” for publishing a meme mocking Hillary voters to vote-by-text. This is EXACTLY the kind of 1A thug intimidation that the 5th Circuit is talking about. The FBI and other government agencies were threatening companies if they did not comply. Then they throw a guy in prison for a @#$%ing meme just to make their point. “Don’t make us shoot you, too.”
If I was Mackey’s lawyer, this specific ruling would be cited in my appeal and I’d push it to SCOTUS as well.
For one, this is not only unconstitutional, it is against the law. Jen Psaki openly bragged that she was doing this. She needs to go to prison for it.
They will do it again until they get caught again. Yes what is to stop them. Congress, Republicans, I don’t think so.
We need a new alternative security service organized through the dormant Militia clauses in the Constitution, and we need Congress to create a new Art. III court system (much like the military courts) to handle the cases/arrests brought by the new security service.
The new security service answers to Congress and the 50 states, not Art. I.
Inject a Black Swan like this into the mix and you’ll see these all of these problems disappear (literally, “Nacht und Nebel”) in 18 months.
The remedy: DJT
I get what you mean; however, 1 person isn’t the answer. As Sundance said during the “lockdown’s”, they can jail 1 barber for opening their business, but they can’t jail 1,000+
Most people don’t get into the weeds of political stuff, they simply want to live and enjoy their lives. The Noem VP angle is a self-preservation move by the Uniparty. I don’t think they’d do impeachment 3.0; however, I think they’ll give PDJT a few wins and set-up Noem to George H. W. Bush us after PDJT leaves office.
That said, I’ll take a handicapped Trump over a Biden/Harris/Newsome/Scott/DeSantis any day.
Look how much Trump did during his first term even with no help from the Rino’s. I think he’ll do more to give us some breathing room as we continue to work on reducing the size of government.
It’s up to US to find 1,000’s of more Trump’s and Paxton’s to elect for local and state office – that’s how we take back our country.
If Trump somehow pulls this off, it will be all out war. Absolutely nothing will be allowed. And we will get George Floyd color revolution street riots x1000.
Trump talked about civil war in his Tucker interview. He knows what is coming.
For our part, we’re going to have to be the ones Trump reaches out to in order to staff his administration. People whose only charter is to find, fix, track, target, attack, and destroy the #resistance in the Federal government.
Last paragraph: Don’t many of the treepers qualify for those positions?
Yep. As do many elected sheriffs who could be called upon to take over the FBI, purge it, prosecute the traitors, and then shut it down.
I have always said any true American off the street would be better than the corrupt savages (politicians) in office now.
PDJT is going to have to purge government on levels we’ve never seen before in this country. Then, somehow, refill the tanks with MAGAs.
I hope Trump really gets this requirement at a gut level. He is going to have to do some things Presidents have never done before on a wide scale. The closest being Reagan an the Air Traffic Controllers. But that was a tiny group of people. Trump is going to have to remove potentially tens or hundreds of thousands of disloyal government bureaucrats.
Remove and NOT replace most. Hundreds of thousands of placeholders contributing nothing to the betterment of WTP.
Any replacements Senate doesn’t confirm simply put in another temporary for 199 days. All departments, agencies, IGs etc. Keep Senate in session four years straight.
Drastic problems demand drastic solutions. Who needs these Unicorns
Yes, a good number of departments could simply be pruned from the government with no adverse effects.
I suggest that every maga employer out there take note of who they are when the vermin come begging for work. They not only need to be purged from the government, they need to pay the price in society as a whole.
Trump had a plan for his second term called “Schedule F” do to exactly that, get rid of the partisan hacks inside the bureaucracies. I’ve read it could apply to 50,000 employees and as many a 20,000 would go.
I believe he has learned their treachery and will not waste time. He will be swift and ruthless. He clearly knows what is at stake, he is a lame duck, and he has nothing to lose.
Everyone knows Trump has no trouble saying, “You’re fired”. I only wish Anthony Fauci was still around to hear those words.
It is time for Donald Trump. No one else can or will do it.
because we know they will ignore anything issued from the courts if it’s contrary to their wishes.
Persevere and communicate. Listen carefully to their gripes.
True: recently met a new mature, accomplished businesswoman at a business dinner of 3 hours – her personal honesty is bringing her to red-pilled conclusions. I asked probing questions about her concern for her personal safety and that of her family. Talk one on one, and let them rant.
+1 for sure, and this is a powerful, well accomplished woman.
Good for you!!!
That’s the thing. Imagine if criminal justice courts went through an agonizingly long sequence of trials and appeals, and then concluded with, “Nope, you didn’t have a right to kill that person. Now get out of here and don’t do that anymore.”
It costs nothing to be a criminal, if you simply make the crime big enough.
See 42 U.S.C. Section 1983 allows for civil suits and damages when state actors deprive people of their civil rights.
Lawyers take these suits for free because under section 1988 of the act the court will award them their attorneys’ fees.
Seems to me each and every victim of the state’s action here has a viable claim for money damages against Joe Biden, et al all the way down the line. Doesn’t Fauci have millions?
Interesting take on a 1983 action. Not sure if it could be used in this context.
My understanding and ‘experience’ (many years ago) was that this civil remedy was typically used for false arrest, false imprisonment and/or malicious prosecution in criminal cases.
Would that work for the J6 prisoners or are they avoiding that possibility by calling the crimes something other than “criminal”?
Their cases would have to be formally overturned first, for sure.
In that event, then I believe they could proceed depending on the legal reasons their respective cases were overturned.
If so, the targets would be the arresting and supervisory LEO, possibly the agency itself, the prosecutors, and in some cases, the judges of it can be proven that the judges were in the conspiracy.
Possible civil RICO as well.
In a sane world with true and fair justice, criminal violations under 18 USC 241 & 242 (Conspiracy of Rights Under Color of Law & Deprivation of Rights Under Color of Law also).
For the agency itself to be sued, you would have to establish that the agency had an intentional policy to deprive the prisoners of their civil rights. This is very difficult to establish. It is better to sue all the LEO up and down the line all the way up to the elected officials by name, the individuals in their official capacity and as individuals.
There is also judicial immunity which is very difficult to circumvent, so the LEO, the jailers, the politicians, the administration are better defendants. You tap into the city or district’s money and insurance coverage if any of their employees are liable.
Or, is that a jurisdictional issue?
Yes, it can be used for any violation of civil rights that are prescribed by the U.S. Constitution or Bill of Rights.
All you need is 1) a violation of civil rights and 2) a state actor ( meaning a private company or person does not fall within this section , unless they are the agent of the state actor)
Here, you would sue the named parties Joe Biden and all the others by name. (You would also sue them in their individual capacities as well as in their official capacities so their personal fortunes would be at risk.)
Section 1983 is civil law. I have actually seen 1983 used more in the civil rights area than in the criminal area but criminal defendants and incarcerated criminals sue under this section for a wide variety of infringements on their rights including bad meals, bad health care, deprivation of religious rights, deprivation of freedom of speech, and so on as well as false arrest and false imprisonment.
The statute:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
I’m very familiar with it. Was a victim about 23 years ago – bad police.
The context you’re using above though would require some type of formally recognized wrong-doing imo.
For instance, to sue Fauci, a separate action (criminal will never happen) for fraud or wrongful death would have to be established before a class action on deprivation or rights could be pursued.
No contingent lawyer is gonna take a case that they don’t feel they can win or get a significant settlement out of.
No it doesn’t require that there first be formally recognized wrong-doing. You establish the deprivation of civil rights in the lawsuit for deprivation of civil rights. It’s one lawsuit. Of course, you could have other counts for RICO or whatever is appropriate.
42 U.S.C. 1983 is part of the Civil Rights Act of 1964 that was passed by President Lyndon B. Johnson and it forms the basis of lots of civil rights litigation in the employment field and elsewhere for violations of the civil rights in the areas of race, religion, etc. You are correct that it is also useful for criminal defendants whose constitutional rights were violated.
Ok. Going on your premise, what is the specific right that was violated without a recognized damage to causation?
For instance, if you are arrested but not convicted or nolle prosecution, you have to prove there was no probable cause for a Deprivation suit.
What is the predicate right that you would claim was violated? And by whom and how?
I do hold an ABA approved certificate (additional associate to existing bachelor) in Paralegal Studies and worked in this field for about 2 years, though it was over 20 years ago.
Right now, I just make the connection without a provable predicate.
Oh and these civil rights cases are not “contingent” cases. Civil rights cases are one of the few types of cases where the plaintiff’s attorneys are awarded their attorneys’ fees by the Federal Court under 42 U.S.C. 1988 if the case is proven. The idea is to encourage lawyers to take cases where civil rights are at issue.
Nice. Could it possibly work?
Yes, it actually works all the time if people bring these actions.
Who actually pays the penalty, the actual tyrants or Joe six-pack taxpayer?
The government pays and their insurance companies. If there is a verdict against an individual that individual pays.
But the government is made up of people and if people start getting named in lawsuits and seeing their own precious money could be at risk, or if their employer pays and their reputation is at risk, the people arguably are likely to stop bad behavior and certainly others will think carefully before following in their footsteps.
It is one way to end this.
Think it through.
This (government censorship) is not just taking place now, it was also taking place throughout the Trump Presidency (think FBI and Hunter Biden laptop story).
It’s the ENTIRE government. That government is a system.
Bill Barr provided a little insight into it earlier this year when he said “Trump as President would be a horror show”. He included.
“He does not have the ability for strategic thinking and linear thinking or setting priorities or how to get things done in the system.” Barr continued. “He will deliver chaos, and if anything lead to a backlash that will set his policies much further back than they otherwise would be.”
What is he saying? What would backlash? Certainly not computer systems. The people in the government would backlash.
The people in the government are the system. All of them. Nearly three million of them. Within the system are dependent and independent silos of individuals.
In other words, the only remedy is an entire system reset. That is all but impossible with the single exception of divine intervention. No one person can just walk in and overturn nearly three million employees that are the system.
Behind each of those people are laws and job processes tied to internal and external entities (industries, corporations, foreign countries, etc.). Think Department of Defense, Department of Energy, Department of Education, Department of countless others.
Overturning all of that would be next to impossible in a major corporation with tens of thousands of employees, without bankrupting it. But at the government level, forget it.
resistwemuch said it in short form. Of course, resistwemuch was maligned for noting the reality of the situation. And therefore labeled a quitter for throwing in the towel.
However, for those of us who have had the experience of making large changes in big corporations and understand the complexities involved, that type of chest thumping is very transparent and simplistic. Very indicative.
ZeroHedge has an interesting story that increases the scale to the corporate and global level.
https://www.zerohedge.com/geopolitical/new-authoritarian-agenda-revealed-globalism-rebranded
Of course there is even more to take into consideration in terms of the ways our government systems (people and processes) are intrinsically integrated with those external entities and others.
As I have stated before, get closer to God and prepare as best you can for what is coming.
In the meantime, if voting or trying to get involved make you feel better, give you hope, then do those things. But you damn well better pray and prepare yourself along the way.
Think it through.
This is not just taking place now, it was also taking place throughout the Trump Presidency (think FBI and Hunter Biden laptop story).
It’s the ENTIRE government. That government is a system.
Bill Barr provided a little insight into it earlier this year when he said “Trump as President would be a horror show”. He included.
“He does not have the ability for strategic thinking and linear thinking or setting priorities or how to get things done in the system.” Barr continued. “He will deliver chaos, and if anything lead to a backlash that will set his policies much further back than they otherwise would be.”
What is he saying? What would backlash? Certainly not computer systems. The people in the government would backlash.
The people in the government are the system. All of them. Nearly three million of them. Within the system are dependent and independent silos of individuals.
In other words, the only remedy is an entire system reset. That is all but impossible with the single exception of divine intervention. No one person can just walk in and overturn nearly three million employees that are the system.
Behind each of those people are laws and job processes tied to internal and external entities (industries, corporations, foreign countries, etc.). Think Department of Defense, Department of Energy, Department of Education, Department of countless others.
Overturning all of that would be next to impossible in a major corporation with tens of thousands of employees, without bankrupting it. But at the government level, forget it.
resistwemuch said it in short form. Of course, resistwemuch was maligned for noting the reality of the situation. And therefore labeled a quitter for throwing in the towel.
However, for those of us who have had the experience of making large changes in big corporations and understand the complexities involved, that type of chest thumping is very transparent and simplistic. Very indicative.
ZeroHedge has an interesting story that increases the scale to the corporate and global level.
https://www.zerohedge.com/geopolitical/new-authoritarian-agenda-revealed-globalism-rebranded
Of course there is even more to take into consideration in terms of the ways our government systems (people and processes) are intrinsically integrated with those external entities and others.
As I have stated before, get closer to God and prepare as best you can for what is coming.
In the meantime, if voting or trying to get involved make you feel better, give you hope, then do those things. But you damn well better pray and prepare yourself along the way.
If mass denial of First Amendment rights based on political “policy” is not fertile grounds for impeachment of Biden, then what is, Speaker McCarthy?
more collars
Individuals need to file criminal complaints with the federal prosecutors in their state against these government officials who censored them.
The remedy has always been there. The first amendment. They violated it. This decision now makes it difficult for them to do this again without major consequences. I will say this: The judicial
Branch is the last structure with cracks. Will it crumble too like the other two? It’s all up to the Supreme Court on so many levels. They will get many more cases including Trumps and many others. They will need a spine and back the constitution they sworn to protect. If they fail. It’s over. Nothing will matter and we might as well fight for enough piece of land and form a new nation. This is for all the marbles.
The remedy is a slap-down cease and desist to all social media platforms of accepting any coercive dictates by any government agency, or private entity for that matter, from continuing to violate the 1st Amendment of the US Constitution. The bar for monetary (compensatory) damages is a whole different threshold that I don’t know if any Plaintiff pled (admit I didn’t read the Complaint fully or remember what I did read in the Complaint). The new “hire” by Musk to run X is put on notice that she’s being watched, Faceplant Book is being put on notice. Advertisers on these platforms can either advertise OR NOT, but they cannot, in any way, shape or form, direct these platforms on throttling, suspending or canceling anyone.
My 2 cents.
The remedy would lie in an honest and morally upstanding Congress to remove, through impeachment. all federal individuals involved. Then to an honest and morally upstanding executive branch, in the form of the DOJ, bringing charges for election interference. The judicial branch is like the wind; their opinions are ever changing , shifting like the leaves on a tree, so don’t put much, if any, faith in it. That is why they are the least of the three branches, as intended.
The plaintiffs are a coalition or great Americans. I admire and appreciate them all so much.
At one time, this is the kind of case that might have been initiated by the NYT, like Pentagon Papers case.
It was initiated by Jim Hoft of TGP a solid pillar of the rebel alliance of “MAGA Media” that has risen up to surpasse MSM, in reach, influence and revenue in recent years.
but why did tgp get rid of their comment section?
They did not – still there at bottom of page.
Check your ad blocker. Certain ones (like Ghostery) block comments unless you allow them manually.
No they didn’t.
Nice try.
Try a different browser. The comment section is not there if you use Brave for example, but it’s there if you use Chrome.
Brave shield: lift when ya want to; replace when ya want. Effective.
How?
Okay, that’s great but what are the penalties for the government and the officials responsible? The court knows who these people are or they can easily find out.
Aren’t there consequences for such flagrant violations of the law!
“Aren’t there consequences for such flagrant violations of the law!”
I for one intend to doze off tonight thinking about being among those doling ’em out.
Stay safe sDee.
This was simply a ruling on the injunction, where the lower court told the government to stop interfering with social media platforms, and the government appealed that ruling; this decision is a loss for the government.
The main lawsuit against the government has yet to be decided
It would be interesting to see if some enterprising folks wanted to start a class action lawsuit claiming Bivens violations of their 1A and 4A rights and target specific Federal employees like Fauci who is cited in the 5th Circuit ruling as a specific bad actor who conspired to violate the civil rights of millions of people.
The best way to stop this sort of behavior, if the Courts really care about stopping it, would be to allow Bivens cases to be brought forward targeting specific current and former government employees who can be shown to have engaged in a broad-cased, well-documented/coordinated, conspiracy to deprive Americans of their 1A rights.
They’re not going to stop doing this just because of a flimsy piece of paper from some judge. The courts are going to have to let people punch government employees directly in the face using lawsuits instead of violence.
Can an employee of the government be sued for actions performed “in the line of duty?”
I know that a judge ruled the the fan belt inspector that killed Randy Weaver’s wife and son couldn’t be sued because he was on the job. I just don’t know if that ruling established a broad reaching precedent.
if you sue the govt you basically are suing yourself.
Doubtful that you could sue them in their individual capacity.
Interesting that city/county councils across America want to wear the cloak of immunity from their decisions as “board/council decisions,” but they’d like to take away that immunity from police officers.
It’s called a Bevins suit or something to that effect. Only three have been successful and none in the last 40 years.
I will take that as a small win and even entertain a faint notion of integrity in the cesspool we call Judicial.
Thank you Sundance for the insight into these patriots’ work.
Yeeee effin haw. finally some sanity breaks through this dark and dismal and corrupt government of ours. Keeping hope alive.
To me, the down side is that they limited the scope of their findings to issues of COVID and people’s responses to that whole chaotic period of controversy. There were so many more instances of inappropriate government intervention in free speech that amounted to coercive government directed instructions that it even made the former staff at Twitter uncomfortable despite their initial willingness. Further proceedings are needed to punish these people.
The initial case is still “ongoing” and covers ALL aspects of censorship.
The discovery phase is continueing, but there was enough evidence presented by plaintiffs, before discovery that the Judge issued a preliminary injunction, which Govt. appealed to 5th Circuit, which has affirmed, and now Govt has option of appealing to SCOTUS.
So, the case isn’t close to reaching the point of a final ruling, and judgement or “relief”, but already the plaintiffs (thats “our side”!) are ROYALLY KICKING ASS, and itsa safe bet WILL PREVAIL.
Put this, alongside the overturning of R v W, and elimination of Affirmative Action, and those here who continue to totally trash the Courts are frankly showing their ignorance.
Thank you for clearing this up for me. But being a confirmed skeptic, I’ll believe it when I see it!
Exactly!
While I agree that the overturning of Roe v. Wade is a Huge win for the American people, the Elimination of Affirmative Action will just be “tweaked” by the creatures that want to still use it. If there is no penalty put in place for violating the law, they just become “suggestions” for people to either adhere to or not.
The same is true of legislatures across the country that enact laws, that if violated, have no bite in them; “We said don’t do this or else we’ll tell you again not to do it, and again not to do it…”
Monetary damages or incarceration are bites that hurt
Yes like our elections for one!
This will (and already has) quickly expand to the FBI’s successful attempts to interfere in the 2020 election by suppressing true information about the Biden family’s criminal conduct and the crack whore’s laptop that was not, in fact, “Russian disinformation”.
The open question is whether the courts will start to allow the public to understand that the 2020 election was, indeed, rigged, using the same anti-1A acts used during COVID to suppress information critical of the regime and its favorited political candidates.
If the courts “allow” the public to understand the election was rigged, it will show the Supremes to be totally corrupt since they had multiple chances to intervene. How can they allow that to happen?
They’ll use the “we were duped” excuse.
The criminal lawfare operatives will appeal, not because, they are right , but because they are so corrupt, they disregard the Constitution as a matter of practice.
Speaking of criminal Lawfare, check out this jaw dropping overt threat from the evil goons at JustSecurity.org.
https://www.justsecurity.org/88068/a-letter-to-kenneth-chesebro-on-pleading-guilty/
Wow. Total psychological warfare tactic, no?
My first thought…DOJ agents. Spit
Thank you for sharing that jaw dropping (and coffee dropping this AM) article from just security.org. That sounds like defendant tampering to me – would love for Sundance to share his thoughts on their advice to have him plead guilty and go “visit” Jack Smith 🤬😡🤬. Blood pumping read and one that should keep us all in our toes and in this fight. What a bunch of bully’s and Lawfare hugging BS. Mr. Chesebro should use this THREAT against the govt and have the jurors and judgessee the painstaking effort Fanni and Jack are taking to flip all those they have entrapped.
Marcus A.R. Childress served as investigative council to the House Select Committee to investigate the January 6th Attack on the U.S. Capitol. (All the capitals are his. He is so concerned about Kenneth Chesebro’s liberty, isn’t he! SARC!!
Does the Childress to Chesebro letter pass the Second and Ninth Circuit’s FOUR FACTOR TEST? Word for word:
….honing in on whether the government intimated that some form of punishment will follow a failure to accede, we parse the speaker’s messages to assess the
(1) word choice and tone including the overall tenor of the parties’ relationship;
(2) the recipients’ perception;
(3) the presence of authority, which includes whether it is reasonable to fear retaliation; and
(4) whether the speaker refers to adverse consequences.
This is nexus test cited by the Fifth Circuit in ruling the for the defendants in the case that Sundance just posted. You decide.
I apologize for not making this clearer. The 5th Circuit Court case Sundance posted is about the defendants being denied their 1st Amendment rights by the Biden government and its agents working to squash their social media platform speech.
When the defendants were considered to be at odds with the Biden admin policies ,they were targeted.. Many Gov departments attempted and succeeded in denying them free speech rights. The government agencies constantly monitored, pressured and demanded the platforms do as they were told! And cited individuals whose speech was to be sanctioned or removed
This involved the Government’s #(1) word choice and tone, #(2) recipients’ perceptions, #(3 the presence of authority and whether it is reasonable to fear retaliation, and #(4) whether the speaker (Government) refers to adverse consequences.
After reading the letter sent by Leftist lawyer Childress to Mr. Chesebro telling him he should plead guilty, go to Jack Smith to tell him everything he knows, SO then he might not go to jail, I saw a direct connection to what the Government tried to do in the 1st Amendment case.
Their ulterior motives are OBVIOUS!
Just wow! Witness intimidation, coercion, threats of double jeopardy.
AND they put their name on it! 🤣🤣
“The Fifth Circuit court of appeals outlines how the Biden administration totally violated the first amendment, by forcing and coercing social media and other organizations to ban speech, block opinion and censor information they determined was against their interests.”
——–
Will there be serious and prohibitive personal punishments to act as a disincentive to future willful violations of the First Amendment (like executions for treason) — or merely strongly-worded rulings & letters that will continue to be ignored?
/rhetorical
Absolutely not. Perhaps a strongly worded letter or two. Nobody in the Biden administration is going to acknowledge and comply with this ruling. Who or what would make them? Certainly not the “Republican” House Speaker holding up the funding. Don’t get me wrong, I am pleased that some folks in the judicial branch are doing their duty but with no enforcement mechanism it’s just words. And I am not as confident about the SCROTUS as is SD. Roberts is not to be trusted, and neither is Kavanaugh.
I don’t think Sundance trusts them. I think there are just constructs so obviously unconstitutional that they dare not vote in opposition to them. This is one of those cases. They are not going to allow themselves to be painted unconstitutional.
Anderew Jackson defied the supreme court and got away wih it scott free.
Does that tell you anything?
So did Lincoln.
HOW DO DEMOCRATS COPE WITH STUFF LIKE THIS?
Robert F. Kennedy Jr. testifies at House hearing on Social Media
“The federal district court’s opinion was so flawed that the conservative Fifth Circuit Court of appeals reversed the ruling and vacated the preliminary injunction,” Wiley said.
Maya D. Wiley is an American lawyer, professor, and civil rights activist. Wiley served as counsel to New York City Mayor Bill de Blasio. She was an MSNBC legal analyst from August 2018 to January 2021. Wiley earned a Bachelor of Arts degree in psychology from Dartmouth College in 1986 and a Juris Doctor from Columbia Law School.
Listen to her, explicitly, three times, in no uncertain terms, say “vacated“: (@time = 2:13:54)
Vacated judgment
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court.
https://en.wikipedia.org/wiki/Vacated_judgment
The injunction was temporarily stayed pending the 5th Circuit Court’s review. How does Wiley, given her Ivy League degrees and work experience not know this and say it in front of Congress to the whole nation?
I had a huge row at work with Progressives over this. Not an actual row, but a mocking superior-than-thou lecture about how the 5th Circuit Court had thrown this case out. Of course they cited Wiley. I, like a good conservative, just stayed silent and listened. (sigh)
I wonder what work will be like tomorrow???
Shove it in their faces!
Thanks for posting the video link. Enlightening!
Technically, the Court “vacated” a large chunk of the previous injunction, but most importantly left one of the prohibitions intact and modified it to forbid any “coercion or significant encouragement” of censorship. And it “reversed” one part of the ruling, by finding that CISA, NIAID and State Dept were not proven to have engaged in coercion, but all the other defendants still did.
So she’s not lying straight up, but rather lying by omission for leaving out the VERY IMPORTANT part that not only was the ruling “vacated” and “reversed” *in part*, but also “affirmed” in the general thrust of its finding, and a (modified) injuction still stands.
… just to add, after watching the video – at least the portion that was queued up, she’s talking about the lower court injunction and saying it was too broad, and *in that context specifically*, she’s correct to refer to it as “vacated” (since the Circuit Court did agree that it was too broad, and vacated a bunch of it and modified the rest, and so the thing she’s complaining about is no longer in force – thus correct of her to point that out). But I’ll also say it may be misleading to viewers (like your workmates!) who don’t know the full story and think she’s saying that the ENTIRE injunction is vacated, which isn’t true.
It really was a joy to read this ruling;
smiled while reading the build-up to their final conclusion where these Judges clearly say that even though this lawsuit was not filed in a class-action format, the wrong-doing FJB’s crew (administration) has done clearly begs for class-action status! (at least, that’s how I saw it).
Oh please, lawfare hacks, take the bait, appeal to the Supreme Court, pretty please!
Hubris over rules rationality and the lefties at the DOJ are so assured of their own righteousness they won’t be able to resist proving it in court.
One small blow against fascism. in its incarnation as the Biden Reich and its thug Gestapo, the FBI.
why stay??? look like panel lost nerve!!
DoJ can petition for a writ of certiorari in any ccase regardless !
Pretty sure that it’s standard practice to stay a ruling for a short time to allow a party time to petition SCOTUS if the ask for it.
“SCOTUS would destroy the Biden administration on this constitutional issue. The evidence of what took place is overwhelming in support of the original court order against Biden, and the subsequent affirmation from the fifth circuit.”
Yes, if the SCOTUS followed the U.S. Constitution. We also thought they would overturn Obamacare and Roberts came up with some weasel argument to save it.
If the SCOTUS were to uphold the 5th Circuit ruling, what is the penalty against the Biden Administration? Do they get a sternly written letter from the SCOTUS for violating our rights? Ouch, that will hurt.
Sundance…I forgot to thank you for keeping us informed on these matters. My frustration is with our situation, not with you.
Now,how many users you think the feds may have gotten booted from platforms???
Is there a class action lawsuit over First Ammendment rights there? What kind of punitive damages would be suitable?
I believe the class would encompass thousands of inconvenient citizens who got erased on the say so of despots…
This is a class action suit that if resolved positively for the plaintiffs in the future will probably open the door to others.
Case is not over yet.
Can’t get the cart before the horse.
This will have little effect in reality. Most major social-media companies no longer need to be coerced or significantly encouraged by the government to suppress and censor information. They’re all in.
I just posted the same thought. Great minds and all that 😁
It looks like the plan is to route all of this through the EU, where it is actually NOW LEGAL for the government to tell these companies what to take down:
GLENN GREENWALD: EU and The Washington Post Escalate Their Censorship Campaign with a New Fraudulent “Disinformation Study” About Twitter and Russia.
https://rumble.com/v3ffei8-system-update-show-143.html
That is why Rumble had to leave France. If the companies don’t comply they either get massive fines or have to leave the EU.
POSSIBLE FUTURE SCENARIO: All US government requests get routed to the EU first and relayed back to the companies. So, maybe, in each company HQ, there is an “EU liaison and censorship office”, where the FBI & CIA also have “liaison” officers to relay the US government’s position, not to Google, Facebook, Tik Tok, Instagram, Twitter directly, but “confidentially” (ie classified) to the EU. This type of mechanism is how CA basically regulates the auto industry, because it is such a large market. If CA says all cars need to be 50 mpg then the whole nation must also go along.
It will be interesting to see what they come up with to explain why the EU would be interfering in US domestic politics, but this could be the next step. Trump wants to get the US of NATO, so they have to shield the EU population from hearing Trump. If MTG says climate change is a scam, the EU will say that its citizens can’t hear such messages, etc.
That is how they got around US eavesdropping prohibitions on American citizens in RussiaGate, the FBI and CIA just asked MI5/6 to do the actual tapping and then relay the information back to the agencies.
That would still be illegal (for the US govt to do via third parties is just as illegal as doing directly), but it might be a lot harder to prove.
Seems likely a favorable free speech outcome of the entire case won’t have much effect practically speaking.
Social media platforms by now know the narrative and won’t need any government influence to continue rocking on.
The Obama regime featuring guest host Joe Biden may appeal but any ruling that thwarts the Fundamental Transformation™
is always ignored. The rule of law and congressional oversight died with the Bill of Rights in 2009.
If I was Douglas Mackey’s attorney, I would immediately file an appeal citing this ruling. He was convicted for publishing a meme – A MEME – mocking voters to vote by text message.
The OBiden regime will ignore the 5th Circuit’s direction. They will just simply ignore it. The Court should not just issue a ruling, the Courts in general should start vacating convictions related to free speech activities – including Mackey and J6 political prisoners – and order their immediate release. It is not enough to say “Stop! Or I’ll say stop again!” as Robin Williams used to joke.
The Courts are going to have to start destroying the DOJ’s and FBI’s ability to pursue these kinds of totalitarian actions.
Our 1A rights are ABSOLUTE.
That ought to be enough to impeach and remove at least some of the key figures in this maladministration, and spur class-action lawsuits vs the social media companies.
The case ain’t over yet.
Final rulings are a long way off.
It’s just a temporary injunction.
If you start a class action you will be targeted by the alphabets. thats how things now work. sorry.
Sadly, no mention of Elon Musk’s legal filing against California’s attempt to make this type of government intervention legal in the state. I guess that runs counter to the “Elon Musk is no John Galt” narrative.
It reads exactly as the Fifth Circuit’s ruling in this case. X is fighting against government attempts to censor free speech on the platform. (Queue the wailing about X censoring speech itself).
https://storage.courtlistener.com/recap/gov.uscourts.caed.433955/gov.uscourts.caed.433955.1.0.pdf
Not really.
Elon already has Yaccarino to do that. He don’t need prying eyes to see direct government attempts to shadow ban when he already has it in house.
Nice try.
Yes, this is an excellent decision – too bad the Government has no respect for the Constitution and laws of the land.
It’s beyond Lawfare, it’s plain old tyranny.
that’s very nice of the fifth circuit but as we know by now, these communist Democrats will do an end run or just totally ignore it like they are with the Bruin Supreme Court case.
Keep in mind that the “Progressive” Left’s censorship isn’t as much about silencing conservative voices as it is about keeping their low info base from hearing them.
That old saying:
“Keep ‘em dumb & keep ‘em democrat”
…… didn’t get to be an old saying for nothing.
This is the same motive and mentality exhibited by slaveholders who wouldn’t allow their slaves to read, write or own books.
This is EVIL.
There is a fine line between coerce, significantly encourage and ask. I believe it should go as far as restrict government from formally or informally asking social media platforms to suppress or censure free speech.
I’m shocked that there’s even a Judge or court in this country that isn’t “woke” or bought by JoeBama! Gives me some hope that a small ember can re-ignite into a flame!!
What is the difference between a Nazis ,marxist communist, Facist and progressive democrat ?
Absolutely nothing as far as I am concerned.
They all strive to destroy our country and our rights given to Americans by the greatest political document, the US Constitution,ever written.
All in the interest of so called fairness and “EQUITY” .
Pardon me,I forgot, their main goal is to provide the masses they proclaim to bestow this gift of “EQUITY “ for a small price of enriching themselves at our expense.
Case in point the lowlife Senator named Bernie l never had a job until my late forties, Sanders.
They are all just slightly different forms of political cancer .
Sadly these deceptive scum are leading a herd of tumors on the body politic call American college grads just waiting to metastasize with their cancerous politically views.
This ruling if it stands will be treated like the State Of The Union speech given by Trump. Nancy Pelosi ripped it in half on national media. There were no repercussions. That was my moment, I realized they really do not care what we think, blatant out in the open., and what you going to do? Oh, by the way, she is running again at 83, sez we need “San Francisco values” Yikes! One more nugget from California, Diane Finestine, ya know, had a Chinese spy driving her around, was born in 1933. Adam Shiff will probably replace her. Double yikes!
Remember when our leftish friends a neighbors said things like “don’t trust anyone over 30?”.
Remember when they were for journalists shedding light on government operation, malfeasance and corruption?
Remember when they were against interfering in the internal affairs of sovereign states? Remember when they believed in the self determinations of native populations?
Remember when they had a deep distrust of the military, FBI and CIA?
Remember when the left defended the black panthers lawful open carry of firearms?
Remember when the ACLU defended the free speech of socially and politically odious groups?
The good old days. Maybe I dreamed it?
Now do New Mexico. I read the emergency statute and it requires a finding that the “emergency” exceeds the ability of a local government to control it. So that is an interesting variable to litigate in a state writ action while simultaneously litigating a federal 1983 action. Next, and this is compelling to me as someone who litigates these issues, she admits in her press conference that she doesn’t expect criminals to abide by this second amendment infringement. A reporter asks her if she actually expects that criminals will abide by her order and she quickly and unequivocally answers No. She therefore establishes her order in this regard as arbitrary and capricious. Any lawyer in the crowd should immediately recognize that her order cannot be maintained when she admits this. Such an order can only survive if it is rationally related to a legitimate governmental interest (lowest standard and a higher one such as “strict scrutiny” may in fact may apply, I would have to research it). Even at it’s lowest standard an order that is arbitrary and capricious is unconstitutional. This is compounded by a separation of powers argument. This act has so many problems. But for me all those who called us crazy, mean or conspiracy theorists who wanted old people to die during the Covid restrictions on our constitutional rights in the pursuit of “public health” can suck on it.
And yet nothing will happen no accountability no repercussions and they will just do it again.
What is the punishment?
This is really getting scary. Is there ANY portion of the US Constitution and Bill of Rights that the Uniparty and Deep State have ANY regard for?
No more right to worship as we please.
No more ability to say what we believe without consequence from government agencies
No more right to redress government for their overreaches
No real right to protect yourself or your family in most U.S. States
No right to a speedy trial or jury of your peers, as per J6 trials
I could go on with many more “No s” and you can too. This begs the question as to what is the value of the GOP leadership.
So when they violate or blatantly ignore the 5th circuit who is going to indict or prosecute them?
The DOJ has had numerous referrals from Congress sitting on their desk for months and years and nothing has happened, so why is this ruling any different.
Unless the Court can refer to a Red State AG and Red State Sheriff, I don’t see how any of these evil doers who blatantly break the law and our Constitutional rights will ever be held accountable.
Not so sure this is baiting … the DC Regime may have no choice but to go before the supreme court as this one smacks of curtailing real power.
Then again … name a single instance a democrat regime has ever been held accountable for violating a court decision over the past 3 years? When has the deep state aligned Executive Branch ever held a single democrat or uni-party member accountable over the past 15 years?
Which agency is responsible to hold violators accountable? Why it is the DoJ/FBI and Federal Courts.
This would also be a litmus test for the current supreme court on a case that does involve an element of Government Power near and dear to the uni-party core.
Bobby Kennedy thinking about running as an independent!
That would cook the goose!!
What would make the BK run as an independent so interesting is when PT get 75M votes and BK get 50M votes and yet JB still get 81M votes and wins.
How will they explain that to the American people where there is more votes than eligible voters or that 98% of ALL voters voted?
In my opinion, this is a good ruling for the “sorta” tainted court systems in this country. In my opinion, we the people need to start accepting the fact that Trump is ONE man. He is being persecuted. He is MAGA. He is strong, resolute, and determined…and Trump is the ONE person standing up. He is the revealer, the despised, hated. We, too, fall under this umbrella…but we are not standing up. We are comfy, protecting ourselves from the arrows, guarding our words, we keep thinking someone else is going to plow the field…that is not going to happen. Trump is standing in the gap. He is the standard barer. He saw the flag fall, he rushed towards it, and has been carrying it high since. I think Trump is a good driver of mules. Mules ponder things a lot more. Mules have a very strong feral instinct to protect themselves. I love horses, understand them, they are high strung, obedient to commands (mostly). In my opinion, we (MAGA) need to stop pushing responsibility to others. Our responsibility is to consider the truth, ponder and PULL against all odds because the “good” driver is carrying the standard. George Washington was gifted the first mule and that started a whole new era. Sundance’s articles on the mules started a whole new research project for me. Mules are awesome! Think I am going to buy one. Mules may be fearful, but they pull at full strength. We must not let our fears overtake our responsibilities, in my opinion.
Very well said, thank you for reminding of what is known. A good hard Clap
Dimmercrap=idiot or criminal.
Reading the excerpt Sundance quoted in his post, what I see is a court weaseling out of clearly defining the extent of the government’s control of speech outside of its constitutional boundaries in order to promote and allow only the government’s position to be disseminated.
Collar up boys and girls!
Hmmm, another reason for the communist/socialists/progressives/democrats to pack not just the Supreme Court but also all of the circuit courts of our nation. Thankfully we still have some judges who are not afraid of being cancelled. A job well done to the 5th Circuit Court, thank you.
“SCOTUS would destroy the Biden administration on this constitutional issue. ”
I wish I shared that optimism.
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I’ve read the complaint (kudos to excellent lawyering), the District Court decision, and this appellate decision which, while partially upholding the lower court, removed some agencies from the injunction and, in my opinion, substantially watered down its First Amendment analysis by pedantically citing to “four-point” analyses of the Second (NY) and Ninth (CA) Circuits, as well as a few other recent (and, I think, wrong, e.g. the Elizabeth Warren/Amazon case) court decisions.
Bottom line for me is that -NO- government official under the auspices of that office (versus as a private citizen) should be permitted even to attempt to “persuade”, let alone “coerce” any person (individual or entity) to affect their speech.
Much was made in the appellate ruling of whether the government official had “authority” over the person they were attempting to persuade or coerce. Wrong in my book. The court appeared to think that somehow law enforcement agencies or regulatory officials substantially differ from other government officials. But when any government official does this, it is sheer pretending to assert that merely by virtue of the office that official does not have the connections and influence with -other- government officials (including enforcement and regulatory or legislative) to create indirect punitive action against the speaker/nonspeaker that is that is disguised as unrelated to the First Amendment issue.
This should not require lengthy rumination. Under NO circumstances should “the government” (as an “entity”) or any government official even attempt via any kind of direct contact to get a private person to alter lawful speech, or misrepresent facts to assert that a private person’s statements of fact or opinions constitute something unlawful because allegedly inciting of danger or fraudulent.
Moreover, the only way these kinds of abuses will end will be to recognize that any government official who does this is behaving ultra vires, and not personally individually protected by official immunity. If the targeted private person does not “comply” or does not feel threatened, this should go solely to damages (remedy), not liability per se.
If anything, while reading this appellate opinion, the thought kept crossing my mind about how incomparably genius were our founding fathers and the superior constitution that we have unlike any other in the world.
I hope the U.S. Supreme Court takes this case and takes the unfortunately too-mealy deference to free speech and strengthens what should be with extraordinarily few exceptions, a near-absolute First Amendment.
And it wouldn’t hurt for the Court also to recognize big platforms as common carriers who have no right to stifle or manipulate speech unless they first are willing to embrace responsibility as a publisher for -all-speech or speech suppression on their platforms (the Section 230 problem). Additionally, the Court must recognize the inverse of the implicit coercion argument and hold that it is “government action” in cases in which these giant ostensibly “private” common carriers of this sort voluntarily (not just “voluntarily”) act in concert with government officials to suppress or alter speech, because just as threats of negative action are -always- present, so are implied promises of indirect benefit from happily colluding with a government official to take action against another private person.
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P.S. I was stunned reading the recitation of cases (decided both ways) — bearing in mind that these would be only the miniscule percentage that went to litigation — of how incredibly widespread is this practice by (apparently mostly) left-leaning government officials to affect private speech in all kinds of media. That so many courts are even navel contemplating and not apoplectic over this insideous practice, never even mind those that didn’t have a problem with it in the end result, just astounds me.
How far we have fallen…
(Meanwhile rioting and looting and naked sex in the street during “Pride Month” is “speech”, but “misgendering” someone or expressing a traditional opinion is “violence”).
While this case was a partial “win” of sorts (by way of analogy, have you ever heard the expression “To damn with faint praise”), I am feeling outraged.
How far we have fallen…
How far we have fallen…
How far we have fallen…
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Well said.
ELIMINATE THE FEDERAL GOVERNMENT!
Trump needs to pick a VP as if he is picking the succeeding President, as he hopefully is! No more Pence-cilnecks!
All positive I see leads to the hope it can be used by President Trump and those with him to ruin this lawunfair group. Seems America is plagued with rotten politicians and dishonest law users at every corner. It takes only one man to start a cleaning. President Trump in office will be our starter and hopefully the rest of the hiders will come forward to help. If not, we may have to be the roll up our own sleeves.
Unfortunately the USG will continue violating the 1A, they’ll just be more careful about covering their tracks.
Expect a whole bunch of new Robert Ware and Robert Peters Gmail accounts to pop up.
“Any time a progressive democrat…” Is there any other kind other than full blown commie? If so, where are they, and Joe Manchin/RFK, Jr. don’t count, anybody with a brain can read Joe Manchin like an open book; RFK, Jr., a big har-de-har-har, he’s a Kennedy.
What is election interference when the mode of action is words?
Answer: there is no such thing.
Even ordinances prohibiting speech near a polling place are a violation of the 1st Amendment. Speech freedom is absolute. If someone wants to talk to another person in normal conversation, why is it the state’s business to arrest that person?
Shouldn’t people be in jail?