{"id":8246,"date":"2022-06-30T18:31:12","date_gmt":"2022-06-30T18:31:12","guid":{"rendered":"http:\/\/lonecandle.com\/?p=8246"},"modified":"2022-06-30T18:31:12","modified_gmt":"2022-06-30T18:31:12","slug":"two-gop-judges-just-stripped-social-media-companies-of-basic-first-amendment-rights","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=8246","title":{"rendered":"Two GOP judges just stripped social media companies of basic First Amendment rights"},"content":{"rendered":"\n

\n\n“The decision in NetChoice v. Paxton<\/em> reinstates an unconstitutional Texas law that seizes control of the major social media platforms\u2019 content moderation process, requiring them to either carry content that those platforms do not wish to publish or be so restrictive it would render the platforms unusable. This law is unconstitutional because the First Amendment prohibits the government from ordering private companies or individuals to publish speech that they do not wish to be associated with.”
…
“Although the court did not identify which of the three judges dissented, it\u2019s not hard to guess how the votes broke down. The panel includes Judge Leslie Southwick, a relatively moderate conservative appointed by President George W. Bush, as well as two notoriously right-wing judges.<\/p>\n\n\n\n

Judge Edith Jones is a former general counsel to the Republican Party of Texas who was appointed by President Ronald Reagan when she was just 35 years old. Since then, she\u2019s developed a reputation as an especially caustic conservative \u2014 Jones once told a liberal colleague to \u201cshut up\u201d<\/a> during a court hearing, and she joined an opinion arguing that a man should be executed despite the fact that his lawyer slept through much of his trial<\/a>.<\/p>\n\n\n\n

The third judge, Andy Oldham, is a young Trump appointee who clerked for Justice Samuel Alito. Among other things, Oldham is the author of a Fifth Circuit opinion permitting a Trump-appointed district judge to seize control of much of the nation\u2019s policy<\/a> governing the US-Mexico border.<\/p>\n\n\n\n

It is likely, but not entirely certain, that Jones and Oldham are right-wing outliers even when compared to the median justice on the Supreme Court. In 2021, Justice Clarence Thomas published an opinion expressing sympathy for the \u201ccommon carrier\u201d theory<\/a> Texas relies on in NetChoice<\/em>. But that opinion was joined by no other justice.<\/p>\n\n\n\n

In any event, given the enormous disruption the Fifth Circuit\u2019s NetChoice<\/em> decision is likely to create for social media companies, it is likely that they will ask the Supreme Court to intervene very soon. We should know in very short order, in other words, whether the Supreme Court intends to write social media out of the First Amendment.”
https:\/\/www.vox.com\/2022\/5\/12\/23068017\/supreme-court-first-amendment-twitter-facebook-youtube-instagram-netchoice-paxton-texas<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“The decision in NetChoice v. Paxton reinstates an unconstitutional Texas law that seizes control of the major social media platforms\u2019 content moderation process, requiring them to either carry content that those platforms do not wish to publish or be so restrictive it would render the platforms unusable. This law is unconstitutional because the First Amendment prohibits the government from ordering private companies or individuals to publish speech that they do not wish to be associated with.”<\/p>\n

…<\/p>\n

“Although the court did not identify which of the three judges dissented, it\u2019s not hard to guess how the votes broke down. The panel includes Judge Leslie Southwick, a relatively moderate conservative appointed by President George W. Bush, as well as two notoriously right-wing judges.
\nJudge Edith Jones is a former general counsel to the Republican Party of Texas who was appointed by President Ronald Reagan when she was just 35 years old. Since then, she\u2019s developed a reputation as an especially caustic conservative \u2014 Jones once told a liberal colleague to \u201cshut up\u201d during a court hearing, and she joined an opinion arguing that a man should be executed despite the fact that his lawyer slept through much of his trial.<\/p>\n

The third judge, Andy Oldham, is a young Trump appointee who clerked for Justice Samuel Alito. Among other things, Oldham is the author of a Fifth Circuit opinion permitting a Trump-appointed district judge to seize control of much of the nation\u2019s policy governing the US-Mexico border.<\/p>\n

It is likely, but not entirely certain, that Jones and Oldham are right-wing outliers even when compared to the median justice on the Supreme Court. In 2021, Justice Clarence Thomas published an opinion expressing sympathy for the \u201ccommon carrier\u201d theory Texas relies on in NetChoice. But that opinion was joined by no other justice.<\/p>\n

In any event, given the enormous disruption the Fifth Circuit\u2019s NetChoice decision is likely to create for social media companies, it is likely that they will ask the Supreme Court to intervene very soon. We should know in very short order, in other words, whether the Supreme Court intends to write social media out of the First Amendment.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[848,129,1489,1213,130,470,328],"class_list":["post-8246","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-freedom-of-speech","tag-gop","tag-judges","tag-judiciary","tag-republican","tag-second-amendment","tag-social-media"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8246","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8246"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8246\/revisions"}],"predecessor-version":[{"id":8247,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8246\/revisions\/8247"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8246"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8246"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8246"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}