A highly-controversial injunction against the Biden administration from a Trump-appointed federal judge could mean Disney’s First Amendment lawsuit against Florida GOP governor and presidential candidate Ron DeSantis is a “solid” and “open and shut” case, according to a top law professor and civil rights attorney.
On July 4, the Chief U.S. District Judge for the Western District of Louisiana, Terry Doughty, blocked the U.S. Dept. of Health and Human Services and the Federal Bureau of Investigation, among other federal entities, from working with social media companies to combat posts on a wide range of topics, from child pornography to election, COVID, and vaccine misinformation.
The Washington Post reports the injunction bars “key Biden administration agencies and officials from meeting and communicating with social media companies about ‘protected speech,’ in an extraordinary preliminary injunction in an ongoing case that could have profound effects on the First Amendment.” It comes in response to a lawsuit from Republican attorneys general in Louisiana and Missouri.
“The Donald Trump-appointed judge’s move could undo years of efforts to enhance coordination between the government and social media companies. For more than a decade, the federal government has attempted to work with social media companies to address criminal activity, including child sexual abuse images and terrorism,” the Post reports.
“The injunction is strikingly broad and clearly intended to chill any kind of contact between government actors and social media platforms,” Evelyn Douek, an assistant professor at Stanford Law School, told the Post.
In December of 2021, as deaths from COVID-19 hit 800,000 in the U.S., ahead of an expected post-holiday spike, Judge Doughty blocked President Biden’s mandate requiring healthcare workers be vaccinated against the deadly disease. To do so, the judge cited “the claims of a doctor who falsely said that the Covid-19 vaccine was not effective in preventing transmission of the disease,” as CNN reported.
Last year, Judge Doughty blocked President Biden’s vaccine mandate requiring COVID-19 vaccinations for workers at Head Start programs, which help children 3-5 years of age, and their families. Studies show a majority of families that contracted COVID did so via children. One study, published by the University of Minnesota, “suggests that 70.4% of nearly 850,000 US household COVID-19 transmissions originated with a child.” It also found younger children “more likely to spread” the virus.
Judge Doughty’s injunction blocking the Biden administration from communicating with social media companies is being widely criticized.
“It engages in dangerous censorship in the name of fighting censorship. It must be challenged in the name of the First Amendment. No competent lawyer could defend it. And the states that won this relief lack Article III standing anyway!” writes University Professor Emeritus at Harvard University, Laurence Tribe, the noted constitutional scholar.
“Censoring a broad swath of vital communications between government and social media platforms in the name of combating censorship makes a mockery of the first amendment,” he adds, and calls it “blatantly unconstitutional.”
Former FBI Counterintelligence Deputy Assistant Director Pete Strzok calls Judge Doughty’s injunction “an ourobouros of conspiracy clusterfuckery,” with “the judge adding himself – and his office – to the narrative.”
“The transcripts of the government deponents in the case,” he adds, “feature a walking QAnon DeepState conspiracy-fest by some of the plaintiff’s attorneys.”
Meanwhile, civil rights attorney Sherrilyn Ifill, the former President and Director-Counsel of NAACP Legal Defense Fund (LDF), a Senior Fellow at the Ford Foundation, and a professor of law at Howard University, sees one bright spot in. The injunction could be a boon for The Walt Disney Company.
Disney is suing DeSantis, alleging the company’s First Amendment free speech rights were violated as the Florida governor repeatedly attacked and retaliated against the entertainment giant, ultimately rescinding its 50-year old “independent special district” tax and governing status after the company quietly opposed and then spoke out against his extreme “Don’t Say Gay” law.
“The evidence cited by the judge doesn’t add up to govt [government] censorship,” Ifill writes on Twitter, about the social media injunction.
“I hope that Disney is reading the decision carefully,” she adds. “Cause by this analysis they have a solid First Amend[ment] claim against Ron DeSantis. Open & shut.”
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Pelosi Delivers Brutal Response After McCarthy’s Acting Replacement Orders Her to Vacate Her Office Immediately
Within hours of Kevin McCarthy being ousted as Speaker of the House late Tuesday afternoon, his hand-picked acting successor, U.S. Rep. Patrick McHenry (R-NC), ordered Speaker Emerita Nancy Pelosi to vacate her Capitol Hill offices “by tomorrow.”
McHenry, whose title technically now is “Speaker Pro Tempore,” is a staunch McCarthy ally who worked diligently behind the scenes in January to help the now-former Speaker get elected on the fifteenth attempt, had an aide issue the order.
“‘Please vacate the space tomorrow, the room will be re-keyed,’ wrote a top aide on the Republican-controlled House Administration Committee,” Politico reported Tuesday night. “The room was being reassigned by the acting speaker ‘for speaker office use,’ the email said.”
Politico adds that “House Minority Leader Hakeem Jeffries’ staff helped Pelosi’s office make the move, according to a spokesperson for the former speaker.”
Pelosi, who was honored with the title “Speaker Emerita” in 2022 by the House Steering and Policy Committee in an effort to help unite the House, did not vote for or against McCarthy’s ouster. She remained in California to attend the funeral of her friend and colleague, the late U.S. Senator Dianne Feinstein.
But Pelosi, the first and only woman Speaker of the House, who served from 2007 to 2011 and again from 2019 to 2023, did not take McHenry’s order lying down.
“With all of the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting, one of the first actions taken by the new Speaker Pro Tempore was to order me to immediately vacate my office in the Capitol,” Pelosi said in a statement, according to Politico’s Nicholas Wu. “Sadly, because I am in California to mourn the loss of and pay tribute to my dear friend Dianne Feinstein, I am unable to retrieve my belongings at this time.”
“This eviction is a sharp departure from tradition. As Speaker, I gave former Speaker Hastert a significantly larger suite of offices for as long as he wished,” She noted.
“Office space doesn’t matter to me, but it seems important to them,” Pelosi added. “Now that the new Republican Leadership has settled this important matter, let’s hope they get to work on what’s truly important to the American people.”
‘Radical Left Marxists’: Trump Launches Attack Hours After Judge Imposes Gag Order
Just hours after New York Supreme Court Justice Arthur Engoron imposed a limited gag order and directed Donald Trump to remove his social media post targeting and attacking, by name, the judge’s law clerk, the ex-president Tuesday evening issued an attack targeting the legal system, and apparently, by extension, Attorney General Letitia James.
Judge Engoron’s Tuesday order barred Trump from “posting, emailing or speaking publicly about any of my staff,” as Politico reported. The judge’s gag order did not extend to any officer of the court, witnesses, or anyone else involved in Attorney General James’ $250 million civil fraud case against Trump.
“Consider this statement a gag order forbidding all parties from posting, emailing or speaking publicly about any of my staff,” Engoron said Tuesday afternoon. “Failure to abide by this order will result in serious sanctions.”
Judge Engoron had announced in court: “This morning one of the defendants posted to his social media account a disparaging, untrue and personally identifying post about a member of my staff.”
“Personal attacks on members of my court staff are unacceptable, inappropriate and I will not tolerate them in any circumstances,” Engoron added.
Politico described Trump’s social media post as “a message alleging [the law clerk] ‘is running this case against me.’ The message was pulled from an account on X with fewer than 200 followers. Trump then linked to an Instagram account for Greenfield’s campaign for a judgeship in Manhattan civil court.”
“’How disgraceful! This case should be dismissed immediately!!’ Trump added. He also posted a photo of her alongside Senate Majority Leader Chuck Schumer and referred to her as ‘Schumer’s girlfriend.'”
And while the judge ordered the social media post taken down, there’s nothing that can be done about the email blast Trump sent to “millions” of his supporters that included the post, as The New York Times reported.
Tuesday evening, despite having already been given one gag order, Trump appeared to tear into the legal system and Attorney General Letitia James in a series of false claims.
After claiming James’ civil lawsuit against him was unconstitutional and election interference, Trump wrote the decision to apply that statute to him “was done by Radical Left Marxists design, and is not the America we know.”
“It is so unfair that I am being tried under Section 63(12), which is unconstitutionally being used to punish me because I am substantially leading Crooked Joe Biden in the polls,” Trump wrote on Truth Social. “It is a Consumer Protection Statute, and not meant, at all, for Election Interference purposes, which is what this is all about! Under this Section of the law, I am not even entitled to a JURY (there is no checking of a box alternative!).This was done by Radical Left Marxists design, and is not the America we know. MAKE AMERICA GREAT AGAIN!”
As The New Yorker reported last week, the law Trump is referring to was “passed at the behest of one of” James’ “Republican predecessors, Jacob Javits.”
‘Terrorist Attacks’: Murphy and Cornyn Slam House GOPers Over McCarthy Ouster
After U.S. Rep. Matt Gaetz (R-FL) and seven of fellow far-right House Republicans voted to oust their own Speaker of the House for supporting a bipartisan vote to keep the federal government of the United States from a shutdown, a powerful Senate Republican and Democrat are both strongly denouncing the work of the few GOP extremists who toppled Kevin McCarthy.
U.S. Senator John Cornyn, a hard-core Republican of Texas and a former member of the Senate Republican leadership team, blasted the eight House Republicans for their “terrorist attack,” and warned it will happen again.
“We saw a similar thing happen to Boehner, Ryan, and now McCarthy. I’m sure the next speaker is going to be subjected to the same terrorist attacks,” Senator Cornyn said, according to HuffPost’s Igor Bobic.
Responding to a Texas radio talk show host from his official social media account, Sen. Cornyn added, “A handful [of] House members just want to blow up the institution and themselves in the process. Sad.”
U.S. Senator Chris Murphy (D-CT) called the ouster “a deeply embarrassing moment for America. A consequence of a Republican Party that has become so radicalized that it can no longer function as an organized political party.”
“Nobody should be rooting for this circus,” added Sen. Murphy in video recorded as he watched the House voting to remove McCarthy as Speaker. He warned that the ouster of McCarthy will now take the House away from the critical work of keeping the government open after November 17, “instead of working on a budget.” And he warned that no new funds to help Ukraine defend itself against Russian President Vladimir Putin’s war have been authorized.
“These are life and death stakes,” Murphy said, lamenting this “makes us look so weak and foolish around the world.”
Let me tell you about the real world consequences of Kevin McCarthy’s ouster as Speaker. No one should celebrate this day. This level of dysfunction is terrible for America. pic.twitter.com/7NsQrz7Pro
— Chris Murphy 🟧 (@ChrisMurphyCT) October 3, 2023
Watch Sen. Murphy’s remarks above or at this link.
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