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Justice Jackson slammed for suggesting First Amendment is ‘hamstringing’ government

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Supreme Court Justice Ketanji Brown Jackson

From LifeSiteNews

By Matt Lamb

Free speech advocates blasted Justice Jackson for defending government censorship efforts and criticizing conservative views about the First Amendment as ‘hamstringing the government.’

Comments made by Supreme Court Justice Ketanji Jackson during a hearing on Monday raised concerns among free speech advocates.

The Supreme Court heard arguments Monday in Murthy v. Missouri, a case concerning collusion efforts between the Biden administration and Big Tech to censor speech about topics like the integrity of the 2020 election and the dangers of the COVID jabs.

“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time period,” Justice Jackson asked Louisiana Solicitor General Benjamin Aguiñaga.

She said further:

Some might say that the government actually has a duty to take steps to protect the citizens of this country, and you seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information.

So, can you help me? Because I’m really worried about that. Because you’ve got the First Amendment operating in an environment of threatening circumstances, from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems.

“Interact” refers to Biden administration officials working closely with X (formerly known as Twitter), Facebook, Instagram, and other platforms to censor speech. In one example, a Biden administration official quickly got Instagram to delete a parody account of Dr. Anthony Fauci.

The comments from Jackson drew criticism from conservatives and free speech advocates.

Missouri Attorney General Andrew Bailey said the “hamstringing” nature of the First Amendment is what makes it valuable.

“It is hamstringing, and it’s supposed to. The whole purpose of the Constitution is to protect us from the government, and the government exists to protect our rights,” Bailey told Fox News. “But here, the federal government is ignoring our First Amendment protections and weaponizing the federal government to silence our voices.

“Yes. The first amendment does limit the government. That’s the point of it,” Rick Esenberg, president of the Wisconsin Institute for Law and Liberty, wrote on X.

Charlie Kirk, president of Turning Point USA, pointed out Jackson could not define what a woman is during her Supreme Court hearing.

Jackson also earlier suggested that a “once-in-a-lifetime pandemic” could justify restrictions on free speech, essentially adopting the arguments of the Biden administration.

“I mean, I understood our First Amendment jurisprudence to require heightened scrutiny of government restrictions of speech but not necessarily a total prohibition when you’re talking about a compelling interest of the government to ensure, for example, that the public has accurate information in the context of a once-in-a-lifetime pandemic.”

Many assertions regarding COVID-19 promoted by the Biden administration have since proven to be false, including claims that COVID shots and masks stop transmission of the virus and that COVID shots are not harmful and are beneficial for children.

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Censorship Industrial Complex

Biden Agencies Have Resumed Censorship Collaboration With Big Tech, Dem Senate Intel Chair Says

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From the Daily Caller News Foundation

By JASON COHEN

 

Agencies in President Joe Biden’s administration have resumed their perceived disinformation censorship collaboration with social media companies, Senate Intelligence Committee Chairman Mark Warner told reporters at a recent security conference, Nextgov/FCW reported.

The administration stopped “misinformation” censorship collaboration with social media platforms after a July Missouri v. Biden ruling to prevent federal agencies from coordinating with social media companies, but recently restarted this work, Warner # reporters, according to Nextgov. He said the cooperation resumed as the Supreme Court heard oral arguments in the case, now called Murthy v. Missouri, in March, where multiple justices indicated they supported the Biden administration’s viewpoint that it has the right to work with platforms to combat what it believes is harmful content.

“There seemed to be a lot of sympathy that the government ought to have at least voluntary communications with [the companies],” Warner said, according to Nextgoc. He also reportedly called on the Biden administration to take strong action against any foreign countries that try to interfere in the 2024 election.

The agencies include the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) and the Federal Bureau of Investigation (FBI), according to NextGov.

“If the bad guy started to launch AI-driven tools that would threaten election officials in key communities, that clearly falls into the foreign interference category,” he added.

A district court judge issued an injunction in July preventing certain officials in agencies from the Department of Health and Human Services (HHS) to the FBI from communicating with social media platforms to censor speech, characterizing the government conduct exposed by the plaintiffs in the case as arguably “the most massive attack against free speech in United States’ history.”

Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson, expressed concern during March oral arguments about restricting the government’s ability to persuade companies to take action when necessary, such as when terrorists disseminate speech on a platform.

The justices also questioned whether the plaintiffs could prove their platforms censored their speech as a direct result of the government.

Facebook executives believed they were engaged in a “knife fight” with Biden’s White House on COVID-19 censorship, according to a recent House Judiciary Committee report. Biden accused the platform of “killing people” in July 2021 for not censoring so-called COVID-19 misinformation, and unearthed WhatsApp messages between Facebook executives revealed that they were unhappy about the president’s remarks.

Warner, the White House and the FBI did not immediately respond to the Daily Caller News Foundation’s request for comment. CISA declined to comment, but notified the DCNF about an Election Security hearing in the coming weeks with the agency’s Director, Jen Easterly.

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Automotive

New Analysis Shows Just How Bad Electric Trucks Are For Business

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From the Daily Caller News Foundation

By WILL KESSLER

 

Converting America’s medium- and heavy-duty trucks to electric vehicles (EV) in accordance with goals from the Biden administration would add massive costs to commercial truckingaccording to a new analysis released Wednesday.

The cost to switch over to light-duty EVs like a transit van would equate to a 5% increase in costs per year while switching over medium- and heavy-duty trucks would add up to 114% in costs per year to already struggling businesses, according to a report from transportation and logistics company Ryder Systems. The Biden administration, in an effort to facilitate a transition to EVs, finalized new emission standards in March that would require a huge number of heavy-duty vehicles to be electric or zero-emission by 2032 and has created a plan to roll out charging infrastructure across the country.

“There are specific applications where EV adoption makes sense today, but the use cases are still limited,” Karen Jones, executive vice president at Ryder, said in an accompanying press release. “Yet we’re facing regulations aimed at accelerating broader EV adoption when the technology and infrastructure are still developing. Until the gap in TCT for heavier-duty vehicles is narrowed or closed, we cannot expect many companies to make the transition, and, if required to convert in today’s market, we face more supply chain disruptions, transportation cost increases, and additional inflationary pressure.”

Due to the increase in costs for businesses, the potential inflationary impact on the entire economy per year is between 0.5% and 1%, according to the report. Inflation is already elevated, measuring 3.5% year-over-year in March, far from the Federal Reserve’s 2% target.

Increased expense projections differ by state, with class 8 heavy-duty trucks costing 94% more per year in California compared to traditional trucks, due largely to a 501% increase in equipment costs, while cost savings on fuel only amounted to 52%. In Georgia, costs would be 114% higher due to higher equipment costs, labor costs, a smaller payload capacity and more.

The EPA also recently finalized rules mandating that 67% of all light-duty vehicles sold after 2032 be electric or hybrid. Around $1 billion from the Inflation Reduction Act has already been designated to be used by subnational governments in the U.S. to replace some heavy-duty vehicles with EVs, like delivery trucks or school buses.

The Biden administration has also had trouble expanding EV charging infrastructure across the country, despite allotting $7.5 billion for chargers in 2021. Current charging infrastructure frequently has issues operating properly, adding to fears of “range anxiety,” where EV owners worry they will become stranded without a charger.

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