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Supreme Court unanimously rules that public officials can be sued for blocking critics on social media

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From LifeSiteNews

By Doug Mainwaring

Supreme Court Justice Amy Coney Barrett Justice noted that the personal social media accounts of public officials often present an ‘ambiguous’ status because they mix official announcements with personal content.

The United States Supreme Court ruled unanimously on Friday that government officials who post about work-related topics on their personal social media accounts can be held liable for violating the First Amendment rights of constituents by blocking their access or deleting their critical comments.  

In a 15-page opinion, Justice Amy Coney Barrett noted that the personal social media accounts of public officials often present an “ambiguous” status because they mix official announcements with personal content.

The court ruled in two cases where people were blocked after leaving critical comments on social media accounts of public officials.   

The first case involved two elected members of a California school board — the Poway Unified School District Board of Trustees — who blocked concerned parents from their Facebook and Twitter accounts after leaving critical comments.  

The court upheld the 9th U.S. Circuit Court of Appeals ruling that said the board members had violated the parents’ free speech rights.    

The second case before the court concerned James Freed, Port Huron, Michigan’s city manager who had blocked constituent Kevin Lindke from commenting on his Facebook page after deleting his remarks about the city’s COVID-19 pandemic policies.  

Lindke believed that Freed had violated the First Amendment by doing so and sued Freed.  

Freed maintained that he launched his Facebook page long before becoming a public official, arguing that most of the content on his account concerned family-related matters.  

Justice Barrett explained: 

Like millions of Americans, James Freed maintained a Facebook account on which he posted about a wide range of  topics, including his family and his job. Like most of those Americans, Freed occasionally received unwelcome comments on his posts. In response, Freed took a step familiar to Facebook users: He deleted the comments and blocked those who made them.     

For most people with a Facebook account, that would  have been the end of it. But Kevin Lindke, one of the unwelcome commenters, sued Freed for violating his right to free speech. Because the First Amendment binds only the government, this claim is a nonstarter if Freed posted as a private citizen. Freed, however, is not only a private citizen but also the city manager of Port Huron, Michigan — and while Freed insists that his Facebook account was strictly personal, Lindke argues that Freed acted in his official capacity when he silenced Lindke’s speech.

When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private. We hold that such speech is attributable to the State only if the official (1) possessed actual authority to speak on the State’s behalf, and (2) purported to exercise that authority when he spoke on social media. 

In the end, the high court sent Lindke’s case back to the Sixth Circuit Federal Appeals Court for a second look.  

Perhaps reflecting continued ambiguity following the court’s ruling, both defendant Freed and plaintiff Lindke declared victory. 

“I am very pleased with the outcome the justices came to,” Freed told ABC News in a statement. “The Court rejected the plaintiff’s appearance test and further refined a test for review by the Sixth Circuit. We are extremely confident we will prevail there once more.”  

Lindke was more effusive and told ABC News that he was “ecstatic” with the court’s decision.   

“A 9-0 decision is very decisive and is a clear indicator that public officials cannot hide behind personal social media accounts when discussing official business,” said Lindke.  

Legal experts called attention to the persistence of gray area in the law regarding social media due to the narrowness of the court’s decision. 

“This case doesn’t tell us much new about how to understand the liability of the 20 million people who work in local, state, administrative or federal government in the U.S. … just that the question is complicated,” Kate Klonick, an expert on online-platform regulation who teaches at St. John’s Law School, told The Washington Post 

Katie Fallow, senior counsel for the Knight First Amendment Institute at Columbia University,  told the Post that the court’s ruling does not sufficiently address public officials’ widespread use of personal “shadow accounts,” which constituents often perceive as official.  

Fallow said the court was “right to hold that public officials can’t immunize themselves from First Amendment liability merely by using their personal accounts to conduct official business.”  

We are disappointed, though, that the Court did not adopt the more practical test used by the majority of the courts of appeals, which appropriately balanced the free speech interests of public officials with those of the people who want to speak to them on their social media accounts. 

According to The Hill, the Biden administration and a bipartisan group of 17 states and National Republican Senatorial Committee sided with officials, arguing in favor of their blocks, while the ACLU backed the cons 

Friday’s ruling is only the first of several this term that deal with the relationship between government and social media.

“On Feb. 26, the justices heard argument[s] in a pair of challenges to controversial laws in Florida and Texas that seek to regulate large social-media companies,” explained Amy Howe on Scotusblog.com.  “And on Monday the justices will hear oral arguments in a dispute alleging that the federal government violated the First Amendment by pressuring social media companies to remove false or misleading content. Decisions in those cases are expected by summer.” 

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Brownstone Institute

The Numbers Favour Our Side

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From the Brownstone Institute

BY Bill RiceBILL RICE 

For me, it’s not difficult to see what the world’s real rulers are trying to achieve. They’re trying to obtain more power and control for themselves. In fact, they’ve largely already achieved this goal. The terrifying thought is they are far from done.

We know they are not finished because their most conspicuous initiative at the moment is their quest to slay the petulances of “misinformation” and “disinformation.”

The correct definition of misinformation/disinformation is any speech that challenges what authority figures say is the truth.

The world’s real rulers don’t want their pronouncements challenged, as this would pose a grave risk to their continued rule and their ability to implement myriad programs that will effectively defeat, once and for all, human freedom.

As long as persuasive dissent doesn’t go viral, the Powers that Be know they will achieve their objectives, which are authoritarian world government much closer to the communist utopia envisioned by thinkers and tyrants like MarxMao, and Lenin.

But real communism is not the real goal either, as communism was supposed to make every person equal. The modern form of communism, not unlike all previous forms of communism, ensures the world’s elite organizations will remain ultra-powerful while the proletariat will beg for crumbs.

Who are the World’s Elite Organizations?

They are every important organization – those with great influence (and police-state powers) – including all governmental agencies and departments as well as international government organizations like the UN, WHO, and European Union.

They are also all the major “crony” corporations that benefit from close ties to government and non-governmental organizations.

Plus, foundations like the Bill & Melinda Gates Foundation, the Wellcome Trust, and the Rockefeller Foundation, which have more money than many nations and certainly more ideological commitment to deploy their resources to implement their agendas.

A simple method to define the establishment organizations would be to simply identify the world’s key authorized narratives and then ask yourself what organizations zealously support these initiatives (aka “The Current Thing”).

In the last four years, any organization that vociferously supported all the Covid protocols would be examples of “captured” organizations that enthusiastically supported the Current Thing.

But these same organizations also support all the other ascendant political movements, such as the fight against (allegedly) man-made Climate Change, numerous wars or “interventions” to advance “democracy,” central bank digital currency, and ever more mRNA “vaccines.”

Furthermore, it’s obvious these same organizations support initiatives designed to discredit long-accepted cultural norms in favor of more “progressive” thinking that normalizes gender reversal, race grievances, LGBT+ initiatives, or any reform that advances “diversity, inclusion, or equity.”

The promotion of policies that make mass illegal immigration much easier to achieve has also become a crucial program of our planet’s establishment rulers.


I believe the above summary provides an accurate assessment of the state of the world today.

I also note that it’s an undeniable truth that every program of these establishment organizations has made the world a darker place, with future developments planned by our leaders guaranteed to decrease the qualify of life for children or young adults who may live another 50 to 80 years.

For example, at the moment, unelected delegates who serve on the World Health Organization continue to deliberate in secret as they finalize a new health treaty and make changes to “international regulations” that will affect virtually every citizen on the planet in decades to come.

The salient point about the WHO is that this agency was provably and disastrously wrong on every policy and piece of guidance it issued involving the response to Covid-19.

Another way to identify the members of the Establishment ruling class is to simply identify those who were spectacularly wrong on every key issue of our times. These are the people and organizations who are seeking even more power and control.

Who Will Prevail in the End?

The good news is our side – those who still believe in human liberty – vastly outnumbers the group that is clearly aligned against us.

Above I listed many of the world’s captured organizations. These organizations are staffed by probably a couple hundred thousand key leaders who are committed to supporting the nefarious and freedom -eradicating components  of “The Current Thing.”

As I’ll show below, the numbers who identify with “our side” surely exceed tens of millions of citizens.

The bad news is the the enemies of freedom – the worshippers of Big Brother – control all of the institutions and organizations in the world that actually matter.

Whoever sought to capture all of these organizations – from the CDC, the military, the Federal Reserve, the WEF, and the mainstream press – didn’t embark on these projects just to entertain themselves. They did this for a reason. This reason? They wanted to use these organizations to advance/achieve their goals.

To be more specific, they must have known that if they captured all of these organizations it would be almost impossible for any private citizens to stop their plans.

Our Side Actually has a Major Numeric Advantage

Still, the committed generals and staff officers who are seeking even more global control of the masses are…greatly outnumbered by people who are repulsed by their programs.

I’m currently working on a business idea that might supplement the dissident class of independent writers or “citizen journalists” found in the alternative media and on Substack.

In working on this project, I’m very interested in gauging the size of the market for content that resonates with the world’s population that still values freedom. This would be the group of citizens who is skeptical of the authorized narratives and values (genuine) “watchdog” journalism.

My estimate is there must be tens of millions of people who think like I do, people who would like to stop all the goals of the WEF, Davos, and WHO crowd.

The Tucker Carlson Metric

Perhaps the simplest way to estimate the size of this market is to examine the audience of one of the world’s best-known “contrarian journalists,” Tucker Carlson.

Before Carlson was fired by Fox News, his nightly news show routinely drew four million viewers per night, which made it the top-rated news program in North America. Over the course of a month, the show might have attracted 10 million viewers.

As we all know, Carlson was fired for producing content that was extremely popular with millions of adults. But Carlson didn’t disappear or stop producing “taboo” commentary and news segments, he simply moved to Twitter (now X) and kept doing the exact same thing.

Carlson’s interview with Vladimir Putin garnered more than 150 million views and his various streaming podcasts routinely double or triple the number of people he was reaching on Fox News.

Since Tucker covers many of the same “taboo” subjects I do, one can conservatively estimate that at least 10 million of Carlson’s regular viewers strongly oppose everything the world’s so-called leaders want to make a reality. And that’s just Carlson’s audience.

Substack has more than 35 million subscribers, probably 20 percent of whom are searching for content they know they won’t find in, say, the New York Times or CBS News. That would be a “market” of 7 million freedom-supporting citizens.

Tucker was recently the guest on Joe Rogan’s podcast show. Rogan probably has an audience just as large and loyal as Carlson. Indeed, in their wide-ranging and fascinating conversation, Rogan made the point that shows like his and Tucker’s should now be considered “mainstream”…because they reach far more viewers than, say, the newscasts of the big TV networks (which actually aren’t so big anymore).

As far as I can tell, all the “alternative media” outlets are growing rapidly while all the traditional news outlets are Dead Men Walking.

Again, this is an extremely encouraging sign for anyone who believes that skeptical and independent speech is important to help ensure a world where real freedom might continue to exist.

But I Haven’t Mentioned the Biggest Group of Citizens

While “our side” greatly outnumbers the figure of key employees occupying all the captured organizations, the real population group that matters is the immense group that is sitting out this existential battle for freedom.

The citizens who will probably determine the outcome of this battle are the people who have not discovered the Substack contrarians or who never watch Joe Rogan…or who think Tucker Carlson is a dangerous extremist who should have been fired by Fox (and should now be fired by Elon Musk and X). This group numbers in the billions. 

(This would be the group that doesn’t want to think anymore about the Covid response or think about the possibility that scary-looking, worm-like clots might be in their veins and arteries right now.)

This group just wants to get through each day with adequate supplies of bread…and if they’re given a few mildly entertaining circuses to distract them from the challenges of their daily lives, that’s enough.

For this segment of the population, any big debate on “freedom” is either boring, not germane to their lives, or they love and appreciate Big Brother and are convinced he is protecting them.


What this means to you and me is that the denouement of this historic battle will be determined by a relatively small percentage of the world’s population.

On one side, we have the 200,000 or so leaders of thousands of important captured organizations. On the other side, we have 10 to 20 million citizens who’ve found each other in the alternative media. In the middle, we have a couple billion people who are oblivious to what’s really at stake.

Whatever way this massive middle group swings in the future, so goes the world.

One suspects the world’s real rulers know that their track record and planned agendas won’t stand up to close scrutiny. They know that their arguments are not as persuasive and could easily be debunked if our side’s arguments were to “go viral.”

To help keep this middle group indifferent or on their side, the Deep State concocted the concepts of disinformation and misinformation to smear or throttle the influence of those on our side.

The ever-growing Censorship Industrial Complex has performed its most important job with (disgusting) distinction. For now at least, the depressing truth is the masses don’t seem to care much about the issues that some of us think are tectonic.

This means recruiting the legions of people we need to recruit will be a strangely tough sale.

Our charge of persuading more of our neighbors to join our side has been made far more difficult by the false narrative that all of the important disinformation is coming from citizens like us, when, in fact, we don’t control any of the important information.

If and when the masses realize who’s been producing the real disinformation, freedom might pull an upset victory.

Republished from the author’s Substack

Author

  • Bill Rice

    Bill Rice, Jr. is a freelance journalist in Troy, Alabama.

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CBDC Central Bank Digital Currency

A Fed-Controlled Digital Dollar Could Mean The End Of Freedom

Published on

From the Daily Caller News Foundation

By SEN. TOMMY TUBERVILLE

Central bank digital currencies (CBDC) are a threat to liberty.

Sixty-eight countries, including communist China, are exploring the possibility of issuing a CBDC. CBDCs are essentially government-sponsored cryptocurrencies pegged to the value of a national currency that allow for real-time payments.

The European Union has a digital euro CBDC pilot program, and all BRICS nations (Brazil, Russia, India, China and South Africa) are working to stand up CBDCs. China’s CBDC pilot, the largest in the world, is being used by 260 million individuals.

While faster payments are a positive for markets and economic growth, CBDCs present major risks. They would allow governments to meticulously monitor transactions made by their citizens, and CBDCs open the door for government planners to limit the types of transactions made.

Power corrupts, and no government should have that level of control. No wonder China and other authoritarian regimes around the globe are eager to implement a CBDC.

Governments that issue CBDCs could prohibit the sale or purchase of certain goods or services and more easily freeze and seize assets. But that would never happen in the U.S, right? Don’t be so certain.

Take a look at recent events in our neighbor to the north. The government of Canada shut down bank accounts and froze assets of Canadian citizens protesting the COVID-19 vaccination in Ottawa during the winter of 2022. With a CBDC, authoritarian actions of this kind would be even easier to execute.

To make matters worse, the issuance of a CBDC by the Federal Reserve, the U.S.’s central bank, has the potential to undermine the existing banking system. The exact ramifications of what a CBDC would mean to the banking sector are unclear, but such a development could position the Fed to offer banking services directly to American businesses and citizens, undercutting the community banks, credit unions, and other financial institutions that currently serve main street effectively.

The Fed needs to stay out of the banking business – it’s having a hard enough time achieving its core mission of getting inflation under control. A CBDC would open the door for the Fed to compete with the private sector, undercutting economic growth, innovation, and financial access in the process.

Fed Chair Jerome Powell has testified before Congress that America’s central bank would not issue a CBDC without express approval from Congress, but the Fed has studied CBDCs extensively.

For consumers who want the ability to make real-time payments internationally, CBDCs are not the answer. Stablecoins offer a commonsense private sector solution to this market demand.

Stablecoins are a type of cryptocurrency pegged to the value of a certain asset, such as the U.S. dollar. If Congress gets its act together and creates a regulatory framework for stablecoins, many banks, cryptocurrency firms, and other innovative private sector entities would issue dollar-pegged stablecoins. These financial instruments would allow for instantaneous cross-border payments for market participants who find that service of value.

Stablecoins are the free market response to CBDCs. They offer the benefits associated with the technology without the privacy risk, and they would likely enhance, not disrupt, the existing banking sector.

Representatives Patrick McHenry (R-N.C.) and French Hill (R-Ark.) have done yeoman’s work advancing quality, commonsense stablecoin legislation in the House of Representatives, and the Senate needs to move forward on this issue.

Inaction by Congress will force innovators overseas and put the U.S. at a competitive disadvantage. It would also help the Fed boost the case for a CBDC that will undermine liberty and open the door to government oppression.

Tommy Tuberville is a Republican from Alabama serving in the United States Senate. He is a member of the Senate Agriculture Committee, which plays a key role in overseeing emerging digital assets markets.

 

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