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IANAL, but I don't think they have to prove it's hard or easy to find and read it. The crux of the case is whether the government was seeking to censor it, and
by jtbayly 4y ago
IANAL, but I don't think they have to prove it's hard or easy to find and read it.
The crux of the case is whether the government was seeking to censor it, and if they did to any extent succeed in it. As I posted elsewhere, I think this is the heart of the lawsuit:
> public admissions by then-White House press secretary Jennifer Psaki that the Biden administration was ordering social media companies to censor certain posts, as well as statements from Psaki, President Biden, Surgeon General Vivek Murthy, and DHS Secretary Alejandro Mayorkas threatening them with regulatory or other legal action if they declined to do so
That right there is clearly a First Amendment Violation if the result was one less person seeing and reading it.
- themitigating 4y agoIt's not because the first amendment says congress shall make no law ... Nothing about the executive branch or threats
- tastyfreeze 4y agoThat is because constitutionally the executive doesn't have any authority that would allow that branch to implement any policy that could infringe on rights. However, Congress has given the Executive a vast amount of unconstitutional authority through executive agencies. We are now being taught the lesson of why the Executive has no authority to make laws.