Posted on March 19, 2024

Justice Jackson Complains First Amendment Is ‘Hamstringing’ Feds’ Censorship Efforts

Jordan Boyd, The Federalist, March 18, 2024

Free speech is on trial at the Supreme Court, but Justice Kentanji Brown Jackson is no fan of the First Amendment. {snip}

During Monday’s oral arguments for Murthy v. Missouri, formerly known as Biden v. Missouri, Jackson claimed to oppose any ruling in favor of Americans’ constitutional right to free speech if it limited the government’s ability to censor that speech via Big Tech.

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

Jackson expressed skepticism at reigning in the federal government’s unconstitutional censorship pressure campaign because “some might say that the government actually has a duty to take steps to protect the citizens of this country” that goes far beyond simply posting its own speech or engaging in constitutional means of securing citizens from violence.

“You seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information,” Jackson. “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.”

{snip}

There is no lack of proof that federal agencies including the Department of Health and Human Services, National Institute of Allergy and Infectious Diseases, Centers for Disease Control and Prevention, Census Bureau, Department of Homeland Security, Department of State, FBI, Department of Justice, and the White House demanded Big Tech companies like Twitter (now X), Facebook, and YouTube silence Americans with government-disfavored opinions on Covid-19, elections, and the Biden regime.

{snip}