The federalist

Biden Admin’s Retaliation on Twitter Shows First Amendment Violation

Is ‍the Biden‌ Administration Violating‌ the ⁣First Amendment?

President ⁣Joe Biden’s administration repeatedly⁣ insists it is⁢ not violating the ‌First⁤ Amendment⁣ in its ‍attempts to ‌control‍ Americans’‍ speech using⁣ Big Tech.⁣ The regime’s recent targeting of‌ Elon‌ Musk and Twitter via weaponization of ⁣the ​Federal Trade ⁤Commission, however, suggests otherwise. Why⁤ else⁤ would​ it ‌punish the social media company ⁢as soon ⁤as its incoming CEO pledged ⁢to roll back censorship ​on ‍his app?

In light of a⁣ federal judge’s recent ruling⁢ that barred the Biden administration⁣ from colluding⁢ with Big Tech companies ​to⁢ censor Americans’ ‌speech, the suspiciously-timed attack on Twitter as ‍Musk tries to ⁢rebrand‌ it ‌as‌ a ⁤“free⁢ speech” platform‌ is highly suspect.

FTC‌ Bullies ‌Target‌ Musk Twitter

As my‍ colleague⁣ Margot⁣ Cleveland noted on Monday,‌ the FTC ‌and Twitter​ had ​operated for roughly ​a⁣ decade under a⁣ consent order ​they established​ in ⁤2011‌ as ⁢part ⁣of a settlement over ⁢a ⁤violation‍ of‍ the Federal Trade‍ Commission⁤ Act by Twitter. That ⁤status quo⁣ quickly ⁣turned ⁢into the FTC “tracking ​recent developments at ⁣Twitter with deep ‌concern”⁤ and granting ⁤itself “new tools ‍to⁣ ensure ⁤compliance” in ‍a‌ new consent ‌order shortly ⁢after Musk, who‌ committed‌ himself ⁣to advancing free ⁣speech, ⁤acquired the⁢ platform in​ 2022.

“The ⁢agency immediately issued two‌ demand ​letters to ‍Twitter​ seeking ⁤information about​ workforce reductions and ​the ​launch‌ of Twitter⁣ Blue,” Cleveland ‌wrote.⁢ “Those‌ demand letters came before ⁣Twitter​ was even‍ required ‌under the⁢ 2022 ⁢consent decree ‌to have⁢ its new⁣ programs in place. Since then,⁣ Twitter’s attorneys note,⁣ the‌ FTC ⁤has ⁣pummeled Twitter’s corporate owner, X ⁢Corp., with⁣ ‘burdensome ‍demand ⁤letters’ — more than 17 separate demand‌ letters, with ⁢some⁤ 200 ​individual demands ⁤for information⁤ and documents, translates into a new​ demand⁣ letter every two ‍weeks.”

The ‍FTC’s sudden panic ‌about Twitter’s‌ decade-old ‍noncompliance directly coincided ‍with the meltdowns from ‍corporate​ media, Democrats, and ⁢Twitter⁢ employees ​who ​expressed⁣ concern⁤ they⁤ would no longer be able ‌to‍ control online speech. Congressional⁢ Democrats, specifically, proudly cheered the FTC on.⁢ As recently as this week, leftist senators such as‍ Elizabeth Warren⁤ are begging the⁣ bureaucracy ⁤to⁤ target Musk​ in‌ his ⁤new ⁢role ⁤at​ Twitter.

Government Colluded with Big⁣ Tech to Censor Speech

In the July ​4⁢ ruling ⁤Jordan mentioned, ‍a ⁤federal⁤ judge alleged⁣ that⁢ the Biden‌ administration‌ “blatantly⁤ ignored the‌ First ‍Amendment’s right⁤ to‌ free speech”‌ to ‍lead “the most ⁣massive attack against free ⁣speech in United ⁣States’ ⁢history.” ‌Judge Terry Doughty ‌of⁢ the U.S. District⁢ Court‍ for ‍the‍ Western ​District‌ of⁢ Louisiana found‌ that,‌ at ​the bidding of ‍the ‍Biden ‌administration,‌ “millions of protected free speech postings⁤ by American citizens” were ​suppressed by Big⁣ Tech.

The ⁣president and his‌ bureaucrat ⁣buddies, ​however, vehemently denied these ⁤claims. An ‍unnamed White ‍House⁤ official⁢ told CNN that‌ the ‌federal government merely ⁣“promoted responsible actions⁣ to ‌protect public‍ health, safety, ⁤and security when‍ confronted by challenges ⁤like a deadly ‍pandemic ⁣and⁤ foreign attacks ⁢on ‌our​ elections.”‍ The⁤ administration ⁤even⁢ petitioned ​the⁣ court for a stay.

“The ‌Defendants allege that ‍they face ⁤irreparable harm​ with each ⁣day the injunction​ remains in effect, because the​ injunction’s broad scope‌ and ⁤ambiguous terms may be​ read⁢ to‌ prevent‍ the Defendants from ​engaging in ⁣a vast ​range ‌of lawful and‌ responsible ⁢conduct,‌ including speaking ⁣on ​matters of public⁤ concern,‍ and working⁤ with social-media‌ companies⁢ on initiatives ⁣to ⁣prevent grave⁣ harm ‌to ​the ‌American⁣ people and⁤ the‍ Country’s various⁢ democratic⁤ processes,” ‍Doughty wrote in his​ subsequent 13-page‍ rulingrejecting​ the administration’s⁣ request. “However, the Preliminary Injunction ​only prohibits ‍what the Defendants ⁣have no right‍ to​ do—urging, encouraging, pressuring, or inducing in any manner ⁣the removal,⁣ deletion,⁤ suppression, or‍ reduction of ⁤content containing protected⁣ free​ speech on social-media platforms.”

Biden, Doughty​ concluded, “failed to show ⁣a likelihood ​of‍ success on the ⁢merits.”

Predictably, the⁤ regime’s ‌allies in ⁤the ‍corporate media rushed‌ to ‌explain why Doughty’s⁣ original ⁣ruling⁢ was‍ wrong ⁣and ⁢why “it’s not inherently ⁤a​ violation ⁤of‌ the First Amendment for ‌the ⁢government ⁤to ⁣direct⁢ critical⁣ speech at ‌private‌ actors.”

The⁢ U.S. Court of Appeals ⁤for ‍the 5th ⁢Circuit later placed a⁣ temporary hold ​on Doughty’s order, ‌allowing​ the Biden administration to ⁢resume colluding ‍with Big Tech⁢ censors — ​but ultimately ⁣did ⁤not rule on‍ the​ merits of ⁢the allegations that⁤ the regime ⁢violated the​ First Amendment.

The⁤ collusion⁤ between Biden’s​ White ⁣House, ⁣bureaucrats, and ⁤Big Tech ⁢censors alone is‍ enough⁢ to make Americans ⁢skeptical that their⁣ right to free speech and ‍free expression is safe. Biden’s use ‍of ‌a ‍government ⁢agency to punish a censor-gone-rogue​ like‍ Musk’s ‍Twitter removes ​all⁢ remaining‌ doubt‌ that ⁤the First Amendment ‌is under attack⁢ by⁢ the current administration.



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