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Fifth Circuit Corrects Critical Error In Prior Ruling To Shut Down Deep-State Censorship Tactic
The Federalist ^ | 10/5/23 | BEN WEINGARTEN

Posted on 10/05/2023 2:09:13 PM PDT by CFW

In a bombshell ruling, the U.S. Fifth Circuit Court of Appeals has shut down the “nerve center” of federal government-led speech policing, correcting a critical error in its prior jurisprudence and striking a major blow for the First Amendment and against deep-state election interference.

The court’s opinion comes in the landmark free speech case in the digital era, Missouri v. Biden. Before the litigation landed in appellate court, Louisiana District Judge Terry A. Doughty declared in a fitting Independence Day ruling that federal authorities from the Biden White House to the FBI and CDC had likely engaged in “the most massive attack against free speech in United States’ history.”

[snip]

So the Fifth Circuit upheld a modified form of the injunction and imposed it on the federal authorities fingered by the plaintiffs — with one glaring omission. A Department of Homeland Security sub-agency, CISA, the Cybersecurity and Infrastructure Security Agency, would not be subject to the injunction.

This arguably undermined the integrity of the entire opinion.

[snip]

The plaintiffs in Missouri v. Biden cried foul, petitioning the Fifth Circuit for a rehearing and a reinstatement of the injunction on CISA. Now the court has responded by fixing the latter fatal flaw.

In issuing its revised opinion, the Fifth Circuit noted that CISA had in fact likely violated the First Amendment in “coerc[ing] or significantly encourag[ing] social-media platforms to moderate content” beginning during the 2020 presidential election.

(Excerpt) Read more at thefederalist.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: 1a; 2020; 2020election; 202310; 5eyes; censorship; cisa; ctil; cybersecurity; deepstate; dhs; dissent; fifthcircuit; fifthcircuitupdate; firstamendment; freespeech; ista; missourivbiden; waronfreedomofspeech
It is good that the Court corrected this error.
1 posted on 10/05/2023 2:09:13 PM PDT by CFW
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To: CFW

They’ll just do it anyhow. Who’s going to stop them?


2 posted on 10/05/2023 2:19:10 PM PDT by Seruzawa ("The Political left is the Garden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: Seruzawa

You can bet that those deep-staters are illegally surveilling every judge on that court looking for kompromat to bend them to the deep-state’s will.


3 posted on 10/05/2023 2:22:38 PM PDT by TheConservator (Either the Deep State destroys America, or we destroy the Deep State!--President Donald Trump)
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To: CFW

The only way to ensure the court ruling is enforced is by entirely shuttering the offending agencies. The deep state can only be controlled by abolishing the deep state.


4 posted on 10/05/2023 2:29:56 PM PDT by ConservativeInPA
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To: CFW

It is also good that the Democrat Party dominated Federal beaurocracy has been identified as a driving force in the censorship of free citizens of this country who are guaranteed the right to express freely their opinions to others under the Constitution. Next step should be to enshrine in law that if you offer a forum for the public to converse you cannot censor free public speech. The marketplace of ideas should not be closed because someone becomes offended. If your argument is discarded just leave and hopefully you’ve learned something.


5 posted on 10/05/2023 2:32:01 PM PDT by Rowdyone (Vigilence)
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To: CFW

So, what is stopping this illegal regime from simply assigning these same functions to some other non-covered sub-agency and then transferring the actors involved to this new gig? And, what exactly is the penalty to anyone personally who is guilty of this censorship?


6 posted on 10/05/2023 2:33:58 PM PDT by rigelkentaurus
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To: Seruzawa

They will form another obscure acronym named entity to spy on us. Heck they probably have several agencies monitoring US citizens.


7 posted on 10/05/2023 2:54:17 PM PDT by Made In The USA (Ellen Ate Dynamite Good Bye Ellen)
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So what are the names of the traitors going before the firing squad?


8 posted on 10/05/2023 3:11:18 PM PDT by USCG SimTech
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To: Made In The USA
They will form another obscure acronym named entity to spy on us. Heck they probably have several agencies monitoring US citizens.

That's why vigilance must be as constant as breathing. When we think of relaxing we don't think of relaxing from breathing. Nor can we ever pause vigilance.

9 posted on 10/05/2023 3:25:53 PM PDT by JustaTech (My mind is the weapon. Everything else is tools.)
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To: CFW

As if any of the three-letter government good squads or this new four-letter one cares a whit about the law, court rulings, or the US Constitution.


10 posted on 10/05/2023 3:47:00 PM PDT by Buck-Toothed Knuckle Dragger
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To: Buck-Toothed Knuckle Dragger

Make that goon and definitely not good.


11 posted on 10/05/2023 3:47:36 PM PDT by Buck-Toothed Knuckle Dragger
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To: CFW

The order bars CISA and top agency officials including director Jen Easterly from taking steps to “coerce or significantly encourage” tech companies to take down or curtail the spread of social media posts.
The Justice Department declined to comment. CISA, which is part of the Department of Homeland Security, said it does not comment on ongoing litigation, but executive director Brandon Wales said in a statement that the agency does not censor speech or facilitate censorship.
Remember those names: Jen Easterly, Brandon Wales.


12 posted on 10/05/2023 4:33:29 PM PDT by Bookshelf
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To: USCG SimTech

That’s the problem, these are all agencies did this and did that. No personal accountability, thus it continues and the people involved likely got promotions.


13 posted on 10/05/2023 9:30:00 PM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected. No Baggage, No Drama.)
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To: CFW

Whoever writes their headlines needs to be aware of dangling modifiers.


14 posted on 10/05/2023 10:03:56 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: Made In The USA
Heck they probably have several agencies monitoring US citizens.

The other four of the Five Eyes.

15 posted on 10/06/2023 5:19:32 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

16 posted on 10/06/2023 8:33:34 AM PDT by SunkenCiv (Putin should skip ahead to where he kills himself in the bunker.)
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To: Sirius Lee; All

All voice/data/texting for Cellphone/Internet/Landline and probably Radio of all types get sent to that fancy new NSA Center in Colorado for dissection and analysis.
And of course We The People got/get to pay for this.


17 posted on 10/06/2023 8:34:08 AM PDT by mabarker1 ( (Congress- the opposite of PROGRESS!!! A fraud, a hypocrite, a liar. I'm a member of Congress!!!)
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To: CFW
Another win for 'the MAGA cult' - everyone needs to update their decoder rings....

18 posted on 10/06/2023 12:51:25 PM PDT by GOPJ (MSNBC bimbos and pretentious 'men': "THE ELITE " ARE NOT "THE 1%". MAGA's not Marxist/Class envy..)
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To: Bookshelf

Easterly’s predecessor is who you have to remember. He was the guy in charge when this was going on:

Nov 2020 : () Fired CISA Director Chris Krebs, who was oblivious to the biggest government hack in history, said the US election was secure
NOQ Report ^ | 12/18/2020 | JD Rucker


19 posted on 04/17/2024 9:54:13 PM PDT by piasa (Attitude adjustments offered here free of charge)
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