- Oct 31, 2012
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In a debate Monday at the Supreme Court challenging the Biden administration’s alleged coordination with Big Tech to censor certain messages, one justice raised eyebrows in her comments about the government’s relationship with the First Amendment.
The case stems from a lawsuit brought by Republican-led states Missouri and Louisiana that accused high-ranking government officials of working with giant social media companies "under the guise of combating misinformation" that ultimately led to censoring speech on topics that included Hunter Biden’s laptop, COVID-19 origins and the efficacy of face masks — which the states argued was a First Amendment violation.
"It's got these big clubs available to it, and so it's treating Facebook and these other platforms like their subordinates," Justice Samuel Alito said. But Justice Ketanji Brown Jackson took a different approach.
Your view has the First Amendment hamstringing the federal government in significant ways in the most important time periods," she told the lawyer representing Louisiana, Missouri and private plaintiffs. "The government actually has a duty to take steps to protect the citizens of this country... by encouraging or even pressuring platforms to take down harmful information," she said.
"Yes, the First Amendment does hamstring the Federal government, that is why it was written, like the 19th amendment hamstrings government from only allowing men to vote as it gives women the right to vote", said Alito.
"Women?" asked justice Brown, "What is a wom"..........."Excuse me!!!" blurted Justice Kagan, "Enough of this racist interrogation of justice Brown!!"
Justice Thomas interrupted, "If the First Amendment needs to go because it hamstrings the government, what about the 14th amendment for due process? Does that hamstring the government and need to go as well?"
"No, the 14 Amendment does not hamstring the government, it cattywamps the government, which is why a criminal like Trump has no right to due process under the 14th amendment", said justice Brown"
"Cattywamp? What does cattywamp mean" asked justice Thomas.
"I don't know", said justice Brown, "Don't ask me to define it, I'm not a linguist."