The Supreme Court is weighing in on a case regarding the role of the First Amendment in the Internet age. Will the government be allowed to use social media platforms as censorship proxies to block speech that they don t like? And what role does the government have to play in that role?
00:00:00.000The vast majority of people can agree that disinformation about, let's say, the pandemic is unhealthy.
00:00:07.840The government actually has a duty to protect the citizens of this country.
00:00:12.420NPR has this in a major case testing the role of First Amendment in the Internet age.
00:00:16.580The U.S. Supreme Court on Monday hears arguments focused on the federal government's ability to combat what it sees as false, misleading or dangerous information online.
00:00:25.000Last September, the 5th U.S. Circuit Court of Appeals, the most conservative federal appeals court in the U.S., issued a broad ruling that barred key government officials from contacts with social media companies.
00:00:35.040Among the personnel targeted in the order were officials of the White House, the Centers for Disease Control Prevention, the Office of the Surgeon General, the FBI, and an important cybersecurity agency.
00:00:43.860The appeals court said that individuals at those agencies likely violated the First Amendment by seeking to coerce social media platforms into moderating or changing their content about COVID-19, foreign interference in elections, and even Hunter Biden's laptop.
00:00:57.000The Supreme Court has put that ruling on hold while it examines the tricky issues in the case.
00:01:00.880The plaintiffs in the lawsuit are two states, Missouri and Louisiana, and five individuals, including vaccine opponents, who either were banned from some Internet platforms at the height of COVID-19, or whose posts, they say, were not prominently featured on social media sites, such as Facebook, YouTube, and X, formerly known as Twitter.
00:01:17.660Not prominently featured, otherwise known as, you know, the algorithm was suppressing, the content was being suppressed by the algorithms.
00:01:27.980The Biden administration notes that under established First Amendment precedent, the government itself is entitled to express its views and to try to persuade others.
00:01:34.540As the government says in its brief, quote, essential dimension of presidential power is the use of the office bully pulpit to seek to persuade Americans and American companies to act in a way that would advance the public interest.
00:01:45.300Now, first of all, despite what the Biden administration is claiming, you know, nobody is saying the government itself can't try to persuade people of its own position.
00:01:54.460So if they want to put out a PSA or whatever about the dangers of, quote, unquote, misinformation, they can do that.
00:02:20.300Again, if that's all they wanted to do, then this would not be an issue and wouldn't be at the Supreme Court.
00:02:25.060Because no one is no one is like suggesting that that President Biden can't come out and say, you know, here's what I think misinformation is and I'm opposed to it and you shouldn't share it.
00:02:34.880He can say that if he wants to say it.
00:02:36.320And again, we are perfectly free to just ignore it, what are you saying, completely, which is what I would do.
00:02:44.680But instead, of course, the Biden administration wants to use social media platforms as censorship proxies to shut down the speech that they don't like and ban and deplatform the purveyors of what they claim is, quote, unquote, misinformation.
00:03:12.840And it all centers around this idea of misinformation, which is just not something that the government should be in the business of combating, at least beyond issuing PSAs if they want to and and trying to persuade people.
00:03:29.680Well, if it's simply making arguments, that's one thing.
00:03:33.160But beyond that, it has no role because information in this context is simply the substance of what is conveyed through methods of communication.
00:03:44.560All of the stuff online is information.
00:03:47.300And there's billions of bits of information flying every which way at the speed of light every second.
00:03:52.820And some of the information reflects reality.
00:03:54.960Some of the information reflects what someone wishes was the reality.
00:04:20.880And most people lack the discernment to effectively distinguish between what is real and what is fantasy.
00:04:26.080And what is important and what isn't and so on and so on.
00:04:30.380So, yeah, it's a, I think, a net negative.
00:04:33.180It'd be better if, you know, we were not all surrounded by all this information all the time.
00:04:37.640But this is the reality of the world we live in.
00:04:39.920And even if it has its pitfalls, massive, gaping pitfalls, we cannot fill those holes in or make anything better by giving the government the power to act as a giant filter, deciding which pieces of information are good or bad.
00:04:55.200And which pieces we should see and which we shouldn't see and all the rest of it.
00:04:58.960So that's not how we can solve this problem.
00:05:01.260We live in the information age regardless, which means it's an age dominated and driven by information.
00:05:07.920To give the government that kind of power to be the filter is then to give them essentially absolute power over our lives and our minds.
00:05:19.740And we especially can't do it with an administration like this one.
00:05:23.600Like, how can we give them the power to determine what counts as misinformation when we already know that they believe or at least pretend to believe many things that are wildly untrue and which do not reflect reality and which contradict the facts in an extreme way?
00:05:40.620I mean, certainly anyone who believes that men can get pregnant, for example, is unqualified to be the judge and jury ruling over the flow of information.
00:05:48.540But really, no one is qualified for that position.
00:05:55.520Although it's a point that not all of the justices seem to understand.
00:05:59.040So, for example, here is Ketanji Brown Jackson revealing some very fundamental confusion about the Constitution and the government and what their exact role is.
00:06:24.840So my biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods.
00:06:37.080I mean, what what would you have the government do?
00:06:39.560I've heard you say a couple of times that the government can post its own speech.
00:06:43.840But in my hypothetical, you know, kids, this is not safe.
00:06:47.800Don't do it is not going to get it done.
00:06:51.060And so I guess some might say that the government actually has a duty to take steps to protect the citizens of this country.
00:07:01.160And you seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information.
00:07:14.340Because I'm really 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.
00:07:25.260And you're saying that the government can't interact with the source of those problems.
00:07:32.460So she's worried that the First Amendment may hamstring the government.
00:07:36.940That's what she's worried will happen.
00:08:23.900And but she's part, you know, she's she's really part of the whole regime, part of the whole system that that only proves why these people like if anybody was equipped to be the filter of information to decide what information people should see and shouldn't see to decide what is misinformation and what isn't.
00:08:47.840If there's anybody equipped to do that, and I don't think anybody is, but if there was anybody, it's not these people.
00:08:52.160Like they can't they don't know what a woman is.
00:09:28.200You walk over to your computer, pull up your entire browsing history, hit print and then nail those pages to your front door for every neighbor to see.
00:09:38.160Well, that's essentially what's happening every single day, unless you're protecting yourself with ExpressVPN.
00:09:43.840Here's the thing most people don't realize.
00:09:45.420Your Internet provider can see every single Web site you've ever visited, even when you're browsing in incognito mode.
00:09:50.880In many countries, they're actually required to keep detailed logs of your online activity for years just in case the government wants to take a look at it.
00:09:58.220And if you're in the U.S., it gets even worse because ISPs can literally sell your personal browsing data to whoever they want.
00:10:03.440Now, you can't stop your ISP from trying to collect this information, but you can make sure they never get it in the first place.
00:10:12.240It encrypts all your online activity before it even reaches your Internet provider, turning their logs into complete gibberish.
00:10:17.940Having my data kept private provides peace of mind.
00:10:20.480I'm able to work from anywhere without worrying about getting hacked or anything like that.
00:10:23.880Plus, it's so simple to use just one tap on any device, phone, laptop, tablet, whatever.
00:10:27.600And, you know, your privacy is completely locked down on up to eight devices at a time.
00:10:33.960So find out how you can get four months free by scanning the QR code on screen, clicking the link in the description box below, or by going to expressvpn.com slash WalshYT.
00:10:42.780All right, big news to start with from The Daily Wire and also related to The Daily Wire.
00:10:48.460It says, as the article on the homepage right now,
00:10:51.200The Daily Wire, the Federalist, and the state of Texas joined on Tuesday in a lawsuit against the U.S. State Department,
00:10:56.120alleging that the government agency-funded censorship technology designed to bankrupt domestic media outlets with disfavored political opinions.
00:11:03.660The State Department is tasked with foreign relations and has no authority over domestic affairs,
00:11:08.140yet it took a government office designed for countering foreign terrorist propaganda,
00:11:12.120which is called the Global Engagement Center,
00:11:14.540and unleashed it against the Americans engaged in what it claimed was disinformation,
00:11:19.500according to the lawsuit filed in federal court in the Eastern District of Texas,