The law is clear that even 'significant encouragement' to censor protected speech—not just overt threats or coercion—is unconstitutional.
The government's claim that the injunction limits public officials' own speech is absurd misdirection. The government can say whatever it wants publicly; it just cannot stop other Americans from saying something else. Free speech matters not to ensure that every pariah can say whatever odious thing he or she chooses. Rather, free speech prevents the government from identifying every critic as a pariah whose speech must be shut down.
We are all harmed when our rulers silence criticism. Our government's self-inflicted deafness prevented officials and their constituents from hearing viewpoints that should have had a meaningful impact on our policy decisions. Instead, government censorship resulted time and again in the silencing of scientifically informedof, for example, harmful COVID policies. This allowed misguided and divisive policies to persist far too long.
The scope of the current government censorship regime is historically unprecedented."The present case arguably involves the most massive attack against free speech in United States' history," the district court judge explained in his. He went on,"The evidence produced thus far depicts an almost dystopian scenario... The United States Government seems to have assumed a role similar to an Orwellian 'Ministry of Truth'.
BATH, UNITED KINGDOM - AUGUST 01: In this photo illustration the logo of US online social media and social networking site 'X' is displayed centrally on a smartphone screen alongside that of Threads and Instagram on August 01, 2023 in Bath, England.The government's only attempted defense is that it was merely offering help to the platforms without jawboning them—"just your friendly neighborhood government agency.
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