The Supreme Court seemed prepared Monday to reject a Republican-led effort to sharply limit the federal government from pressuring social media companies to remove harmful posts and misinformation from their platforms.
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Supreme Court likely to reject limits on White House social media contacts
A majority of justices from across the ideological spectrum expressed concern about hamstringing White House officials and other federal employees from communicating with tech giants about posts the government deems problematic that are related to public health, national security and elections, among other topics.
The case involves a lawsuit initiated by two Republican-led states — Missouri and Louisiana — and individual social media users. They accuse the Biden administration of violating the First Amendment by operating a sprawling federal “censorship enterprise” to influence platforms to modify or take down posts.
Justices Elena Kagan and Brett M. Kavanaugh, who previously worked as lawyers in Democratic and Republican administrations, respectively, suggested that government exchanges with the platforms and media outlets were routine occurrences and did not amount to censorship or coercion in violation of the constitutional right to free speech.
Chief Justice John G. Roberts Jr. seemed to agree, noting that the federal government has numerous agencies that do not always speak with a single voice.
“It’s not monolithic,” he said in an exchange with the attorney representing Louisiana. “That has to dilute the concept of coercion significantly. Doesn’t it?”
The case gives the Supreme Court an opportunity to shape how government officials interact with social media companies and communicate with the public online at a time when such platforms play an increasingly important role in elections and public debate. The justices are reviewing a lower-court ruling that sharply limited such interactions, and they must clarify when government attempts to combat misinformation cross the line from permissible persuasion to unconstitutional coercion.
The dispute is one of several before the justices this term testing Republican-backed claims that social media companies are working with Democratic allies to silence conservative voices online. The outcome could have sweeping implications for the U.S. government’s efforts to combat foreign disinformation during a critical election year when nearly half of the world’s population will go to the polls.
Secretary of State Antony Blinken warned during a meeting in Seoul on Monday of a “flood of falsehoods that suffocate serious civic debate.” Social media and artificial intelligence, he said, “created an accelerant for disinformation.”
The high court on Monday appeared ready to embrace a narrow ruling, with several justices suggesting that the states and individuals behind the lawsuit did not have sufficient legal grounds to sue the Biden administration. Some said the individuals could not show a direct link between the government’s pressure on the platforms and the tech companies’ removal of posts that the government deemed problematic.
Kagan pressed Louisiana’s lawyer for evidence that the government — not the social media companies — was responsible for taking down the posts at issue: “How do you decide that it’s government action as opposed to platform action?”
The First Amendment prevents the government from censoring speech and punishing people for expressing different views. But the Biden administration says officials are entitled to share information, participate in public debate and urge action, as long as their requests are not accompanied by threats.
Principal Deputy Solicitor General Brian Fletcher, representing the Biden administration, said government officials have long-standing authority to use the bully pulpit to inform and persuade. The lower-court ruling, he said, would prevent thousands of government officials, including FBI agents and presidential aides, from addressing threats to national security and public health.
The attorneys general of Missouri and Louisiana argued that the federal government went too far by coercing social media companies to suppress speech of individual users and by becoming deeply involved in the companies’ decisions to remove certain content. Tech companies, they said, cannot act on behalf of the government to remove speech the government doesn’t like.
Louisiana Solicitor General J. Benjamin Aguiñaga said the Biden administration had subjected the platforms to unrelenting pressure, using profanity and badgering — not the bully pulpit. “That’s just being a bully,” he told the court.
The record before the Supreme Court includes email messages between Biden administration officials and social media companies, including Facebook’s parent company, Meta, and Twitter, showing tense conversations in 2021 as the White House and public health officials campaigned for Americans to get the coronavirus vaccine. Several justices pushed back Monday on the states’ characterizations of those messages and pointed out inaccuracies in their filings.
“I have such a problem with your brief, counselor,” Justice Sonia Sotomayor said. “You omit information that changes the context of some of your claims. You attribute things to people who it didn’t happen to.”
Aguiñaga apologized and took responsibility “if any aspect of our brief was not as forthcoming as it should have been.”
The toughest questions for the Biden administration came from conservative Justices Samuel A. Alito Jr. and Clarence Thomas, who, along with Justice Neil M. Gorsuch, dissented earlier this term when the majority temporarily blocked the lower-court ruling allowing contacts with social media companies to continue.
Alito said the intense back-and-forth and constant demands from the Biden administration at the height of the vaccination campaign in 2021 suggested the government was impermissibly coordinating with, and coercing, social media companies.
The administration was “treating Facebook and these other platforms like they’re subordinates,” he said, noting that he could not imagine government officials making similar demands of news outlets.
“Do you think that the print media regards themselves as being on the same team as the federal government, partners with the federal government?” Alito asked the government’s lawyer, pointing to the dozens of journalists sitting inside the courtroom.
Gorsuch asked Fletcher whether accusing a company of “killing people” crossed the line into coercion. The question referred to President Biden’s response in July 2021 to questions about how Facebook and other tech platforms were handling misinformation about the coronavirus vaccine.
Fletcher said Biden’s statement was “off the cuff” and meant as an “exhortation, not a threat.” Biden clarified three days later that he was referring to the people spreading misinformation, not the platforms, the attorney said.
Kavanaugh, who worked in the George W. Bush White House, said it’s not uncommon for government officials to warn media companies that articles about surveillance or other military policies could harm war efforts and put Americans at risk.
The initial ruling in the lawsuit came from a conservative district court judge in Louisiana who said that the Biden administration appeared to have operated “the most massive attack against free speech in United States’ history.” The court’s order barred thousands of federal employees from improperly influencing tech companies to remove certain content.
The U.S. Court of Appeals for the 5th Circuit narrowed the decision to a smaller set of government officials and agencies, including the surgeon general’s office, the White House, the Centers for Disease Control and Prevention, and the FBI. A three-judge panel of the appeals court said the White House probably “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” The panel also found that the White House “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”
In October, the Supreme Court intervened and allowed the Biden administration to resume communications with social media companies while the litigation continued. Thomas, Alito and Gorsuch dissented, saying that “government censorship of private speech is antithetical to our democratic form of government.”
Separate from the lawsuit, House Republicans are investigating how tech companies handle requests from Biden administration officials and demanding thousands of documents from internet platforms. Conservative activists have also filed lawsuits and records requests for private correspondence between tech companies and academic researchers studying election- and health-related conspiracies.
Rep. Jim Jordan (R-Ohio), who has led the probe of the tech industry and supported the lawsuit by the Republican attorneys general against the Biden administration, attended the argument Monday.
The justices are also set to decide this term whether state laws passed in Texas and Florida can prohibit social media companies from removing certain political posts. The court is expected to reach a decision in those cases, as well as the case involving the Biden administration, by the end of its term, probably in June or early July.
Until then, tech companies probably will not make major changes to their programs to counter disinformation, even as the U.S. presidential election approaches, said David Greene, the civil liberties director of the Electronic Frontier Foundation.
The cases, Greene said, “leave the platforms in a position of great uncertainty.”
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Sutherland House Experts Book Publishing Launches To Empower Quiet Experts
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What to stream this weekend: ‘Civil War,’ Snow Patrol, ‘How to Die Alone,’ ‘Tulsa King’ and ‘Uglies’
Hallmark launching a streaming service with two new original series, and Bill Skarsgård out for revenge in “Boy Kills World” are some of the new television, films, music and games headed to a device near you.
Also among the streaming offerings worth your time as selected by The Associated Press’ entertainment journalists: Alex Garland’s “Civil War” starring Kirsten Dunst, Natasha Rothwell’s heartfelt comedy for Hulu called “How to Die Alone” and Sylvester Stallone’s second season of “Tulsa King” debuts.
NEW MOVIES TO STREAM SEPT. 9-15
— Alex Garland’s “Civil War” is finally making its debut on MAX on Friday. The film stars Kirsten Dunst as a veteran photojournalist covering a violent war that’s divided America; She reluctantly allows an aspiring photographer, played by Cailee Spaeny, to tag along as she, an editor (Stephen McKinley Henderson) and a reporter (Wagner Moura) make the dangerous journey to Washington, D.C., to interview the president (Nick Offerman), a blustery, rising despot who has given himself a third term, taken to attacking his citizens and shut himself off from the press. In my review, I called it a bellowing and haunting experience; Smart and thought-provoking with great performances. It’s well worth a watch.
— Joey King stars in Netflix’s adaptation of Scott Westerfeld’s “Uglies,” about a future society in which everyone is required to have beautifying cosmetic surgery at age 16. Streaming on Friday, McG directed the film, in which King’s character inadvertently finds herself in the midst of an uprising against the status quo. “Outer Banks” star Chase Stokes plays King’s best friend.
— Bill Skarsgård is out for revenge against the woman (Famke Janssen) who killed his family in “Boy Kills World,” coming to Hulu on Friday. Moritz Mohr directed the ultra-violent film, of which Variety critic Owen Gleiberman wrote: “It’s a depraved vision, yet I got caught up in its kick-ass revenge-horror pizzazz, its disreputable commitment to what it was doing.”
NEW MUSIC TO STREAM SEPT. 9-15
— The year was 2006. Snow Patrol, the Northern Irish-Scottish alternative rock band, released an album, “Eyes Open,” producing the biggest hit of their career: “Chasing Cars.” A lot has happened in the time since — three, soon to be four quality full-length albums, to be exact. On Friday, the band will release “The Forest Is the Path,” their first new album in seven years. Anthemic pop-rock is the name of the game across songs of love and loss, like “All,”“The Beginning” and “This Is the Sound Of Your Voice.”
— For fans of raucous guitar music, Jordan Peele’s 2022 sci-fi thriller, “NOPE,” provided a surprising, if tiny, thrill. One of the leads, Emerald “Em” Haywood portrayed by Keke Palmer, rocks a Jesus Lizard shirt. (Also featured through the film: Rage Against the Machine, Wipers, Mr Bungle, Butthole Surfers and Earth band shirts.) The Austin noise rock band are a less than obvious pick, having been signed to the legendary Touch and Go Records and having stopped releasing new albums in 1998. That changes on Friday the 13th, when “Rack” arrives. And for those curious: The Jesus Lizard’s intensity never went away.
— AP Music Writer Maria Sherman
NEW SHOWS TO STREAM SEPT. 9-15
— Hallmark launched a streaming service called Hallmark+ on Tuesday with two new original series, the scripted drama “The Chicken Sisters” and unscripted series “Celebrations with Lacey Chabert.” If you’re a Hallmark holiday movies fan, you know Chabert. She’s starred in more than 30 of their films and many are holiday themed. Off camera, Chabert has a passion for throwing parties and entertaining. In “Celebrations,” deserving people are surprised with a bash in their honor — planned with Chabert’s help. “The Chicken Sisters” stars Schuyler Fisk, Wendie Malick and Lea Thompson in a show about employees at rival chicken restaurants in a small town. The eight-episode series is based on a novel of the same name.
— Natasha Rothwell of “Insecure” and “The White Lotus” fame created and stars in a new heartfelt comedy for Hulu called “How to Die Alone.” She plays Mel, a broke, go-along-to-get-along, single, airport employee who, after a near-death experience, makes the conscious decision to take risks and pursue her dreams. Rothwell has been working on the series for the past eight years and described it to The AP as “the most vulnerable piece of art I’ve ever put into the world.” Like Mel, Rothwell had to learn to bet on herself to make the show she wanted to make. “In the Venn diagram of me and Mel, there’s significant overlap,” said Rothwell. It premieres Friday on Hulu.
— Shailene Woodley, DeWanda Wise and Betty Gilpin star in a new drama for Starz called “Three Women,” about entrepreneur Sloane, homemaker Lina and student Maggie who are each stepping into their power and making life-changing decisions. They’re interviewed by a writer named Gia (Woodley.) The series is based on a 2019 best-selling book of the same name by Lisa Taddeo. “Three Women” premieres Friday on Starz.
— Sylvester Stallone’s second season of “Tulsa King” debuts Sunday on Paramount+. Stallone plays Dwight Manfredi, a mafia boss who was recently released from prison after serving 25 years. He’s sent to Tulsa to set up a new crime syndicate. The series is created by Taylor Sheridan of “Yellowstone” fame.
NEW VIDEO GAMES TO PLAY
— One thing about the title of Focus Entertainment’s Warhammer 40,000: Space Marine 2 — you know exactly what you’re in for. You are Demetrian Titus, a genetically enhanced brute sent into battle against the Tyranids, an insectoid species with an insatiable craving for human flesh. You have a rocket-powered suit of armor and an arsenal of ridiculous weapons like the “Chainsword,” the “Thunderhammer” and the “Melta Rifle,” so what could go wrong? Besides the squishy single-player mode, there are cooperative missions and six-vs.-six free-for-alls. You can suit up now on PlayStation 5, Xbox X/S or PC.
— Likewise, Wild Bastards isn’t exactly the kind of title that’s going to attract fans of, say, Animal Crossing. It’s another sci-fi shooter, but the protagonists are a gang of 13 varmints — aliens and androids included — who are on the run from the law. Each outlaw has a distinctive set of weapons and special powers: Sarge, for example, is a robot with horse genes, while Billy the Squid is … well, you get the idea. Australian studio Blue Manchu developed the 2019 cult hit Void Bastards, and this Wild-West-in-space spinoff has the same snarky humor and vibrant, neon-drenched cartoon look. Saddle up on PlayStation 5, Xbox X/S, Nintendo Switch or PC.
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Trump could cash out his DJT stock within weeks. Here’s what happens if he sells
Former President Donald Trump is on the brink of a significant financial decision that could have far-reaching implications for both his personal wealth and the future of his fledgling social media company, Trump Media & Technology Group (TMTG). As the lockup period on his shares in TMTG, which owns Truth Social, nears its end, Trump could soon be free to sell his substantial stake in the company. However, the potential payday, which makes up a large portion of his net worth, comes with considerable risks for Trump and his supporters.
Trump’s stake in TMTG comprises nearly 59% of the company, amounting to 114,750,000 shares. As of now, this holding is valued at approximately $2.6 billion. These shares are currently under a lockup agreement, a common feature of initial public offerings (IPOs), designed to prevent company insiders from immediately selling their shares and potentially destabilizing the stock. The lockup, which began after TMTG’s merger with a special purpose acquisition company (SPAC), is set to expire on September 25, though it could end earlier if certain conditions are met.
Should Trump decide to sell his shares after the lockup expires, the market could respond in unpredictable ways. The sale of a substantial number of shares by a major stakeholder like Trump could flood the market, potentially driving down the stock price. Daniel Bradley, a finance professor at the University of South Florida, suggests that the market might react negatively to such a large sale, particularly if there aren’t enough buyers to absorb the supply. This could lead to a sharp decline in the stock’s value, impacting both Trump’s personal wealth and the company’s market standing.
Moreover, Trump’s involvement in Truth Social has been a key driver of investor interest. The platform, marketed as a free speech alternative to mainstream social media, has attracted a loyal user base largely due to Trump’s presence. If Trump were to sell his stake, it might signal a lack of confidence in the company, potentially shaking investor confidence and further depressing the stock price.
Trump’s decision is also influenced by his ongoing legal battles, which have already cost him over $100 million in legal fees. Selling his shares could provide a significant financial boost, helping him cover these mounting expenses. However, this move could also have political ramifications, especially as he continues his bid for the Republican nomination in the 2024 presidential race.
Trump Media’s success is closely tied to Trump’s political fortunes. The company’s stock has shown volatility in response to developments in the presidential race, with Trump’s chances of winning having a direct impact on the stock’s value. If Trump sells his stake, it could be interpreted as a lack of confidence in his own political future, potentially undermining both his campaign and the company’s prospects.
Truth Social, the flagship product of TMTG, has faced challenges in generating traffic and advertising revenue, especially compared to established social media giants like X (formerly Twitter) and Facebook. Despite this, the company’s valuation has remained high, fueled by investor speculation on Trump’s political future. If Trump remains in the race and manages to secure the presidency, the value of his shares could increase. Conversely, any missteps on the campaign trail could have the opposite effect, further destabilizing the stock.
As the lockup period comes to an end, Trump faces a critical decision that could shape the future of both his personal finances and Truth Social. Whether he chooses to hold onto his shares or cash out, the outcome will likely have significant consequences for the company, its investors, and Trump’s political aspirations.
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