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Supreme Court to debate whether White House crosses First Amendment line on social media disinformation

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For doctors like Eileen Barrett, a pending Supreme Court case challenging the government’s ability to communicate with social media companies isn’t principally a fight about the fraught politics of online speech.

Instead, they say, it’s a matter of life and death.

“I have seen countless statements that are at best problematic and at worst flat-out disinformation that I’m terribly fearful are causing harm to patients,” said Barrett, who chairs the board of regents of the American College of Physicians. “We’ve all taken care of somebody who has died from the flu. And now we’ve all taken care of people who have died from Covid.”

Biden administration officials have for years persuaded social media platforms such as Facebook and X to take down posts that include misinformation about vaccines, the Covid-19 pandemic and the 2020 election, among other things.

But the Supreme Court must now decide whether those efforts go too far – when the government, in other words, veers into censorship on social media that violates the First Amendment.

The case could prove pivotal to the 2024 election. Its outcome could determine whether the Department of Homeland Security can legally flag posts to social media companies that may be the work of foreign disinformation agents seeking to disrupt the race. Blocking that line of communication would undo years of collaboration that began as a response to bombshell revelations that Russia tried to meddle in the 2016 US elections.

Republican officials in two states – Missouri and Louisiana – and five social media users sued over the practice in 2022, arguing that the White House did far more than “persuade” the tech giants to take down a few deceptive posts. Instead, they say, the Biden administration engaged in an informal, backdoor campaign of coercion to silence voices it disagreed with — a practice known as “jawboning.”

They say the decision by social media companies to suppress coverage of Hunter Biden’s laptop in late 2020 is evidence of the type of unconstitutional government influence they are challenging. The plaintiffs also say the FBI leaned on platforms to remove content it identified as “foreign” when the posts were actually written by Americans.

“The result of this was to silence entire narratives,” said Jenin Younes, litigation counsel for the New Civil Liberties Alliance, a legal advocacy group that frequently challenges government regulations and that is representing the private plaintiffs in the case. “Policies were adopted without the public hearing those views and that’s exactly why we have a First Amendment, so the government can’t do stuff like that.”

Oral arguments in the case, Murthy v. Missouri, arrive at a moment when courts and policymakers are grappling with the power of social media to influence everything from a patient’s medical decisions to the outcome of a presidential election. At times the debates around social media have prompted bipartisan responses, such as legislation approved by the House on Wednesday that could lead to a nationwide ban against TikTok.

But legal fights over social media at the Supreme Court this year have taken on a partisan hue.

The high court is also considering state laws approved by Florida and Texas designed to stop social media giants from throttling conservative views. Those laws are being challenged by a trade group representing social media firms that has claimed they trample over the companies’ First Amendment rights.

The First Amendment bars government-imposed restrictions on free speech. That prohibition doesn’t extend to private entities like Facebook, which are free to make whatever decisions about content they choose.

But the Supreme Court has ruled in past decisions that private entities can become “state actors,” and be subject to First Amendment scrutiny, when the government compels them to take action.

The administration argues it did not compel platforms to do anything because, it says, it never threatened social media companies with negative consequences if they refused to heed its advice.

“Government officials do not violate the First Amendment when they speak in public or in private to inform, to persuade, or to criticize speech by others,” the US government wrote in a brief.

Testimony in the case by an FBI official showed that social media companies frequently made their own decisions about how to handle input from the government. In many situations, the official testified, companies flat-out ignored the government’s flags or suggestions about content that appeared to violate their own terms of service.

Internal communications related to Twitter’s handling of the Hunter Biden laptop story also highlighted how high-level company officials were divided on whether to suppress coverage of the story, contrary to suggestions by some critics that social media platforms demoted it because of government pressure or their own ideological bias.

“The government has no authority to threaten platforms into censoring protected speech,” said Alex Abdo with the Knight First Amendment Institute at Columbia University. “But it must have the ability to participate in public discourse so that it can effectively govern and inform the public of its views.”

Conservative judges have sided with challengers thus far

A federal judge in Louisiana who initially reviewed the case blocked the White House and a slew of federal agencies from communicating with social media companies about removing content in a sweeping preliminary injunction last year.

A three-judge panel of the 5th US Circuit Court of Appeals scaled back the injunction last fall, narrowing its scope to a few agencies it said likely violated the First Amendment: the White House, US Surgeon General Vivek Murthy, the Centers for Disease Control and Prevention, the Cybersecurity and Infrastructure Security Agency and the FBI.

After the Biden administration filed an emergency appeal last year, the Supreme Court temporarily paused the injunction – in other words, allowing federal officials to continue the communications – and agreed to hear the case.

Conservative Justices Samuel Alito, Neil Gorsuch and Clarence Thomas said they disagreed with that decision.

“At this time in the history of our country, what the court has done, I fear, will be seen by some as giving the government a green light to use heavy-handed tactics to skew the presentation of views on the medium that increasingly dominates the dissemination of news,” Alito wrote. “That is most unfortunate.”

The dispute has drawn interest from state and county election officials who are worried about a decision that might limit their ability to fight election disinformation. In a separate brief, media organizations warn of a “chilling of the free flow of information” if the court rules broadly for the plaintiffs. Independent presidential candidate Robert F. Kennedy Jr., who has opposed Covid-19 vaccines and policies intended to reduce the spread of the virus, tried to intervene in the case but was denied.

A ruling against the US government would threaten research and speech by independent watchdogs and discourage vital work to secure America’s elections, according to civil rights advocates.

“Information sharing between and among government agencies, voting rights organizations, and social media companies is crucial in guarding against emerging threats, particularly to vulnerable communities,” a trio of prominent civil rights groups wrote in a filing.

From the doctors’ perspective, the trends around vaccine hesitancy are moving in the wrong direction. Dr. Benjamin Hoffman, president of the American Academy of Pediatrics, blames misinformation on social media as a big part of the reason why.

The medical groups, which are supporting the Biden administration, were represented by Democracy Forward Foundation, a left-leaning legal advocacy group.

“We have to deal day in and day out with the ramifications of myths and disinformation around health issues, in general, but specifically about vaccines,” said Hoffman, a practicing pediatrician in Oregon. “While our concern is not necessarily the crux of the Supreme Court case, the impact is really, really significant.”

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Sutherland House Experts Book Publishing Launches To Empower Quiet Experts

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Sutherland House Experts is Empowering Quiet Experts through
Compelling Nonfiction in a Changing Ideas Landscape

TORONTO, ON — Almost one year after its launch, Sutherland House Experts is reshaping the publishing industry with its innovative co-publishing model for “quiet experts.” This approach, where expert authors share both costs and profits with the publisher, is bridging the gap between expertise and public discourse. Helping to drive this transformation is Neil Seeman, a renowned author, educator, and entrepreneur.

“The book publishing world is evolving rapidly,” publisher Neil Seeman explains. “There’s a growing hunger for expert voices in public dialogue, but traditional channels often fall short. Sutherland House Experts provides a platform for ‘quiet experts’ to share their knowledge with the broader book-reading audience.”

The company’s roster boasts respected thought leaders whose books are already gaining major traction:

• V. Kumar Murty, a world-renowned mathematician, and past Fields Institute director, just published “The Science of Human Possibilities” under the new press. The book has been declared a 2024 “must-read” by The Next Big Ideas Club and is receiving widespread media attention across North America.

• Eldon Sprickerhoff, co-founder of cybersecurity firm eSentire, is seeing strong pre-orders for his upcoming book, “Committed: Startup Survival Tips and Uncommon Sense for First-Time Tech Founders.”

• Dr. Tony Sanfilippo, a respected cardiologist and professor of medicine at Queen’s University, is generating significant media interest with his forthcoming book, “The Doctors We Need: Imagining a New Path for Physician Recruitment, Training, and Support.”

Seeman, whose recent and acclaimed book, “Accelerated Minds,” explores the entrepreneurial mindset, brings a unique perspective to publishing. His experience as a Senior Fellow at the University of Toronto’s Institute of Health Policy, Management and Evaluation, and academic affiliations with The Fields Institute and Massey College, give him deep insight into the challenges faced by people he calls “quiet experts.”

“Our goal is to empower quiet, expert authors to become entrepreneurs of actionable ideas the world needs to hear,” Seeman states. “We are blending scholarly insight with market savvy to create accessible, impactful narratives for a global readership. Quiet experts are people with decades of experience in one or more fields who seek to translate their insights into compelling non-fiction for the world,” says Seeman.

This fall, Seeman is taking his insights to the classroom. He will teach the new course, “The Writer as Entrepreneur,” at the University of Toronto, offering aspiring authors practical tools to navigate the evolving book publishing landscape. To enroll in this new weekly night course starting Tuesday, October 1st, visit:
https://learn.utoronto.ca/programs-courses/courses/4121-writer-entrepreneur

“The entrepreneurial ideas industry is changing rapidly,” Seeman notes. “Authors need new skills to thrive in this dynamic environment. My course and our publishing model provide those tools.”

About Neil Seeman:
Neil Seeman is co-founder and publisher of Sutherland House Experts, an author, educator, entrepreneur, and mental health advocate. He holds appointments at the University of Toronto, The Fields Institute, and Massey College. His work spans entrepreneurship, public health, and innovative publishing models.

Follow Neil Seeman:
https://www.neilseeman.com/
https://www.linkedin.com/in/seeman/

Follow Sutherland House Experts:

https://sutherlandhouseexperts.com/
https://www.instagram.com/sutherlandhouseexperts/

Media Inquiries:
Sasha Stoltz | Sasha@sashastoltzpublicity.com | 416.579.4804
https://www.sashastoltzpublicity.com

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What to stream this weekend: ‘Civil War,’ Snow Patrol, ‘How to Die Alone,’ ‘Tulsa King’ and ‘Uglies’

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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.”

AP Film Writer Lindsey Bahr

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.

Alicia Rancilio

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.

Lou Kesten

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Trump could cash out his DJT stock within weeks. Here’s what happens if he sells

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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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