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Conservatives have had a lot of winning in the past few days: Biden’s disastrous debate, the end of Chevron deference, the end of homeless people setting up encampments anywhere, Trump winning immunity for his official acts as president on J6, and even upending hundreds of J6 convictions.

It’s been a great couple of weeks.

But thanks to the Supreme Court’s unanimous ruling in Moody vs. NetChoice LLC., it’s completely possible no one is ever going to hear about any of it.

The Supreme Court struck down Texas and Florida laws that forced Big Tech to stop censoring their conservative users’ feeds.

A State may not interfere with private actors’ speech to advance its own vision of ideological balance. States (and their citizens) are of course right to want an expressive realm in which the public has access to a wide range of views. But the way the First Amendment achieves that goal is by preventing the government from ’tilt[ing] public debate in a preferred direction,’ Sorrell v. IMS Health Inc., 564 U. S. 552, 578 – 579, not by licensing the government to stop private actors from speaking as they wish and preferring some views over others.

A State cannot prohibit speech to rebalance the speech market. That unadorned interest is not ‘unrelated to the suppression of free expression.’ And Texas may not pursue it consistent with the First Amendment.

In other words, according to the Supreme Court, censorship is protected by the Big Tech companies “editorial” First Amendment rights, though the court also ruled last year that they are still immune from any responsibility for harm caused by their editorial positions according to Section 230.

Yep, they can censor and oppress as much as they want, as long as the government is not directly the one doing the censoring and oppressing.

Except, of course, they also ruled that the government can tell Big Tech what to censor.

I don’t think you have to be a lawyer to understand how all of this is going to affect the election come November.

Everyone will be back to thinking Biden is “sharp as a tack” before you know it. 👇


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