In January 2021, after the lil bird kicked off Donald Trump, Texas attorney general Ken Paxton said he would investigate Twitter’s “content moderation” (aka censorship) policies.
Twitter didn’t like this idea. So it went running to its home courts in California to try to get them to quash Paxton’s investigation before his office had tried to enforce a single subpoena.
Because First Amendment, which Twitter appeared to think protects it from any and all legal and governmental scrutiny.
Things have not gone as planned for the lil bird.
On Wednesday, following some back-and-forth, three 9th Circuit judges blew Twitter out of the water. They found that Twitter’s effort to block the investigation was not “ripe,” because Texas hadn’t actually gone to court to enforce its requests.
By itself, that portion of the ruling was more procedural than substantive. But the judges didn’t stop there.
They destroyed Twitter’s claim that the First Amendment prevents any scrutiny of whether the company is being honest with the public - and its users - about the way it reviews and censors content:
Even if content moderation is protected speech, making misrepresentations about content moderation policies is not. See Va. State Bd. Of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 US 748, 772 (1976) (misleading commercial speech is not protected).
Even worse for the little bird, the judges specifically rejected Twitter’s claim that its own statements that it is committed to free speech are nonsense which no one should take seriously (yes, Twitter actually made this argument).
Twitter argues that OAG’s investigation is illegitimate because matters of “editorial judgment” can never be investigated. In doing so, it analogizes its statements about content moderation (that it moderates content without considering viewpoint) to the slogans like “all the news that’s fit to print” and “fair and balanced.” Twitter and amici also rely on cases highlighting the dangers in “government editorial oversight.” See Miami Herald Publ’g Co. v. Tornillo, 418 U.S. 241, 258 (1974); Bullfrog Films, Inc. v. Wick, 847 F.2d 502, 510 (9th Cir. 1988).
We reject these arguments. First, Bullfrog Films and Miami Herald addressed government regulations or statutes which themselves required balance. 847 F.2d at 505 (federal regulations); 418 U.S. at 244 (state statute). Here, by contrast, Twitter has made statements about balance, and so the danger from Bullfrog Films and Miami Herald is absent. Twitter’s statements can be investigated as misleading just like the statements of any other business.
Second, Twitter’s analogy to “all the news that’s fit to print” is a puffery argument, the essence of which is that no one would understand its statements about content moderation to be literally true. We disagree. No one believes that the New York Times literally prints “all the news that’s fit to print,” but a reasonable person could think that Twitter’s statements about content moderation were true.
The hardest working AG in the country! I'm happy to be paying this man's salary! They're also suing the CDC over masks as of a couple weeks ago, thanks to the wonderful state of Texas.
What's interesting to me is that now the Federal government including Vivek Murthy, are going to decide what is misinformation. So it's bigger than Twitter. If this power is given to the government then we are screwed. Who do we sue for that?
Way to go Ken Paxton! Sadly, stalking horse spoilers like Gohmert have forced him into a runoff with a member of the corrupt global neo"con" Bush crime family. Please donate to Paxton's campaign. Last thing we need is a viable Bush to resuscitate the franchise. 🤢🤮
Ken Paxton Campaign, P.O. Box 3476 McKinney, Texas 75070; KenPaxton.com
Send checks; don't use WinRed (controlled by Romney) or 4% goes to elect corrupt RINOs & neo'cons' +fee to Woke Visa/MC/etc. 100% of check goes to your candidate. Banks cover online check postage. Put "OwnMoney,Over18,USCitizen,Retired" in memo. <=$70 not singled out for disclosure in TX.
I don't use FaceBook and Twitter. I refuse to do so. These companies are the enemy of the state and they are aligned with the far-left Democrat party. They censor things that make Biden look bad, make Covid look treatable, and make vaccines look bad. They threw Trump off of twitter for what??? For being a conservative. These people in Big Tech, Hollywood, the mainstream media, and academia really have no respect for conservatives and therefore, I will take my business elsewhere. In addition to ridding my life of FB and Twitter, I do not watch mainstream media, I don't watch SNL, late night shows, and most of the trash hollywood puts out. If I were to see a "celebrity" I could care less. I have no respect for these people as I do not approve of their behavior.
Twitter's recent implementation of the downvote, which likely allows its users to have input into the algorithm that makes a tweet less accessible, may have been done in anticipation of such a ruling. Allows Twitter to strengthen echo chambers while alleviating it of its perceived editorial responsibilities.
👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼‼️....and, Alex... have you heard about Facebook’s recent mail out to only CERTAIN users, not all? I received an e-mail from FB stating I am REQUIRED to get Facebook Protect (2auth + more) within 15 days or booted off FB. Supposedly under the guise that this step will protect ME from hackers. Not ALL users received this notice. Supposedly FB Protect is for Group ADmins, politicians, etc., But!!! I am just a retired Catholic school teacher - insignificant being! What’s up with this?!? I fear getting the Protect, for perhaps it’s setting up blocking of communication - sharing - by conservative. I am not an activist. However, I DO express (appropriately) my views. Mission creep this thing. I’m waiting for my turn to join Truth Social. If it takes forever, I will wait for TRUTH. I wish you luck vs Twitter birdbrain
Until our government has the balls to breakup the anti-trust leftist coalition of Twitter, Facebook and YouTube, they will continue to censor viewpoints they don't like, either overtly or by shadow banning. How many times have they been caught already? How obvious and egregious was the Twitter/Hunter laptop action shutting down the NY Post for two weeks? Are we to believe all these 'mistakes' are always at the expense of conservative speech?
YOU WILL WIN ALEX! BE sure to have your attorneys ask for Punitive damages as well as anguish/pain/suffering/emotional suffering etc. Your status as the newest multi-millionaire is nearly assured now! Congrats!
It's ridiculous to pretend Fauci and the administration passively watched when Twitter decided to kick Berenson off. Twitter was just following orders.
I haven’t done social media because it is unthinkable to me to have private conversations not only eaves dropped on but supervised under the threat of being cut off from my connections if I don’t indirectly parrot my conversations to the stalker’s approval. How outrageous! At least they are getting done and it’s most overdue.
I hate twitter, Facebook and now Instagram. I cannot stand the pick and choose censorship and banning. I am disgusted by them.
Let me just add, I used to be on instagram, with and only sewing groups, sharing stuff. There was no politics, Some sewists did delve into politics, I did not. I was there for the sewing and enthusiasm.
Well, somehow... I had a facebook account made many years ago that I rarely used. I had some "friends" and my ornery ,nasty, really, brother, so I never went to FB but those two accounts were connected. (??) So, one day last November, I was sent an email that my facebook account had been suspended due to violations I committed. I was never on there, so I could not figure out what that meant. I tried several times to communicate with them, and alas, gave up. Sadly, my instagram account was also deleted. I was crushed for a day or two.
Even a broke clock is right 2x a day…what!?!? the 9th Circus Court actually got something right!!!?!?!!…I read somewhere where they’re turned over by SCOTUS something like 70-80% of the time at one point. Bonus is they get to cite themselves when ruling on Alex B Vs little crap bird. Looks like that RasPUTIN wanna be former CEO bailed in time to go find himself or, better, just get lost, before he becomes victim to his own bird droppings. Got me a bird right here for the little bird, exciting news Alex and for all the 1A fans still left.
Oh my, the lil Bird is exposed here at least in Texas. Very interesting report, thank you Alex and this only a day after I saw my permanent ban at Twatter lifted. A long story but I kept sending appeals pointing out their "apology" for suspending my account never followed with the actual restoration. I remarked about their publishing platform censorship. It hit home with someone there.
It’s Lent which is a time for self discipline. Whether you are religious or not, give up all social media for the next 6 weeks. You’ll be happier! This does not include Substack. Lol!
Excellent. I'm glad their little stunt backfired. The technocrats not only censor us, but invade our privacy with every online interaction. It's about time they are taken to task. I hope not only the Texas lawsuit but your own succeed as well, and for as much money as possible, as that's the only place the technocrats feel pain--in the pocketbook.
Now if only someone would propose a datamining tax to cripple them...it'd be rich to hear them squawk about being being forced to pay for invading people's privacy.
I don't understand. The tech oligarchs, corps like PayPal and banks are practicing view point discrimination and suppressing free speech, free association. and a number of other constitutionally guaranteed freedoms which none of the woketopians, left wing activists judges or nearly the entire Democrat Party establishment, and the entire illegitimate Biden faux adminstrartion, with the exception of two, Joe Manchin and Krysten Sinema, seems to care a hoot about. They should be sued and jailed on that basis alone.
Although we don't have truth in advertising any longer, when a company sells in essence a "free speech" product , you think there might be some applicable regulations that it actually delivers free speech.
I'm a firm believer that the answer to every problem has been covered in an episode of Star Trek.
This problem is covered in the episode entitled I, Mudd. In it Spok utters these immortal words: "Logic is tweeting bird in meadow, Logic is wreath of pretty flowers, which smells bad!"
The reference to twitter and its imminent burial is obvious.
That last statement--"Which is-checks notes-the same circuit..." Yeah. That one made me laugh out loud! You are so delightfully sarcastic, Alex Berenson! Thank you for pushing this issue so hard! You're doing everyone a great service :) My prayers are with you, and a truly hope you and your lawyers DO find out about it ;)
The problem is these social media sites are fulfilling their goals of getting a group together of like unthinking people that they control with the content. The group is more than willing to accept that control, it's more convenient, it's less work. Like the train of thought, where if you "feel" about a subject, that is easier and more comforting than actually spending the energy to investigate the facts. Don't leave the circle/cult that produced the woke idea. Your lack of purity outside the group will be your downfall. They reinforce each other's neurosis, and the spin gets more energy to continue.
There's gonna be quite a few SoyBoys and Purple Hair She/Hims that will be really pissed when you put them out of their misery...not to mention 99% of Hollywood.
I'm not even a high profile person and I deleted my "shitter" account a couple of years ago. I found Telegram to at least a little more user friendly. Good to see that not all of the judiciary is bought off............
Not that this matters but how about we pause for a little minute and read this:
Another of those fake news that turns out to be true:
2012
"The newest version of the National Defense Authorization Act (NDAA) includes an amendment that would legalize the use of propaganda on the American public, reports Michael Hastings of BuzzFeed."
The amendment — proposed by .. — would effectively nullify the Smith-Mundt Act of 1948, which explicitly forbids information and psychological operations aimed at influencing U.S. public opinion."
Alex, I remember the harassment you had to endure for posting the truth on Twitter and in your Unreported Truths booklets. It is still painful for me to think about the way that NYC charity treated you after you had donated to them for decades. So I admit I have a big, broad grin when reading this story and thinking about your possible monetary award from your lawsuit. If it goes in your favor, I expect I’ll be walking around smiling for weeks.
The ironic part is that if Twatter was forced either to actually act as a free speech platform or moderate its content in a neutral manner, it would completely collapse any market value for Truth Social and force Trump to decide if he wanted to be President again or take a long shot on cashing in on a technologically inferior alt platform.
Bye bye birdie. The sooner Twitter TitkTok and Facebook go away, the better for humanity.
The hardest working AG in the country! I'm happy to be paying this man's salary! They're also suing the CDC over masks as of a couple weeks ago, thanks to the wonderful state of Texas.
Couldn’t happen to finer folks.
Congratulations, Alex
Congratulations, humanity
What's interesting to me is that now the Federal government including Vivek Murthy, are going to decide what is misinformation. So it's bigger than Twitter. If this power is given to the government then we are screwed. Who do we sue for that?
“ And it’s in the Ninth Circuit.” A Portland a Oregon radio announcer always calls them the ninth Circus
Twitter has zero right picking winners and losers this is why we American citizens have a constitution here in America.
I'm old enough to remember when the only telephone company was AT&T. Just sayin'.
Way to go Ken Paxton! Sadly, stalking horse spoilers like Gohmert have forced him into a runoff with a member of the corrupt global neo"con" Bush crime family. Please donate to Paxton's campaign. Last thing we need is a viable Bush to resuscitate the franchise. 🤢🤮
Ken Paxton Campaign, P.O. Box 3476 McKinney, Texas 75070; KenPaxton.com
Send checks; don't use WinRed (controlled by Romney) or 4% goes to elect corrupt RINOs & neo'cons' +fee to Woke Visa/MC/etc. 100% of check goes to your candidate. Banks cover online check postage. Put "OwnMoney,Over18,USCitizen,Retired" in memo. <=$70 not singled out for disclosure in TX.
I don't use FaceBook and Twitter. I refuse to do so. These companies are the enemy of the state and they are aligned with the far-left Democrat party. They censor things that make Biden look bad, make Covid look treatable, and make vaccines look bad. They threw Trump off of twitter for what??? For being a conservative. These people in Big Tech, Hollywood, the mainstream media, and academia really have no respect for conservatives and therefore, I will take my business elsewhere. In addition to ridding my life of FB and Twitter, I do not watch mainstream media, I don't watch SNL, late night shows, and most of the trash hollywood puts out. If I were to see a "celebrity" I could care less. I have no respect for these people as I do not approve of their behavior.
Twitter's recent implementation of the downvote, which likely allows its users to have input into the algorithm that makes a tweet less accessible, may have been done in anticipation of such a ruling. Allows Twitter to strengthen echo chambers while alleviating it of its perceived editorial responsibilities.
👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼‼️....and, Alex... have you heard about Facebook’s recent mail out to only CERTAIN users, not all? I received an e-mail from FB stating I am REQUIRED to get Facebook Protect (2auth + more) within 15 days or booted off FB. Supposedly under the guise that this step will protect ME from hackers. Not ALL users received this notice. Supposedly FB Protect is for Group ADmins, politicians, etc., But!!! I am just a retired Catholic school teacher - insignificant being! What’s up with this?!? I fear getting the Protect, for perhaps it’s setting up blocking of communication - sharing - by conservative. I am not an activist. However, I DO express (appropriately) my views. Mission creep this thing. I’m waiting for my turn to join Truth Social. If it takes forever, I will wait for TRUTH. I wish you luck vs Twitter birdbrain
Until our government has the balls to breakup the anti-trust leftist coalition of Twitter, Facebook and YouTube, they will continue to censor viewpoints they don't like, either overtly or by shadow banning. How many times have they been caught already? How obvious and egregious was the Twitter/Hunter laptop action shutting down the NY Post for two weeks? Are we to believe all these 'mistakes' are always at the expense of conservative speech?
YOU WILL WIN ALEX! BE sure to have your attorneys ask for Punitive damages as well as anguish/pain/suffering/emotional suffering etc. Your status as the newest multi-millionaire is nearly assured now! Congrats!
I love reading & watching all the media coverage of these lawsuits…
Oh wait….nevermind.
Be sure to thank Donald Trump for the conservative shift of the 9th circuit court.
It's ridiculous to pretend Fauci and the administration passively watched when Twitter decided to kick Berenson off. Twitter was just following orders.
sheesh, am I the only one who reads here who doesn't give a shit about Bitter?!
If that media site died tomorrow, I wouldn't even take a shit in its honor...
🐦🐦🐦🐦🐦 <5 bird rating> from the 9th circuit😵😵😲
Twitter is worse than worthless, and Facebook does more harm than good. Some other platforms, like TokTok, are probably even worse for society.
I haven’t done social media because it is unthinkable to me to have private conversations not only eaves dropped on but supervised under the threat of being cut off from my connections if I don’t indirectly parrot my conversations to the stalker’s approval. How outrageous! At least they are getting done and it’s most overdue.
I hate twitter, Facebook and now Instagram. I cannot stand the pick and choose censorship and banning. I am disgusted by them.
Let me just add, I used to be on instagram, with and only sewing groups, sharing stuff. There was no politics, Some sewists did delve into politics, I did not. I was there for the sewing and enthusiasm.
Well, somehow... I had a facebook account made many years ago that I rarely used. I had some "friends" and my ornery ,nasty, really, brother, so I never went to FB but those two accounts were connected. (??) So, one day last November, I was sent an email that my facebook account had been suspended due to violations I committed. I was never on there, so I could not figure out what that meant. I tried several times to communicate with them, and alas, gave up. Sadly, my instagram account was also deleted. I was crushed for a day or two.
I hate them.
Twitter just took down my almost 15 year account, @janamurray. Very glad to see them go into the bin of technocratic tyranny. We all need reparations!
Even a broke clock is right 2x a day…what!?!? the 9th Circus Court actually got something right!!!?!?!!…I read somewhere where they’re turned over by SCOTUS something like 70-80% of the time at one point. Bonus is they get to cite themselves when ruling on Alex B Vs little crap bird. Looks like that RasPUTIN wanna be former CEO bailed in time to go find himself or, better, just get lost, before he becomes victim to his own bird droppings. Got me a bird right here for the little bird, exciting news Alex and for all the 1A fans still left.
Oh my, the lil Bird is exposed here at least in Texas. Very interesting report, thank you Alex and this only a day after I saw my permanent ban at Twatter lifted. A long story but I kept sending appeals pointing out their "apology" for suspending my account never followed with the actual restoration. I remarked about their publishing platform censorship. It hit home with someone there.
It’s Lent which is a time for self discipline. Whether you are religious or not, give up all social media for the next 6 weeks. You’ll be happier! This does not include Substack. Lol!
FJB & Fauci & Trudeau & Macron &
twitter.🤘🔥🤘🚂🇺🇸
Excellent. I'm glad their little stunt backfired. The technocrats not only censor us, but invade our privacy with every online interaction. It's about time they are taken to task. I hope not only the Texas lawsuit but your own succeed as well, and for as much money as possible, as that's the only place the technocrats feel pain--in the pocketbook.
Now if only someone would propose a datamining tax to cripple them...it'd be rich to hear them squawk about being being forced to pay for invading people's privacy.
Why when it comes to Russia do you believe MSM..
Have you not seen the trend? If it gets blocked as misinformation..it's probably true and against the narrative.
You lose all credibility when you use the same sources you spent the last 2 years railing against.
Blocking western media and criminalizing disinformation..is the same thing the west did.
Why can't Russia do it. The west blocked doctors and politicians and the ex president 2 days after he was no longer president.
Because they didn't like what he was saying.
I don't understand. The tech oligarchs, corps like PayPal and banks are practicing view point discrimination and suppressing free speech, free association. and a number of other constitutionally guaranteed freedoms which none of the woketopians, left wing activists judges or nearly the entire Democrat Party establishment, and the entire illegitimate Biden faux adminstrartion, with the exception of two, Joe Manchin and Krysten Sinema, seems to care a hoot about. They should be sued and jailed on that basis alone.
Alex, you're lucky Trump fixed what was the "Ninth Circus." You owe him a fruit basket.
Although we don't have truth in advertising any longer, when a company sells in essence a "free speech" product , you think there might be some applicable regulations that it actually delivers free speech.
Shoot Alex, you are talking more and more like a Republican....
Please please please analyze the just released Pfizer data. Your silence on it is super weird. Mortality rate 3 percent. 1250 dead out of 42,500
I'm a firm believer that the answer to every problem has been covered in an episode of Star Trek.
This problem is covered in the episode entitled I, Mudd. In it Spok utters these immortal words: "Logic is tweeting bird in meadow, Logic is wreath of pretty flowers, which smells bad!"
The reference to twitter and its imminent burial is obvious.
Cannot wait to see Goliath with a rock between its eyes !
Alex kick their ass please.
That last statement--"Which is-checks notes-the same circuit..." Yeah. That one made me laugh out loud! You are so delightfully sarcastic, Alex Berenson! Thank you for pushing this issue so hard! You're doing everyone a great service :) My prayers are with you, and a truly hope you and your lawyers DO find out about it ;)
The problem is these social media sites are fulfilling their goals of getting a group together of like unthinking people that they control with the content. The group is more than willing to accept that control, it's more convenient, it's less work. Like the train of thought, where if you "feel" about a subject, that is easier and more comforting than actually spending the energy to investigate the facts. Don't leave the circle/cult that produced the woke idea. Your lack of purity outside the group will be your downfall. They reinforce each other's neurosis, and the spin gets more energy to continue.
There's gonna be quite a few SoyBoys and Purple Hair She/Hims that will be really pissed when you put them out of their misery...not to mention 99% of Hollywood.
I'm not even a high profile person and I deleted my "shitter" account a couple of years ago. I found Telegram to at least a little more user friendly. Good to see that not all of the judiciary is bought off............
Truth Social can pick them up and on the back side and trash them!
Looking forward to Alex with egg on his face regarding Ivermectin. And all the monies his types got for avoiding it.
Not that this matters but how about we pause for a little minute and read this:
Another of those fake news that turns out to be true:
2012
"The newest version of the National Defense Authorization Act (NDAA) includes an amendment that would legalize the use of propaganda on the American public, reports Michael Hastings of BuzzFeed."
The amendment — proposed by .. — would effectively nullify the Smith-Mundt Act of 1948, which explicitly forbids information and psychological operations aimed at influencing U.S. public opinion."
https://www.businessinsider.com/ndaa-legalizes-propaganda-2012-5?op=1
God I love love you Alex Berenson!
Just take away their 230 protections and let us sue them into poverty.
Fuck the jews who run Twitter!
Prediction: Alex's Twitter is restored within the next ten days.
Alex, I remember the harassment you had to endure for posting the truth on Twitter and in your Unreported Truths booklets. It is still painful for me to think about the way that NYC charity treated you after you had donated to them for decades. So I admit I have a big, broad grin when reading this story and thinking about your possible monetary award from your lawsuit. If it goes in your favor, I expect I’ll be walking around smiling for weeks.
Go Alex - knock the stuffing out of that bird!
The ironic part is that if Twatter was forced either to actually act as a free speech platform or moderate its content in a neutral manner, it would completely collapse any market value for Truth Social and force Trump to decide if he wanted to be President again or take a long shot on cashing in on a technologically inferior alt platform.