Get the latest tech news
Good News, SCOTUS May Sometimes Still Think The First Amendment Makes Censoring The Internet Illegal, But Good Luck Getting Them To Do Anything About It
There was a colloquy at oral argument earlier this year in the Free Speech Coalition v. Paxton case between Justice Kavanaugh and FSC that raised the unsettling prospect that at least several of th…
In that case, the bad Texas law had already been enjoined by the district court (correctly) applying strict scrutiny, but then the Fifth Circuit had dumped the injunction by using a rational basis standard instead. Meanwhile, in addition to upending settled First Amendment law, particularly with regard to age-gating, nothing that SCOTUS has done since then has done anything to dispel the concern that it understands the importance of injunctions to protect people from unlawful if not also unconstitutional incursions on their rights. But here we are, with that irreparable injury now being welcomed by a majority of SCOTUS justices, for whom the ancient judicial tool of preliminary injunctive relief is apparently no longer a thing, and because it is the result of yet another unsigned shadow docket maneuver we’ll still never know why.
Or read this on r/technology