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Notes -
It is an interesting question how far govt can go in cooperating with third parties who have a policy of restricting rights which are protected from infringement by govt. If I have a "no Irishmen allowed" rule at my business, can a govt agent alert me that a certain customer is Irish?
But I agree that the decision is not super well reasoned. Eg, it says:
But, targeting one side of an issue, eg vaccine denial, is already viewpoint discrimination. The fact that it is coded conservative (assuming it is) adds nothing to the question of whether strict scrutiny applies.
This isn't actually how things happened if you read the complaint - this would be more akin to the government informing you that you have to implement a "no Irishmen allowed" rule at your business, and then constantly sending you lists of "Irish" people that are sometimes Irish but always members of a political faction opposed to the government.
Not so much "have to" but strongly suggested to, and we also have this Section 230 sword of Damocles hanging over your head that will drop if you're not cooperative enough.
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I used that example because it is one of the things that the injunction bars the govt from doing. It also bars the govt from urging changes in rules, as you note, but that is an easier case.
BTW, I would be cautious is assuming that what is alleged in a complaint is "actually how things happened," since that is rarely the case.
I'm not making assumptions - the complaint is in large part based on the twitter files that I've already read. I've already seen the emails and communications from White House officials that were the motivating reason behind this legal effort, and anyone who has been paying attention will have as well.
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What exactly are you saying here?
What true statements do you think are being barred from being said?
I would hope that a statement like "Facebook Post #12345657 is related to an Issue of Interest wink, wink." would be against the (new?) law if it was sent from the FBI to Facebook. As far as I can tell, that's all that happened to trigger this case.
"This is a nice restaurant you have here. It would be a shame if anything happened to it." is likely a true statement, but in its typical context, illegal anyway.
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The list of targeted ideas:
I think the government may have preserved its viewpoint neutrality if it had also gone after those that were overstating the risks of COVID-19, or those speculating that the 2020 election was going to be rigged in Trump's favor. Maybe it did and that'll come out later.
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