>>20619047. Portion of the article
Free speech hangs in the balance in 3 Supreme Court cases
…The sweeping quality of Jackson’s remarks shows that the relativistic views of free speech may now have a new champion on the court.
In a second case, National Rifle Association of America v. Vullo, the court considered an effort by a New York regulator to discourage banks and insurers from working with the NRA. Maria Vullo, who ran New York’s Department of Financial Services, allegedly used her office to pressure these businesses to cut off financial support for the nation’s leading gun rights organization.
As with Murthy, the Vullo case captures one of the principal tactics used by the anti-free speech movement in attacking the advertisers and businesses of targeted individuals and groups. One such government grant resulted in a list of the 10 most dangerous sites for advertisers to avoid, a list that happened to consist of popular conservative and libertarian news sites.
The idea of a Democratic New York regulator targeting a conservative civil rights organization did not appear particularly troubling in oral argument for some of the justices. In fact, the views expressed by some of the justices were appallingly dismissive. Justice Elena Kagan asked, “if reputational risk is a real thing, and if gun companies or gun advocacy groups impose that kind of reputational risk, isn’t it a bank regulator’s job to point that out?”
In the third case, Gonzalez v. Trevino, the court was considering the arrest of Sylvia Gonzalez, a 72-year-old former councilwoman in Castle Hills, Texas. She earned the ire of the sheriff, mayor and other officials with her criticisms of their conduct. She was subsequently charged with inappropriately removing a government document (a citizen petition) that she had mistakenly put with other papers. The charges were later dropped. The case smacked of retaliation — there is no evidence that anyone else has faced such a charge in similar circumstances.
The case resonates with many who believe that the legal system is being politically weaponized in this country. Many of us are appalled by the Gonzales case. However, in this case, the support for the government seemed to come from the right of the court, including the author of a prior decision limiting such challenges, Chief Justice John Roberts.
The free speech trifecta, therefore, covers the three areas of greatest concern for the free speech community: censorship, blacklisting and weaponization. The resulting opinions could curtail or magnify such abuses. For example, the social media case (Murthy) seemed to trouble the justices as to where to draw a line on coercion. If the court simply declines to draw such a line and rules for the government, it will likely fuel new censorship efforts by federal agencies.
What is disconcerting about the views expressed byJustices Kagan, Jackson and Sonia Sotomayorin two of the cases is not that they are outliers. The problem is that liberal justices long acted as the bulwark for free speech on the court.They are now viewed as the weakest link, often dismissive or hostile to free speech arguments.
When Justice Jackson defends the right of the government to coerce speech, she follows a long legacy of speech relativistson the court, including the earlier Justice Robert Jackson. He had warned that the court needed to approach speech prosecutions with “a little practical wisdom,” so as not to “convert the constitutional Bill of Rights into a suicide pact.”
The currentJustice Jacksonseemed to channel the same practicalities over principle in stressing that “you’ve got the First Amendment operating in an environment of threatening circumstances from the government’s perspective.” (She doesn’t know or agree with the constitution because she got on the highest court on land by a stlolen election)
The view of speech as harm or violence is all the rage on college campuses, and also in many Western countrieswhere free speech is in a free fall. France, Canada and the United Kingdom now regularly arrest people for expressing hateful or controversial viewpoints. Those same anti-free speech arguments are now being heard in our own Congress and colleges in the U.S.
It is not clear how the court will decide these cases. One fear is that it could retreat to blurry lines that leave us all uncertain about what speech is protected. In an area that demands bright lines to prevent the chilling effect on speech, such vague outcomes could be lethal.
The government loves ambiguity when it comes to speech regulation. It now may have found new voices on the left side of the court to join in the ignoble effort of combating free speech. That renewed effort to introduce “a little practical wisdom” could mean a lot less freedom for Americans.
(https://thehill.com/opinion/judiciary/4551132-free-speech-hangs-in-the-balance-in-three-supreme-court-cases/