Short Circuit  cover image

Short Circuit

Short Circuit 292 | Infallible Online

Oct 3, 2023
Ken White, a/k/a Popehat, joins the show to discuss the Fifth Circuit litigation about pressure from the Biden Administration on social media companies. They also delve into a case of judicial immunity and the copyright of 'the law'. Interesting topics include free speech, government influence on social media, and the impact of technical standards on industrial contracting.
39:57

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

  • The Fifth Circuit's evaluation of Missouri v. Biden provided a clearer understanding of the government's influence on social media platforms and its implications for the First Amendment rights of internet users during the COVID-19 pandemic.
  • The case in the Sixth Circuit, Orta v. Repp, highlights the abuse of judicial discretion when a judge accused a woman without evidence, leading to her being held in contempt of court and sentenced to jail. This raises questions about the limits of judicial immunity and the need for exceptions when judges face consequences for their actions.

Deep dives

Fifth Circuit reviews Missouri versus Biden case on First Amendment rights

The Fifth Circuit recently reviewed a case involving Missouri and Louisiana states, as well as internet users, against Joe Biden and the Department of Health and Human Services. The lawsuit focused on whether the government violated people's First Amendment rights by influencing social media platforms to moderate or ban them during the COVID-19 pandemic. The trial court initially found the government's actions to be a First Amendment violation, but the controversial decision led to partisan interpretations. However, the Fifth Circuit's thorough evaluation of the laws and evidence in a lengthy opinion provided a clearer understanding of the case, defining the government's role in arm-twisting social media platforms. The circuit's decision influenced a more objective examination of the First Amendment issues involved in the case.

Get the Snipd
podcast app

Unlock the knowledge in podcasts with the podcast player of the future.
App store bannerPlay store banner

AI-powered
podcast player

Listen to all your favourite podcasts with AI-powered features

Discover
highlights

Listen to the best highlights from the podcasts you love and dive into the full episode

Save any
moment

Hear something you like? Tap your headphones to save it with AI-generated key takeaways

Share
& Export

Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more

AI-powered
podcast player

Listen to all your favourite podcasts with AI-powered features

Discover
highlights

Listen to the best highlights from the podcasts you love and dive into the full episode