1 Jul 2024

The Supreme Court keeps hold on efforts in Texas and Florida to regulate social media platforms

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By MARK SHERMAN

WASHINGTON (AP) — The Supreme Court on Monday kept a hold on efforts in Texas and Florida to limit how Facebook, TikTok, X, YouTube and other social media platforms regulate content posted by their users.

The justices returned the cases to lower courts in challenges from trade associations for the companies.

While the details vary, both laws aimed to address conservative complaints that the social media companies were liberal-leaning and censored users based on their viewpoints, especially on the political right. The cases are among several this term in which the justices are wrestling with standards for free speech in the digital age.

The Florida and Texas laws were signed by Republican governors in the months following decisions by Facebook and Twitter, now X, to cut then-President Donald Trump off over his posts related to the Jan. 6, 2021, attack on the U.S. Capitol by his supporters.

Trade associations representing the companies sued in federal court, claiming that the laws violated the platforms’ speech rights. One federal appeals court struck down Florida’s statute, while another upheld the Texas law. But both were on hold pending the outcome at the Supreme Court.

In a statement when he signed the Florida measure into law, Gov. Ron DeSantis said it would be “protection against the Silicon Valley elites.”

When Gov. Greg Abbott signed the Texas law, he said it was needed to protect free speech in what he termed the new public square. Social media platforms “are a place for healthy public debate where information should be able to flow freely — but there is a dangerous movement by social media companies to silence conservative viewpoints and ideas,” Abbott said. “That is wrong, and we will not allow it in Texas.”

But much has changed since then. Elon Musk purchased Twitter and, besides changing its name, eliminated teams focused on content moderation, welcomed back many users previously banned for hate speech and used the site to spread conspiracy theories.

President Joe Biden’s administration sided with the challengers, though it cautioned the court to seek a narrow ruling that maintained governments’ ability to impose regulations to ensure competition, preserve data privacy and protect consumer interests. Lawyers for Trump filed a brief in the Florida case that had urged the Supreme Court to uphold the state law.

The cases are among several the justices have grappled with over the past year involving social media platforms, including one decided last week in which the court threw out a lawsuit from Louisiana, Missouri and other parties accusing federal officials of pressuring social media companies to silence conservative points of view.

During arguments in February, the justices seemed inclined to prevent the laws from taking effect. Several justices suggested then that they viewed the platforms as akin to newspapers that have broad free-speech protections, rather than like telephone companies, known as common carriers, that are susceptible to broader regulation.

But two justices, Samuel Alito and Clarence Thomas, appeared more ready to embrace the states’ arguments. Thomas raised the idea that the companies are seeking constitutional protection for “censoring other speech.” Alito also equated the platforms’ content moderation to censorship.

The justices also worried about too broad a ruling that might affect businesses that are not the primary targets of the laws, including e-commerce sites like Uber and Etsy and email and messaging services.

___

1 Jul 2024

Editor’s Letter: Introducing Our July/August Issue

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Texas Observer readers,

One challenge of practicing journalism over the long haul is the feeling you get when—despite all the bombshell investigations, the longform humanizing features, the television exposés, the biting commentaries, and even the podcast series—you see the same underlying issues or injustices persist. You can start to feel that you’re rewriting the same story, shouting your fact-checked findings into the proverbial void.

In Texas, we’re gritting our teeth through another blistering summer, our only hope that it will be marginally more tolerable than the last, though the long-term trajectory is baked into the atmosphere by past mistakes and malfeasance. After years of halting progress by the immigrant rights movement, a Democratic president is reverting to an asylum crackdown at the southern border for perceived political gain. Donald Trump might be our next commander-in-chief, again, and Ken Paxton is still our attorney general. The governor has largely won his war against rebellious Republicans who dared oppose school privatization, setting up a raid on our most important public institution next legislative session—proving that, even two decades into unified control, the Texas GOP always has something more it can pillage or profane. 

But one thing about us journalists? We keep working. In Texas, we may be living in a burning house, but, call us crazy, we’re dialing up the fire chief for comment on our evidence about who lit the match. 

The cover of the July/August 2024 issue of the Texas Observer

On occasion, we reporters get to see our work trigger short-term impact: A law changes, a CEO is fired, a conviction is overturned. Other times, we can see our stories graft onto and advance a larger process of cultural or social change. But, often, we must simply do our work on a sort of faith. We know democracy requires a stream of verified facts, rigorous analysis, and empathetic storytelling; there’s so much beyond our control, but we can at least keep the stream from drying up. 

In our July/August print issue, we dive deep into the history of our state’s most intractable problems, we examine the bleeding edge of the latest calamities, we insist on the humanity and value of those who are demonized by our politicians, and we strive to help our readers, and maybe ourselves, see that this state can and must be so much better. 

We don’t know what will happen with our stories after we send them out into the world. We simply labor on them (until deadline hits) with a stubborn faith: in journalism, in democracy, in our readers, and—call us truly mad—in Texas.

Solidarity,

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Note: Stories from the July/August issue will appear online here. To receive our print magazine, become a member here.

1 Jul 2024

US Supreme Court Latest: Court sends Trump’s immunity case back to lower court

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WASHINGTON (AP) — The Supreme Court extended the delay in the criminal case against Donald Trump on charges he plotted to overturn the 2020 election, reducing the chance that Trump could be tried before the November election.

In a historic ruling, the justices said Monday for the first time that former presidents can be shielded from prosecution for at least some of what they do in the Oval Office. But rather than do it themselves, the justices ordered lower courts to figure out precisely how to apply the decision to Trump’s case.

The immunity case was the last case argued, on April 25.

The court has since adjourned until the first Monday in October.

Here’s the latest:

Court adjourns until October

Following its rulings in the three cases on Monday, the Supreme Court adjourned until the first Monday in October.

Majority found the immunity they recognized extends to ‘outer perimeter’ of official responsibilities

The majority found that the immunity they recognized extends to the “outer perimeter” of the president’s official responsibilities, setting what appears to be a high bar for determining what conduct could potentially be prosecuted.

“In dividing official from unofficial conduct, courts may not inquire into the president’s motives,” Roberts wrote. “Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.”

The opinion found Trump is “absolutely immune” from prosecution for alleged conduct involving discussions with the Justice Department.

Trump is also “at least presumptively immune” from allegations that he tried to pressure Pence to reject certification of the vote, Roberts wrote.

The majority did reject Trump’s arguments that the indictment should be dismissed, and that impeachment is a necessary step in the enforcement of the law.

What to know about today’s rulings on regulating social media platforms

The Supreme Court kept a hold on efforts in Texas and Florida to limit how Facebook, TikTok, X, YouTube and other social media platforms regulate content posted by their users.

The justices returned the cases to lower courts in challenges from trade associations for the companies.

While the details vary, both laws aimed to address conservative complaints that the social media companies were liberal-leaning and censored users based on their viewpoints, especially on the political right. The cases are among several this term in which the justices are wrestling with standards for free speech in the digital age.

The Florida and Texas laws were signed by Republican governors in the months following decisions by Facebook and Twitter, now known as X, to cut then-President Donald Trump off over his posts related to the Jan. 6, 2021, attack on the U.S. Capitol by his supporters.

▶ Read more about today’s social media rulings.

Ruling directs judge to differentiate between official and non-official actions

The Supreme Court directed U.S. District Judge Tanya Chutkan to assess whether core aspects of the indictment are official acts and therefore shielded from immunity or are not official acts and therefore potentially subject to prosecution. Those include, among other things, Trump’s hectoring of Vice President Mike Pence to not certify the electoral votes — a core feature of the four-count indictment.

The three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — all dissented from the majority opinion.

In her dissent, Sotomayor wrote: “Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.”

Ruling underscores uncomfortable role SCOTUS is playing in the election

In a historic 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts and no immunity for unofficial acts. But rather than do it themselves, the justices ordered lower courts to figure out precisely how to apply the decision to Trump’s case.

The outcome means additional delays before Trump could face trial in the case brought by special counsel Jack Smith.

The court’s decision in a second major Trump case this term, along with its ruling rejecting efforts to bar him from the ballot because of his actions following the 2020 election, underscores the direct and possibly uncomfortable role the justices are playing in the November election.

Court sends Trump’s immunity case back to a lower court

The Supreme Court extended the delay in the criminal case against Donald Trump on charges he plotted to overturn the 2020 election, reducing the chance that Trump could be tried before the November election.

In a historic ruling on Monday, the justices said for the first time that former presidents can be shielded from prosecution for at least some of what they do in the Oval Office. But rather than do it themselves, the justices ordered lower courts to figure out precisely how to apply the decision to Trump’s case.

The Supreme Court rules for a North Dakota truck stop in a new blow to federal regulations

The Supreme Court just opened the door to new, broad challenges to regulations long after they take effect, the third blow in a week to federal agencies.

The justices ruled 6-3 today in favor of a truck stop in North Dakota that wants to sue over a regulation on debit card swipe fees that the federal appeals court in Washington upheld 10 years ago.

Federal law sets a six-year deadline for broad challenges to regulations. In this case, the regulation from the Federal Reserve governing the fees merchants must pay banks whenever customers use a debit card took effect in 2011.

▶ Read more about the ruling in the Corner Post case.

Alito’s flag controversy reignited a discussion on Supreme Court ethics

Chief Justice John Roberts declined an invitation to meet with Democratic senators in May to talk about Supreme Court ethics and the controversy over flags that flew outside homes owned by Justice Samuel Alito.

Roberts’ response came a day after Alito separately rejected demands that he recuse himself from major Supreme Court involving former President Donald Trump and the Jan. 6 rioters because of the flags, which are like those carried by rioters at the Jan. 6, 2021, attack on the Capitol.

Both Alito and another conservative justice, Clarence Thomas, have rejected calls to recuse themselves from cases related to the 2020 election, which Trump lost to Democrat Joe Biden. Thomas’ wife, Ginni, supported efforts to overturn the election results.

One possible option for the court

The justices puzzled during arguments on April 25 over where the line should be drawn, and though it seemed unlikely from their questions that they’ll adopt Trump’s views of absolute immunity, they did seem potentially poised to narrow the case.

One option would be to send it back to the trial judge, Tanya Chutkan, for her to determine which allegations in the indictment constitute official acts and must therefore be stricken from the case — and which do not.

That kind of analysis could be time-consuming and result in additional delays. However, by the same token, a more slender set of allegations could make the case easier for special counsel Jack Smith and his team to prosecute and eat up less time on the election-year clock.

Key takeaways from arguments on Trump’s immunity claims

In April, the Supreme Court heard more than 2 1/2 hours worth of arguments on the landmark question of whether former President Donald Trump is immune from prosecution in a case charging him with plotting to overturn the 2020 presidential election.

Some of the many notable moments included:

1. Talk of drone strikes and presidential bribes 2. Historic callbacks, with frequent invocations of the nation’s Founding Fathers 3. The 2024 election was the proverbial elephant in the room

▶ Read more key takeaways from oral arguments.

Three additional rulings are likely to come today

The justices also have three other cases remaining on the docket Monday, including another major case over social media laws in Texas and Florida that would limit how platforms regulate content posted.

Both laws aimed to address conservative complaints that the social media companies were liberal-leaning and censored users based on their viewpoints, especially on the political right.

The timing of the Trump immunity ruling could be as important as the ruling itself

The immunity case was the last case argued, on April 25. So in one sense, it’s not unusual that it would be among the last decided. But the timing of the court’s resolution of Trump’s immunity may be as important as the eventual ruling.

By holding on to the case until early July, the justices have reduced, if not eliminated, the chance that Trump will have to stand trial before the November election, no matter what the court decides.

In other epic court cases involving the presidency, including the Watergate tapes case, the justices moved much faster. Fifty years ago, the court handed down its decision forcing President Richard Nixon to turn over recordings of Oval Office conversations just 16 days after hearing arguments.

Even this term, the court reached a decision in less than a month to rule unanimously for Trump that states cannot invoke the post-Civil War insurrection clause to kick him off the ballot over his refusal to accept Democratic President Joe Biden’s victory four years ago.

▶ Read more about the stakes of the Trump immunity ruling.

The Supreme Court nears the end of another momentous term. A decision on Trump’s immunity looms

In the last 10 days of June, on a frenetic pace of its own making, the Supreme Court touched a wide swath of American society in a torrent of decisions on abortion, guns, the environment, health, the opioid crisis, securities fraud and homelessness.

And, with the court meeting for the final time this term on Monday, an unusual push into July, the most anticipated decision of the term awaits: whether former President Donald Trump is immune from prosecution for his role in the Jan. 6, 2021, riot at the U.S. Capitol.

The court also will decide whether state laws limiting how social media platforms regulate content posted by their users violate the Constitution.

1 Jul 2024

Morning Report pets featured in June

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We featured 15 cats and seven dogs at the end of our weekday newsletter in June.

The photos published in the Morning Report were mostly of readers’ pets, but we also wrote about sibling cats in need of adopting from Feline Rescue.

Three of the pets we wrote about were memorial posts.

For more pet photos, check out our May slideshow.

Sign up for this free newsletter at twincities.com/newsletters.

Friday, June 28

“Moose is a rescue from the Bond Between,” Jeff writes.

(The Bond Between was formerly known as Secondhand Hounds.)

Moose

“Moose is a 4-year-old Labradoodle,” Jeff writes. “When we got him he could barely walk after five months in a crate.  He now romps around the yard with his Doodle sister, Moxie. Very loving and playful big boy.

Thursday, June 27

“Hey folks, meet Ziggy!” writes Mars King, our fellow newsletter author. “She is a 15-pound Chihuahua mix (10% Chow Chow and 14% Cattle dog!) who also answers to Zig Newton and Prozac Princess.

Ziggy

“The other weekend, this little cutie and her parents were attacked by a neighbor’s dog. Everyone is okay now, but this is a gentle reminder from a local reporter to bring protection — like a spray bottle or a whistle to call for help — on your walks in case you encounter aggressive animals. Stay safe out there doggos!”

Glad everyone is OK. Here are other ideas and suggestions on how to stay safe on your walks. Readers, let us know if you have suggestions as well.

Wednesday, June 26

Meet Thelma!

Shhh, she’s watching the cardinals.

Thelma

“Mr. and Mrs. Cardinal come to eat right before dusk every night,” writes Taji of Moorhead, Minn.

Tuesday, June 25

“Roger loves just ‘hanging out,’” writes Barbara and Richard. “His multilevel warehouse home allows him to overlook family action at lower levels.”

Roger

Monday, June 24

“Here’s my baby girl, California, or as I call her, Cali Bear,” Shanda writes.

Shanda and California.

“She is a 15-year-old Tortie. I’ve had her since she was 2 months old. She is definitely one of the family with her own personality and love for each of us. I love her so much.”

Friday, June 21

Spice

“This is my grand cat,” Karen writes. “You featured my other grand cat, Walter, on Valentine’s Day and it was pictures from my daughter and son in law’s wedding, and it was so special!

“My son has been asking when I will get my other grand cat in the paper, so here is Spice, the sweetest Calico cat you will ever meet. Don’t let her hear you call her a cat though, as she thinks she is human.

“She came from a farm in southwestern Minnesota and was originally my parents’ cat. She now lives in Minneapolis with my son, Forest. Forest knew he would get Spice someday, and he did after my dad got sick and it was too hard for my parents to take care of Spice.

“Spice does not like to leave Forest’s side, but is always up for company and will welcome all humans. She will greet you with a hop, side step and rounded spine, and then sit on your lap. I have heard a few people say they would get a cat if it could be like Spice. She also loves to get in her harness and spend a little time outside.”

Thursday, June 20

“Here is our Ragdoll cat, Mione, and our rescue dog, Maura,” writes Celeste. “They aren’t great friends so this was fun to see on our screen porch a few nights ago.”

Mione and Maura

Wednesday, June 19

“Our beautiful white cat, Lionel, has one green eye and one blue eye,” Suzanne writes.

Lionel

“He was a stray kitty who showed up in our yard about 15 years ago and decided to stay. He has a heart condition and has slowed down recently but is very affectionate and tolerates his medications. He’s a sweet boy!”

Tuesday, June 18 (Memorial)

“This is Sarafina’s story,” writes Carol of Coon Rapids. “We were camping in Florida some years ago and after hearing cat bird sounds (we thought) in a nearby bush, we investigated and found this tiny kitten clinging to a branch! She was very small and very sickly looking.

Sarafina

“We rushed to find a vet where they estimated her to be only about 2 weeks old. We were to feed her kitten formula in a small baby bottle every two hours. We continued on home, nursing this little girl all the way. It was a long road, but the second photo shows her after she recovered and grew. In fact she lived to be 17 years old! Very sweet girl and we miss her still.”

Sarafina

 

Monday, June 17

“This is our flame point Siamese, Harry,” Ned writes. “He is a little over one year old, and a rescue from the Oklahoma City Humane Society. We moved to Oklahoma City from St. Paul last spring. Enjoy keeping up with the news from Minnesota, and the daily pet photos!”

Harry

Harry is gorgeous!

Thanks for reading all the way from Oklahoma, Ned. We we have many readers who stay in touch with home this way, and we appreciate it.

Friday, June 14

Thursday, June 13

“We so enjoy hearing everyone’s stories of their four-legged family members — thank you for sharing the stories and pictures!” Cathy writes.

Miss Kitty

“This is Miss Kitty. She is a senior kitty who we took in after a neighbor decided to move out of state. Her previous home let her go outside, but we keep her inside where she has all the comforts of a safe and loving home. She is independent — she does not like to share ‘her space’ with our other cats — so has her own floor in our home. Miss Kitty likes to talk, is very sweet and full of personality. Thank you for letting us introduce Miss Kitty!”

Wednesday, June 12

“You may remember Oliver, our Pomapoo who crossed the Rainbow Bridge last July,” Debbie writes. “You published pictures of him in the ICU at the University of Minnesota. Before that, you published pictures of him when he was healthy and on our boat. This past February, we welcomed a new little Pomapoo into our family.”

Welcome!

Siegfried Adam

“We named him Siegfried Adams,” Debbie says. “Siegfried was Oliver’s middle name and it means ‘victory, protection and peace.’ Beautiful words for a beautiful puppy. He loves to play with toys and especially with his big brother, Mishka, the Samoyed. He is such a sweet puppy and makes us laugh and smile.”

Tuesday, June 11

Remember those four cat siblings we’ve written about, who were waiting for one home?

The Carnegie siblings. (Courtesy of Feline Rescue.)

“WE HAVE NEWS!” wrote Kate King, executive director of Feline Rescue, recently.”Molly and Spot Carnegie were adopted. We were sad to have separated the four sisters, but overall, it’s great news.

Sophie and Spice.

“We still have Sophie and Spice available for adoption together. Sweet Cyrus is still with us, too.”

This collage (above) shows Sophie and Spice. They look a little sad without their siblings, and they have now been moved from their foster home to the shelter, where it’s easy to pay them a visit. Are there any Morning Report readers out there who could give them one home? Or a home to Cyrus, who still waits.

Monday, June 10 (Memorial Monday)

“Hello, I have a cat picture and story for you,” Robin writes. “This picture of my grandson, Raymond, and my cat, Avery, is from about five years ago. When Raymond came to visit Grandma, Avery was ready to play and loved to read with Raymond! She was the most gentle and loving cat.

“She died of kidney failure in 2021. She was one of the sweetest cats I ever had.”

Thursday, June 6

“This is Gizmo, who turns 1 next month,” Kim wrote in May. “She’s a very active girl who sometimes drives her older sister-cat crazy. But right now she has the important job of helping her mom (my sister, Kelly) recover from total knee replacement surgery.”

Gizmo

We checked in with Aunt Kim on Tuesday for an update.

“Gizmo turned 1 today, June 4!” she replied. “My sister is doing great in her recovery. In fact, she just got her driving privileges back on Monday, so she’s enjoying her new freedom!

“Thanks for doing these pet stories. It really lightens up the news!”

We enjoy it, too. Happy Belated Birthday, Gizmo!

Wednesday, June 5

Jill

“This is Jill!” Sarah writes. “She’s 11 and enjoying her retirement. She’s small but takes over the back seat and basks in the sun on car rides. Jill has brought us joy every day for the two years we’ve had her.”

Tuesday, June 4

Summit

“Our baby boy Summit turned 13!” Scott wrote recently. “He doesn’t get around much anymore due to his age, so we decided to bring the party to him. All of his friends and family came and we had a wonderful time. I haven’t seen him so excited and happy in a long time!”

What a great idea! Tell us more.

Summit and friends.

“It was on Memorial Day — May 27 — which is his actual birthday,” Scott replied. “We had big gold ’13’ balloons, gold ’13’ candles, a slideshow on TV, a cake, etc. Probably had 20 friends and neighbors over who know him from our previous walks around the neighborhood. Now that he can’t walk very well to visit his friends, we decided to invite his friends to visit him and they all came — even the people who we got him from originally when he was only 1 year old (we kept in touch and she even used to dog-sit for us) came from across town to visit him. He still remembers her and got soooo excited to see her when she arrived. He’s such a good boy and everybody loves him, especially us!”

All this love, it’s what every dog deserves.

Monday, June 3 (Memorial Monday)

“It is with great sadness and sorrow that we let you know that our beloved Winnie passed away just before Christmas,” Ken and Pat write. “We also want to thank you for being so gracious as to publish her photos and story twice last year, the second being on Thanksgiving for ‘What We Are Grateful For.’ Our family, especially my wife, who was Winnie’s favorite person, and our niece in the Twin Cities area were thrilled to have her recognized as a very special girl.”

Winnie

Winnie’s early life was a struggle: Abused and abandoned, she was taken in by the Humane Society Silicon Valley. They shaved her matted hair and saved her life after removing cancer found during spaying surgery.

She was adopted by Ken and Pat four days before Christmas in 2016.

The senior blossomed in a loving home.

Winnie and Tobey.

“She went from being fearful and wolfing her food down in less than 40 seconds to one who knew what time it was and would ask for her appetizers and dessert before finishing her dinner,” they recall. “When she went for walks during the summer we were amused to watch her become ‘The Closer’ after those racehorses who are slow to begin and race down the homestretch to hopefully finish first.

“Winnie’s early fractions were very slow as she had to sniff everything carefully and as we would begin the trek for home her pace would pick up and then, with 300-400 yards left, she would sprint for home, hoping that there were chicken treats awaiting her.

“Like many other rescues, her only fault was not living long enough,” they write. “Please continue to implore your readers to adopt homeless pets, especially senior ones … they will be happy that they did.”

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