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Justice Jackson’s Comment About Free Speech ‘Hamstringing’ The Government Wasn’t Her Worst

Murthy v. Missouri perfectly illustrates the dangers of censorship, but Justice Jackson still thinks the government’s 'perspective' of 'threatening circumstances' should matter.

SCOTUS judge makes the craziest argument for more censorship you've ever heard

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Is it possible for the government’s First Amendment rights to be under attack?

During the Supreme Court hearing on Murthy v. Missouri, Justice Ketanji Brown Jackson made clear that she certainly thinks so.

“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” Jackson said.

“Some might say that the government actually has a duty to take steps to protect the citizens of this country, and you seem to be suggesting that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information.”

“You’ve got the First Amendment operating in an environment of threatening circumstances from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems,” she continued.

Glenn Beck is floored, saying that Jackson’s statement is a “cry for help on understanding any of the amendments, let alone the first one,” and that it’s shocking it’s coming from a Supreme Court Justice.

“I appreciate your willingness to say, 'I really don’t have a clue as to what I’m doing here,'” Glenn says, before laying out the facts.

“The government can speak and say, ‘Hey, this is bad, you shouldn’t do this,’ but when governments coerce people, especially businesses, well, they’ve got an awful lot of power, and that can turn into tyranny quickly,” Glenn explains, noting that there’s a reason the Bill of Rights applies to citizens and not to governments.

“I’m trying to help you,” Glenn says addressing Jackson, adding, “which I find just so refreshing that a talk show host that’s a recovering alcoholic and former DJ who is just completely self-educated knows this stuff better than a Supreme Court Justice.”


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