Justice Jackson Ripped For Worrying About The First Amendment 'Hamstring

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Supreme Court

Justice Jackson ripped for worrying about the First


Amendment 'hamstringing' government: 'Literally the
point'
Supreme Court heard arguments challenging the Biden administration's collaboration with Big Tech
By Lindsay Kornick Alexa Moutevelis
, Fox News

Published March 19, 2024 7:17am EDT

Supreme Court debates free speech concerns on social media moderation


Fox News’ David Spunt reports that conservative and liberal justices seemed reluctant to limit government contact with Big Tech.

Social media users were shocked and slightly bemused at Supreme Court Justice Ketanji
Brown Jackson’s comments on the First Amendment Monday.

The Supreme Court heard Murthy v. Missouri, a case challenging the Biden
administration’s alleged coordination with Big Tech to censor certain messages.

The case stemmed from a lawsuit brought by Republican-led states Missouri and
Louisiana that accused high-ranking government officials of working with social media
companies "under the guise of combating misinformation" that ultimately led to censoring
speech on topics that included Hunter Biden’s laptop, COVID-19 origins and the efficacy of
face masks — which the states argued was a First Amendment violation.

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DECISION: 'TOO MANY QUESTIONS'

Supreme Court Justice Ketanji Brown Jackson questioned whether an argument made during a case hearing on Monday
has the First Amendment "hamstringing the federal government." (Tom Williams/CQ-Roll Call, Inc via Getty Images)

As the justices questioned whether the Biden administration crossed the constitutional
line, Jackson appeared to suggest that such actions can be justified.

"My biggest concern is that your view has the First Amendment hamstringing the federal
government in significant ways in the most important time periods," she told the lawyer
representing Louisiana, Missouri and private plaintiffs.

"And so I guess 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 that duty cannot
manifest itself in the government encouraging or even pressuring platforms to take down
harmful information," she continued.

"So can you help me? Because I'm really – I'm really worried about that because 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," Jackson added.

Her comments quickly went viral with dozens of people insisting that "hamstringing the
federal government" is "literally the point" of the First Amendment .

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SPEECH: 'NOT LIKELY TO END THERE'

The US Supreme Court is seen as the Court hears oral arguments in the case of Murthy v. Missouri in Washington, DC,
March 18, 2024. (Photo by SAUL LOEB/AFP via Getty Images)

Fox and Friends Weekends co-host Will Cain responded, "Hamstringing the government is
THE POINT of the First Amendment!"

"That’s literally the point of the Bill of Rights. The government’s powers derive from, and
are subservient to, the rights of the People," California state Rep. Bill Essayli echoed.

"Iwould be more concerned if the First Amendment did not hamstring the government in
significant ways," said Reason senior editor Robby Soave.

"This is not funny This lady is dangerous," podcaster Tim Pool wrote.

OutKick writer Ian Miller wrote, "Always encouraging to see Supreme Court justices show
this little understanding of the foundational principles of the United States."

"WOW. The person who doesn’t know what a woman is also doesn’t know what the first ,

amendment is," The Libs of TikTok account posted.

Comedian Tim Young similarly responded, "The same justice who doesn't know what a
woman is...doesn't understand what the First Amendment was written for...Does this
come as a shock to anyone?"

"'I'm concerned that the Constitution is limiting the power of the government' is a
completely insane thing for somebody to say who sits on the highest court in the land," the
State Freedom Caucus Network's Greg Price said.

Babylon Bee managing editor Joel Berry tweeted, "Listen to this. The full soundbite is even
worse than the quote. We have a Supreme Court Justice who doesn't believe in the First
Amendment. Insane."

"Icouldn’t believe what I was hearing. She sounded like a sophomore at Brown," Substack
columnist Michael Shellenberger commented.

Missouri Attorney General Andrew Bailey told Fox News Digital Jackson was "absolutely
right" about the First Amendment restricting the government.

"It ishamstringing, and it's supposed to. The whole purpose of the Constitution is to
protect us from the government, and the government exists to protect our rights. But here,
the federal government is ignoring our First Amendment protections and weaponizing the
federal government to silence our voices," Bailey said.

The Supreme Court debated whether the Biden administration's collusion with Big Tech companies violated the First
Amendment. (Fox News)

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"And she's right. It limits what the federal government can and can't do. And that's a good
thing," he added.

The Supreme Court will also decide whether a temporary injunction preventing White
House and executive agency officials from meeting with tech companies about
moderating content can remain in place as the case is being litigated.

Fox News' Brianna Herlihy contributed to this report.

Lindsay Kornick is an associate editor for Fox News Digital. Story tips can be sent to
lindsay.kornick@fox.com and on Twitter: @lmkornick.

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