How Appealing

Friday, September 16, 2022

“A federal court clears the way for a Texas social media law; The law, which had been blocked by a lower court, makes it possible to sue large social media platforms for taking down political viewpoints”: David McCabe of The New York Times has this report.

Cat Zakrzewski of The Washington Post reports that “Appeals court upholds Texas law regulating social media moderation; The decision could set up a Supreme Court showdown over the future of online speech.”

Brent Kendall of The Wall Street Journal reports that “Appeals Court Upholds Texas Law Regulating Social-Media Platforms; Supreme Court previously put the law on hold and could decide its fate.”

Jasper Scherer of The Houston Chronicle reports that “Fifth Circuit Court of Appeals upholds Texas ban on social media censorship.”

Paul J. Weber of The Associated Press reports that “Court rules in favor of Texas law on social media regulation.”

Daniel Trotta of Reuters reports that “U.S. appeals court rejects big tech’s right regulate online speech.”

Joe Schneider and Alex Barinka of Bloomberg News report that “Texas Social-Media Law on Web Censorship Upheld by Federal Appeals Court; Meta, Twitter say law will prevent the blocking of hate speech; Texas Governor Greg Abbott enacted the legislation a year ago.”

Rebecca Kern of Politico reports that “5th Circuit upholds Texas law forbidding social media ‘censorship’ — again; The ruling is a win for Texas Gov. Greg Abbott and Texas Attorney General Ken Paxton in their efforts to combat what they call censorship of conservative viewpoints by social media companies.”

Jesus Vidales of The Texas Tribune reports that “Texas social media ‘censorship’ law goes into effect after federal court lifts block; The ruling Friday from the 5th U.S. Circuit Court of Appeals likely means the case, which could have wide implications for online speech, will go before the U.S. Supreme Court again.”

And at Techdirt, Mike Masnick has a post titled “5th Circuit Rewrites A Century Of 1st Amendment Law To Argue Internet Companies Have No Right To Moderate.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 11:00 PM by Howard Bashman

“U.S. Discloses Decades of Justice Dept. Memos on Presidential War Powers; Executive branch lawyers secretly worked to limit the reach of a post-Vietnam War law, according to a trove of opinions from the Office of Legal Counsel”: Charlie Savage of The New York Times has this report.

Posted at 10:28 PM by Howard Bashman

“Justice Sotomayor: ‘There’s going to be some question about the court’s legitimacy’; The remarks — somewhat more restrained than her colleague Elena Kagan’s — were made at an event celebrating the 50th anniversary of the Lawyers Club of San Diego.” Hillel Aron of Courthouse News Service has this report.

Posted at 10:25 PM by Howard Bashman

“Justice Dept. Appeals Part of Review of Materials Seized at Mar-a-Lago; The government is following through on its vow to challenge a ruling by a Trump-appointed judge in Florida, setting up a high-stakes legal fight”: Glenn Thrush, Alan Feuer, and Charlie Savage of The New York Times have this report.

Devlin Barrett of The Washington Post reports that “Justice Dept. appeals judge’s rulings on classified material in Mar-a-Lago case; The Friday night filing asks a higher court to intercede against parts of the decision to appoint a special master to review documents seized from Trump’s club.”

Sadie Gurman and Aruna Viswanatha of The Wall Street Journal report that “Justice Department Appeals Parts of Judge’s Ruling on Documents Seized at Trump’s Mar-a-Lago; Prosecutors ask appeals court to allow them to resume reviewing documents marked as classified.”

And Josh Gerstein and Kyle Cheney of Politico report that “Justice Dept. asks appeals court to restore access to Trump raid documents; The DOJ’s widely expected escalation of the legal fight came one day after a Trump-appointed judge rebuffed prosecutors’ request for a stay.”

You can access the federal government’s Motion for Partial Stay Pending Appeal filed today in the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 10:16 PM by Howard Bashman