Federal judge delivers major setback to Biden admin in pivotal censorship case

Harold Hutchison

Daily Caller News Foundation

A federal judge ruled against the Biden administration’s efforts to dismiss a case involving online censorship Monday, March 20, saying that the states of Missouri and Louisiana had “plausibly alleged” First Amendment violations.

United States District Judge

Terry A. Doughty of the Western District of Louisiana denied the Biden administration’s motion to dismiss a suit brought on May 5 by Republican Attorneys

General Erik Schmitt of Missouri and Jeff Landry of Louisiana. Schmitt and Landry said the Biden administration colluded with social media companies to censor debate on multiple issues, including the 2020 presidential election and the COVID-19 pandemic.

“Plaintiffs have plausibly alleged joint action, entwinement, and/or that specific features of Defendants’ actions combined to create state action,” Doughty wrote in the ruling.

“Plaintiffs have clearly and plausibly alleged that Defendants engaged in viewpoint

Seyarto introduces legislation to prevent early criminal court dismissals

SACRAMENTO – State Sen. Kelly Seyarto, R-Murrieta, has introduced Senate Bill 453 to address the mass court dismissals of backlogged criminal cases.

Existing law guarantees criminal defendants’ right to a fair and speedy trial, and therefore certain deadlines need to be met in order for a criminal case to move forward, or it may be dismissed. While current California law allows extensions to be made in criminal cases where there is “good cause,” it does not define what “good cause” actually means. Unfortunately, this legal ambiguity has led to the release of defendants charged with violent and dangerous crimes. In Riverside County alone, over 1,000 criminal matters were dismissed in a 10week period in late 2022, including charges of attempted murder, assault with a deadly weapon, sex crimes, DUIs, child abuse and domestic violence.

SB 453 would clarify that the term “good cause” may extend to instances of insufficient courtroom and/or staff availability, a problem that has long plagued the state.

“The courts have faced an immense uphill battle since the pandemic hit, which, combined with the shortage of presiding judges, has resulted in thousands of cases being dismissed and criminals let back into our communities,” Seyarto said. “This is dangerous and unacceptable. By clarifying the definition of ‘good cause,’ we ensure public safety and accountability, and give victims their chance for justice.”

“We have experienced thousands of case dismissals in Riverside County due to a backlog of cases from the COVID-19 pandemic,” Riverside County District Attorney Mike Hestrin said. “SB 453 will assist our prosecution efforts by extending statutory due dates for criminal proceedings when needed for good cause, without infringing on constitutional speedy trial rights. SB 453 would be a valuable law for public safety, as it furthers the goal of our state constitution to resolve cases on their merits and would help ensure that victims receive justice in court for the crimes committed against them.” discrimination and prior restraints. As discussed in great detail above, Plaintiffs allege a regime of censorship that targets specific viewpoints deemed mis-, dis-, or malinformation by federal officials,” Doughty added. “Because Plaintiffs allege that Defendants are targeting particular views taken by speakers on a specific subject, they have alleged a clear violation of the First Amendment, i.e., viewpoint discrimination. Moreover, Plaintiffs allege that Defendants, by placing bans, shadow-bans, and other forms of restrictions on

As an additional call to action, the Inland Empire Republican Caucus has extended an invitation to Chief Justice Patricia Guerrero to visit the region and witness how the Inland Empire counties are impacted by the lack of fully staffed courts. Riverside and San Bernardino counties currently need 52 judges, which is over half of the statewide gap of 98, according to the 2022 Judicial Needs Assessment by the Judicial Council.

Localism

Douglas V. Gibbs

Constitution

Mr.

Localism is defined as local government handling the local responsibilities and revenue through locally elected public officeholders. Localism is a principle foundational feature of what became The American System. Localism is a key component in the decentralization of authority, guarding against despotic control from more centralized governmental entities, and against restrictions or mandates that may attempt to be issued by higher levels of government.

In the United States Constitution, the Federal Government has been granted no powers over local issues, leaving the discretion over local issues to local governments. When localism is properly followed, communities historically tend to operate more smoothly, successfully, and with a membership that is more active in civic duties. Local government thrives when it operates individually with no threat of overreach by another governmental body perceived.

In today’s society, controversy over issues like local law enforcement policies, local land development, internal improvement policies and activities, and school curricula agitate communities across the country. Some communities have voted

Plaintiffs’ social-media accounts, are engaged in de facto prior restraints, another clear violation of the First Amendment.”

Documents posted on Twitter by Landry included an April 14, 2021 email from White House Director of Digital Strategy Rob Flaherty to an unidentified Facebook employee, demanding the company censor Fox News host Tucker Carlson’s video about vaccines. Carlson is a co-founder of the Daily Caller and Daily Caller News Foundation.

“Since we’ve been on the phone – the top post about vaccines today to disallow Critical Race Theory in their schools, while others have elected to rename schools named for historic figures or pull down statues and other historical markers that do not fit the narrative of the loudest protest group pounding their fists on governmental desks and daises demanding that they “get their way.”

Localism often includes democratic formats including ballot initiatives, petition drives, and town hall meetings. Issues that affect the electorate on all sides of the political aisle have spurned intense interest in local government, largely because in the modern political climate, voters realize that local politics can profoundly affect one’s immediate quality of life.

More important than individual local votes and cultural trends is a concept often forgotten or ignored as an archaic and obscure aspect of American political culture.

Localism has a crucial effect on the culture, and the other components of the American System, because politics resides downstream from the culture.

Localism serves as a critical indicator regarding where the culture might reside on the scale as compared to The Laws of Nature and of Nature’s God (Rule of Law, as presented by the Declaration of Independence). In short, while we scream for our representatives to operate in favor of our political is [T]ucker Carlson saying they don’t work. Yesterday it was Tomi Lehren [sic] saying she won’t take one,” Flaherty wrote to the Facebook employee, according to the email released by Landry. “This is exactly why I want to know what ‘Reduction’ actually looks like – if ‘reduction’ means ‘pumping our most vaccine-hesitant audience with [T]ucker Carlson saying it doesn’t work’ then… I’m not sure it’s reduction!” demands, the primary duty of officeholders, whether they be local, or members of other governmental bodies, is to serve the rule of law.

The White House did not immediately respond to a request for comment from the DCNF.

The rule of law is often interpreted in a manner that is tied to the culture, which is driven by local policies and tendencies. The whims of culture can have an incredibly powerful effect on the grand scheme of things.

Officeholders begin their careers at the local level, trained by the local culture, and guided by local influences. If the culture has abandoned the rule of law as prescribed by virtuous ideals, then the lack of ethical and upright standards will simply multiply as that official moves up through the levels of government.

A virtuous cultural foundation at the local level ensures a better opportunity for a virtuous government at higher levels. Corruption, deceit, and viciousness in our culture and local governmental offices leads to a corrupt, deceitful, and despotic government at the upper levels.

Localism is the foundation from which our entire culture and political system begins. A firm foundation provides a firm culture and government. A shaky foundation leaves all other parts of the American System at risk to collapse should the culture falter, and the government abandon the rule of law.