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Court Denies Dismissal of Daily Wire's Censorship Suit Against Biden Administration

 May 8, 2024

A federal judge in Texas has ruled against dismissing a significant lawsuit alleging censorship by the Biden administration.

A lawsuit filed by the Daily Wire and others claims that the State Department funded technology designed to censor media based on political views, violating First Amendment rights, and the case will be allowed to proceed, as Fox News reports.

In December 2023, The Daily Wire, The Federalist, and the State of Texas filed a lawsuit in the U.S. District Court for the Eastern District of Texas. The plaintiffs accused the U.S. State Department of using censorship technologies to target media outlets expressing political opinions not aligned with current government policies.

The plaintiffs argue that such actions represent a severe misuse of power and a direct infringement on First Amendment rights. They are seeking a judicial declaration that these actions are unlawful and a permanent injunction to prevent further promotion of this technology.

Legal Challenge Targets Secretary of State, Other Officials

Secretary of State Antony Blinken, along with five other government officials, has been named as defendants in this groundbreaking case. The legal action emphasizes the role of these individuals in the alleged censorship practices.

Attempts by the State Department to dismiss the case or move it to a court in Washington, D.C. were recently thwarted. U.S. District Judge Jeremy D. Kernodle ruled to keep the case in Texas, highlighting the fundamental issues at stake involving the First Amendment.

Judge Kernodle's decision underlines the gravity of the allegations and the importance of addressing them within the judicial system in Texas, where the case was originally filed.

Funding And Focus of Censorship Technologies

The lawsuit highlights the activities of the Global Engagement Center (GEC), initially established to counter foreign terrorist propaganda. Recently, it has been repurposed to focus on domestic media, particularly those with conservative viewpoints.

Organizations such as the Global Disinformation Index (GDI) and NewsGuard were reportedly funded by the GEC. These organizations have been involved in labeling various media outlets as sources of disinformation, which has predominantly affected conservative groups.

According to the lawsuit, the funding for these organizations came from initiatives like the U.S.-Paris Tech Challenge and a specific challenge related to misinformation during the COVID-19 pandemic. This funding was allegedly used to target and financially damage media that oppose the government's political narrative.

Plaintiffs and Their Claims Against Government Censorship

Mark Chenoweth, representing the plaintiffs, has strongly criticized the federal government's actions. He stated, "the federal government cannot do indirectly what the First Amendment forbids it from doing directly," emphasizing the constitutional stakes of the case.

Texas Attorney General Ken Paxton has vocally supported the lawsuit, describing the federal government's actions as tyrannical and asserting his commitment to defending Americans' constitutional rights against such overreach.

The Daily Wire has also reiterated its stance against what it describes as illegal activities by the Biden administration aimed at crippling media outlets through financial means. They compare their current lawsuit to a previous successful challenge against the administration's vaccine mandate.

Broad Implications for Media and Free Speech

This legal battle not only challenges the alleged misuse of government power but also tests the resilience of First Amendment protections in the digital age. The outcome could set significant precedents for how technology is used in governance and media regulation.

The continuation of this case in Texas, despite attempts to shift it, points to a judicial recognition of the potential broader impacts on media freedom and public discourse.

The plaintiffs are determined to ensure that technologies developed for countering misinformation are not misused to suppress free speech and political dissent within the United States.

Conclusion: A Pivotal Moment for Press Freedom

The lawsuit by The Daily Wire, The Federalist, and the State of Texas against the U.S. State Department represents a critical juncture in the ongoing debate over free speech, government oversight, and the use of technology in media censorship.

As this case progresses, it will undoubtedly influence future discussions and policies related to media freedoms and governmental transparency in handling digital tools and platforms.