NPR Repeats False Claim That the Court Rejected Claims of Government Involvement in Censorship Efforts

Leila Fadel and National Public Radio recently interviewed me on free speech. While the program ominously warned that “what you’re about to hear is hate speech” in playing extreme voices on the right, it did interview me and former Columbia University president Lee Bollinger from the free speech community. I wanted to address a statement made about the program that is not accurate but has been repeated like a mantra by many seeking to dismiss the censorship system under the Biden Administration. The claim is that the Supreme Court rejected the claim of coordination between the government and social media companies. That is entirely untrue, but you do not have to take my word for it. The Supreme Court expressly stated that it was not doing so last year.

I appreciate the opportunity afforded by NPR to present the views of many in the free speech community. In all fairness to Fadel, it is also important to acknowledge that NPR was quoting a widely repeated claim by law professors. However, it is important to set this record straight on the matter.

During the program, Fadel quotes me: “You had a level of cooperation, coordination between the government and these other entities, that the effect was that thousands were censored.”

Fadel immediately rebuts the claim:

FADEL: It’s a charge often made by Republicans and Trump allies. Last year, the Supreme Court rejected the claim that social media companies were pressured to take down posts about COVID-19 and the 2020 election.

That is a reference to the court’s decision in Murthy v. Missouri last year. The states of Missouri and Louisiana, led by Missouri’s then-Attorney General (and now United States senator) Eric Schmitt, claimed that the federal government pressured social media companies to censor conservatives and critics.  The court ruled 6-3 that the states lacked standing to bring the case.

However, in the opinion, the justices went out of their way to expressly refute the notion that they were ruling on the merits of the coordination with the social media companies. In footnote 3, the Court states that “Because we do not reach the merits, we express no view as to whether the Fifth Circuit correctly articulated the standard for when the Government transforms private conduct into state action.”

The opinion was based on standing, not whether coordination occurred or whether such coordination violated the First Amendment, as found by the district court.

Thus, it is demonstrably untrue that “the Supreme Court rejected the claim that social media companies were pressured to take down posts about COVID-19 and the 2020 election.”

Yet, anti-free speech figures and others have repeated this claim, including law professors. Most recently, I testified in the Senate on free speech where both law professor Mary Anne Franks and a senator repeated this claim. Professor Franks told the Committee:

“For Republicans to call yet another Congressional hearing to investigate the so-called “censorship industrial complex” of Biden administration officials, nonprofit organizations, and Big Tech companies allegedly collaborating to censor conversative speech—a conspiracy theory so ludicrous that even the current Supreme Court, stacked with a supermajority of far-right conservative judges, dismissed it out of hand last year in Murthy v. Missouri—while ignoring the current wholesale assault on the First Amendment by the Trump administration is a betrayal of the American people.”

Obviously, the hearing became quite heated between Professor Franks and the Committee, but two of us wanted to address the claim.  (Fellow witness Benjamin Weingarten was able to note the countervailing language in the opinion as part of another question). It was a shame because we might have been able to fully refute this oft-repeated false claim. (The full testimony is available here). I would have welcomed an opportunity to have a civil exchange with Professor Franks and the Democratic senators on why this is not what the Supreme Court said in Murthy.

Instead, as shown on NPR, it continues to be repeated and replicated despite being demonstrably in conflict with the express words of the Court.

The effort to portray evidence of collaboration between the government and social media companies as a “conspiracy theory” or “myth” is all too familiar. It attempts to portray free speech advocates as unhinged or fringe figures to avoid answering the troubling questions raised by the Twitter Files, the Facebook Files, and thousands of pages of documentation produced in litigation and Congress.

Indeed, some apologists for the censorship system have attacked journalists and free speech advocates as fellow travelers of Vladimir Putin. That is why it was rather ironic to hear NPR raise the question on the program of whether Trump is “the biggest threat to [free speech] since the McCarthy era in the 1940s and ’50s, when fear mongering around Soviet and Communist influence led to the political persecution of academics and leftists?”

The program did not mention that it is the left who have been using McCarthy-like tactics against free speech advocates, including calling them traitors or questioning their loyalty. There was nary a mention of such attacks from the left.

Ironically, in a prior hearing, I warned that this was reminiscent of the McCarthy period where the FBI played a role in the establishment of blacklists for socialists, communists, and others. I encouraged Congress not to repeat its failures from the 1950s by turning a blind eye to such abuse.

This view was amplified by former Rep. Tulsi Gabbard, who was labeled a “Russian asset” by Hillary Clinton due to Gabbard’s anti-war positions.

If anything, my warning of McCarthy-like attacks and measures seemed to be taken more as a suggestion than an admonition by Democratic figures. Soon after the end of the hearing, MSNBC contributor and former Sen. Claire McCaskill appeared on MSNBC to denounce the member witnesses (Sen. Chuck Grassley, Sen. Ron Johnson, and former Rep. Gabbard) as “Putin apologists” and Putin lovers.

She exclaimed, “I mean, look at this, I mean, all three of those politicians are Putin apologists. I mean, Tulsi Gabbard loves Putin.”

It is obvious that few of these anti-free speech figures want to address the thousands of pages on coordination and pressure exercised by the government. They also do not want to address the express statements from social media executives (including in my testimony) stating that the government pressured them to censor critics and target individuals. As with the express statement of the Supreme Court, these direct contradictions are simply denied or dismissed.

What is missing is a sense of obligation to acknowledge the countervailing evidence. Unfortunately, we have come a long way from when Democratic icon Sen. Daniel Patrick Moynihan declared, “You are entitled to your opinion. But you are not entitled to your own facts.”

 

 

 

171 thoughts on “NPR Repeats False Claim That the Court Rejected Claims of Government Involvement in Censorship Efforts”

  1. Jonathan: Does anyone in the DJT WH know what they are doing? Doesn’t appear so. Three days ago DJT announced worldwide tariffs (except for Russia!) that he said he would not rescind. Suddenly, today DJT did a 180 and paused many of the tariffs for 90 days. Why did DJT again do an about face? Because his family and billionaire friends told DJT they were getting hammered.

    DJT says his temporary pause in the tariffs is part of his “master plan”. What master plan? DJT admits his decisions are based on “instinct”. DJT actually likes chaos. The whole purpose of his worldwide tariffs was to force countries and companies to come on bended knee to beg for relief so he could hand out special dispensations for those who would capitulate. Every authoritarian sociopath likes to feel he is in total control.

    Unfortunately for DJT, other countries won’t bow down to the King. The big players like Canada, Mexico, the EU and China are playing hardball with their own tariffs. They refuse to be intimidated. The chaos that DJT is intentionally creating will not end well for the Trumpster!

    1. DENNIS: it is called the ART OF THE DEAL perfected by TRUMP. 75 nations already making deals. TRUMP/MAGA/DOGE WINNING! DENNIS losing!!

      1. What Dennis is not revealing is that he bows down, bends over, swallows and gets fisted for the highest bidder, payment in baggies of crack. Such a classy groomer Dennis is!

      2. kirk: NO it isn’t. You should actually read the book called “The Art of the Deal”, ghost –wriiten by David Cay Johnston, who lays out details explaining that Trump is stupid, narcissistic and a liar. Just look at the tariffs–first they were for stopping fentanyl from coming into the country, then they were to bring manufacturing back to America, but as we really learned over the last weekend, it was because Trump relishes in having other world leaders kiss his axx–something he bragged about. He announces tariffs, then pauses them, then says they are for bargaining power to try to get other countries to agree to buy more American goods, then says they are permanent and he will never withdraw them and never change his mind, then after crashing the stock market and Americans see their dreams of retirement security vanish into thin air, and when the bond market, the backbone of our economy, started sliding, which scared the hell out of even Republicans-now he’s pausing them again–except for China–why? Because he threatened them with a deadline to withdraw their reciprocal tariffs and they didn’t comply–they didn’t kiss his axx! No one is going to build factories in the US because of all of this uncertainty. Economists can’t project what’s going to happen 10 days from now, much less 6 months or 6 years from now because Trump is stupid and is driven by his massive ego and need to exert power—and, critically–Republicans won’t stand up to him. Trump really doesn’t have the power to arbitrarily and unilaterally enact tariffs, except in wartime. We are not in wartime. Congress needs to stop this nonsense right now.

        None of this makes any sense unless you understand that Trump is a malignant narcissist–he wanted to be US President for the glory, adulation, attention, power and to be able to grift, commit crimes and reward his cronies. All of the DOGE cuts are to give massive tax breaks to the wealthiest and for no other reason. Americans don’t want cuts to Social Security or the Social Security Administration, cutting off SSA phone service or closing offices. Already Musk’s tech bros have crashed the Social Security system while trying to update it–the risk of which is why it was previously decided that trying to update it wasn’t worth the enormous cost and risk of losing data and crashing the system–and they can’t take calls right now. We don’t want cuts to Medicare, Medicaid, aid to starving children, cuts to school lunch programs, closing down the Consumer Financial Protection Bureau and Department of Education, either. If the cuts to Medicaid go through, rural hospitals and many nursing homes will be forced to close, including those in red states because these institutions rely on Medicaid to survive. 85% of nursing home patients are on Medicaid. We don’t want that—it’s not “winning”–it’s losing. Rick Wilson wrote a book about it–it’s called “Everything Trump Touches Dies”–another excellent book you should read.

        1. Gigi, there are over 12000 items with tarries, some reaching up to 350%. If you knew what you were talking about, you would realize this is about fair and equitable trade, period. There are no “tax breaks” for the wealthy. The fraud in the big 3, SS, Medicare and Medicaid are what is being stopped, not cuts to entitled citizens. Don’t you want to know who has been cashing the checks of those thousand of citizens over 115 years old?

    2. “Three days ago DJT announced worldwide tariffs (except for Russia!) that he said he would not rescind. ”
      Russia is already essentially blockaded. They pretty much can not buy or sell anything to the US or much of the global market.
      Trump could announce a 3000% tariff on Russian goods and that would change nothing.

      No Trump did NOT say he would not rescind. He said over and over they are RECIPROCAL. That so long as a country had restrictions or Tariffs on US goods, they would face tariffs on their goods to the US.

      Numerous countries offered Zero for Zero Tarriffs withing hours – Trump wants more – it is not just about zero Tariffs on US goods it is about ZERO restrictions on the sale of US goods – Tariffs are not the only way to block the sale of US goods.

      The objective – which only a moron like you could miss was more oportunity for US working class jobs.
      Either foreign companies are disadvantaged in selling to the US driving US demand for US goods up,
      or the US has more oportunity to compete in foreign markets – driving demand for US goods up.

      Either result was ALWAYS acceptable.

      “Suddenly, today DJT did a 180 and paused many of the tariffs for 90 days. Why did DJT again do an about face?”
      To give the rest of the world the oportunity to actually impliment the concessions they have said they are willing to make.

      ” Because his family and billionaire friends told DJT they were getting hammered.”
      Trump’s poll numbers actually went UP ask CNN.

      “DJT says his temporary pause in the tariffs is part of his “master plan”. What master plan? DJT admits his decisions are based on “instinct”. DJT actually likes chaos. The whole purpose of his worldwide tariffs was to force countries and companies to come on bended knee to beg for relief so he could hand out special dispensations for those who would capitulate. ”
      Aside from idiotic spin mostly correct. The purpose of Tariffs was to give the rest of the world a choice – reduced access to US markets or greater US access to theirs.
      What you are claiming is a disaster is Trump going into the superbowl 4th tr with a 22pt lead.
      The game is not over, and any could happen – but a win is strongly in the cards.

      “Every authoritarian sociopath likes to feel he is in total control.”
      Dennis – this is a win for the US working class, something democrats have promised my entire lifetime.
      Do you need to watch the Video’s of Clinton, Obama, Schumer, Pelosi pretty much every leading democrat promising exactly what Trump has DONE ?

      We just had the whirlwind Bernie Tour, While there are differences between Sanders and Trump – Rhetorically Sanders has promised exactly the same measures favoring American workers from BEFORE Trump descended the escalator.

      Pretty sure you left wing nuts would not call Sanders an authoritarian.

      Unfortunately for DJT, other countries won’t bow down to the King. The big players like Canada, Mexico, the EU and China are playing hardball with their own tariffs. They refuse to be intimidated.”
      In what world do you live ? Except China, every country you mentioned and atleast 65 more came Begging to make a deal.
      The EU – as well as MANY MANY other nations has promised Zero For Zero Tariffs. Trump said nogo – you also have to fix your laws blocking US products, AND buy lots of US LNG – the EU has agreed – the 90 days is to negotiate the details.

      This is a 90 day PAUSE to assure the world that they must stick to their word to commit to not only “free Trade” but “Fair Trade” – reciprical Tariffs – zero for zero hopefully, and reciprocal market access.

      Sounds like a win-win.
      But if these countries do not live up to their promises – Tariffs will be back in 90 days – or possibly sooner if they do not negotiate in good faith

      ” The chaos that DJT is intentionally creating will not end well for the Trumpster!”
      Possibly – but it is going well thus far.
      The stock market plateaed before this announcement. It is shooting up after.
      Bond yeilds are down – the US has $10T in debt to refinance. If Trump traded a 3,000pt drop in the DJIA for lower interest on our debt – that alone could be a huge win.
      I would suggest that Trump is likely to continue the economic chaos specifically BECAUSE he wants band prices as low as possible.
      Lower interest rates effect more than just government debt. Mortage rates are down, loan interest is down.
      the CRE market appears to be preparing for a huge recovery. That is a huge deal for one of my businesses.
      Comodity futures are down – that means lower prices – particularly food prices in the future.
      Egg prices, energy prices are already down – last I checked oil was headed to $60bbl.
      That effects the cost of everything.
      Jobs in March were up – and not government jobs or jobs for illegal immigrants.
      GM is HIRING.

      If this is “losing” – please sir can I have more ?

    3. You comment to an article where Turley attacks the media for spraying false narratives – ommitting critical facts to understand the actual meaning of what they are reporting.

      YOu do precisely what NPR does and bend fold spindle and mutilate the facts to create a false narative.

      It is called LYING Dennis

      But then

      You don’t matter anymore

    4. Nope 70 nations called wanting to now negotiate the tariffs so The Art of The Deal called for an abeyance on tariff imposements on them, and left China out to dangle awhile. China will soon cave like an old accordion. We know how you DT hating Progressive Dems will be parroting everything. The Art of The Deal, remember that Mc.

      1. The establishment in Washington has been trying to get Trump for 9 years. Now he’s the president and he’s calling the shots. Independent Bob.

    5. Dennis – though Trump called it a “pause” during the next 90 days the global except china baseline 10% tariff is still in place.

      I would also note there are likely to be adjustments because china has been circumventing US tariffs for years,
      partly they do so by trans shipping – that is why there were tariffs placed on countries the US has no trade with.

      With the recent Tariffs, Customs checked a shipment coming from Israel and found that it was products that were being transshipped from china to circumvent tariffs. I doubt the israeli govenrment had anything to do with that. But if I was a shipping coming in israel I would be happy to make money transhipping chinese products.

      The other thing China has been doing is shifting some production to factories in vietnam, cambodia and other chinese owned factories in Asia.
      That is part of why there were high tariffs on many of those countries, because again they are functioning as a conduit for China.

      The now 125% tariffs on chinese goods are going to massively increase the incentive for china to seek means to get around them.
      you can expect that thwarting that will be part of trade negotiations in the next 90 days,

      and you can expect it will not go well for a country that is functioning as a vehicle for china to circumvent tariffs.

      I would note that you paint this as Trump backtracking – yet the FACT is Trump did NOT remove all tariffs, he just reverted tot he 10% baseline tariff – and yet Wallstreet Rebounded – though it had already plateaued before Trump’s announcement.

      There are two camps in the Trump administration as well as outside among non-left wing nuts.

      The first is that Trump is really returning to the 19th century and significant revenue from Tariffs.
      Teh claim that Tariffs are going to destroy the country is belied by the fact that in the 19th century they were deflationary and grwoth was quadruple what it is today.

      The second is that Trump is using Tariffs to get to REAL Free Trade,
      Zero for zero AND no other barriers to US products in foreign countries.

      Thomas Sowell came out opposed to Tariffs – UNLESS they were merely a negotiating tactic.

      I am mostly a free trader. But the argument that Tariffs are inherently evil FAILS.

      They are a tax. They are a way of funding govenrment – all ways of funding govenrment have negative impacts.
      Tariffs have a lower negative impact than income taxes, wealth taxes and taxes on investment.

      Trump has suggested that all income taxes on 90% of americans could be eliminated and replaced by revenue from tariffs.
      That is probably feasible. and would be less harmful that what we have now.

      I would further note the claim that tariffs are a disaster ignores the FACT that all the rest of the world had higher tariffs than the US – these bring in revenue, and protect local industry.

      Trade protectionism is actually a bad idea. It is a bad idea for the US, it is a bad idea for the EU and everyone else.

      But contra the media it is NOT a the sky is falling idea.

    6. Completely wrong. Go watch Howard Lutnick’s interview on the “All In” podcast a couple of weeks ago where Lutnick (Commerce Secretary and old friend of Pres. Trump) explains the logic and planning for the tariff policy. Pres. Trump has been talking about this for 40 years. No surprise at all!

  2. # Well, China built an auto factory in Mexico and employs Mexicans so China can build in the US and employ Americans. Then China can sell those cars in the US and export them globally. It’s a global economy now. Work for China or vanguard or Blackrock or Saudi arabia just different wages geographically and they have capital.

    Ship out American food and bring in Vietnamese and Mexican foods Americans can afford. We can’t afford what we grow.

      1. Before the markets opened this morning, Donald Trump told everyone to get ready. Something is going to happen.Indepedent Bob.

  3. Well well well, the Dow Jones industrial average is up 7.87 per cent today. So much for all those 401ks that were on the eve of destruction. Countries are lining up on the Whitehouse steps to make a deal with the master of the art of the deal. They have been forced to the table to level the trade field. Trump has acted in good faith to allow time for the negotiations to proceed. The ten percent universal tariffs are still in place. Obama and Pelosi both made speeches condemning the balance of trade between China and the U.S. The difference today is that unlike Obama and Pelosi Trump is not a toothless tiger. If tariffs are so bad why aren’t China’s tariffs assessed against American a bad thing? Trump Derangement is still very much alive and unwell today as it always has been.

    1. You seem to think that Trump has achieved a great victory.

      WRONG !!!!

      Trump blinked and now looks weak.

      He did not institute this 90 day pause because other countries are “begging to negotiate”. No negotiations have started with anyone.

      The reason Trump blinked is because he got a call from Jerome Powell, who told him that the entire economy and banking system was on the verge of collapse. The bond market has been tanking along with the stock market. This never happens. It a sign of extreme danger. Usually when the stock market tanks, the bond market goes up because there is a flight to safety. This has not been happening for the past week. The bond market has been tanking along with the stock market.

      A lot of money left the stock market, but it did not go to the bond market. So, where did it go? We really can’t be sure, but most likely it is now in Switzerland, or the Cayman Islands, or other tax haven countries.

      The bottom line is that investors no longer want to invest in America.

      On top of this, the Treasury 3 year bond auction yesterday was a disaster. There was very poor demand. Less than 80% of the bonds were sold, and there was a tail 2.3 bp. Very bad. Banks and bond dealers were forced to buy the remaining 20% of unsold bonds. As primary dealers they are compelled to buy any Treasuries that do not sell at auction. They had to lay out tens of billions of dollars to buy financial instruments that nobody else wants, and which are tanking in value.

      There was another auction for 10 year notes today. If the same scenario played out for today’s auction, then banks would be in a very perilous situation, having to spend even more tens of billions of dollars on an asset that is losing value. This could potentially cause some banks to fail.

      Powell obviously called Trump and warned him of the danger.

      Trump made his announcement today just before the auction started, and the auction went well with good demand. The timing of Trump’s announcement was not coincidental.

      Trump is spinning the situation as a great victory. It is not. It is a sign of great weakness. Negotiations about tariffs have not even begun. The other countries now know that they have leverage over Trump because he is constrained by how tariffs will affect the US economy.

      Trump overplayed his hand, and gave other countries leverage.

      He is now in a very weak negotiating position

  4. Spartz: Lasting Peace in Ukraine is Not Possible Now, but Ceasefire is Needed
    Congresswoman Spartz issued the following statement to clarify her current position on Ukraine.
    “It’s not surprising that the UK media is as dishonest as the US mainstream media, so let me set the record straight,” Spartz said. …
    By: Representative Victoria Spartz | Indiana’s 5th District (R) ~ April 8, 2025
    https://spartz.house.gov/media/press-releases/spartz-lasting-peace-ukraine-not-possible-now-ceasefire-needed

  5. Trump the idiot blinked….again. Pausing tariffs for 90 days except for China. LOL!!

    He doesn’t know what he’s doing. Apparently the tanking markets and his “advisors” coming to the realization that their stupid idea was not working spooked them into reversing course…again. If this is a negotiating tactic its clearly a crappy one. Nobody will trust Trump on any of his claims. What a moron. LOL!!

    401(k)’s took a serious beating. Even congressmen’s stocks took heavy losses. Maybe that got their attention finally.

    1. The pause will help stop the immediate hemorrhaging of cash from Wall Street, but it still won’t cause any manufacturers to start building factories because there is still the uncertainty of Trump and his mental instability. The next time he needs his ass kissed, he’ll do it again.

      1. You watch and read MSM. Which is why you are so uninformed and misinformed.

        Johnson & Johnson Increases U.S. Investment to More than $55 Billion Over the Next Four Years
        “Investment builds on almost 140-year legacy of improving and saving lives and supporting American jobs

        Includes four planned new manufacturing facilities, with ground-breaking today in North Carolina on $2 billion+ facility

        Total Company U.S. economic impact estimated to be more than $100 billion per year”
        https://www.jnj.com/media-center/press-releases/johnson-johnson-increases-u-s-investment-to-more-than-55-billion-over-the-next-four-years
        Note, that is not MAGA media but from J&J website.

  6. NPR—NO WAY!

    The Supreme Court of 2022 corrected the partial, erroneous, and corrupt Supreme Court of 1973 in Roe v. Wade.

    The Supreme Court must now correct all partial, erroneous, and corrupt “decisions” regarding “general Welfare.”

    General is defined as ALL or THE WHOLE.

    NPR, Social Security, et al. address population segments that are infinitesimal and not close to being all or the whole—SS providing for 18.7%, and Helvering v. Davis was an exponentially worse decision than Roe in terms of its impact on America and Americans.

    “General Welfare” is basic infrastructure that allows all citizens to well proceed and is comprised of roads, water, post office, electricity, internet, airports, and other commodities and services that are not effectively provided in the free markets of the private sector.

    1. How could the brilliant and superior Supreme Court of the United States in 1937 find that Social Security constitutes “general Welfare” in Helvering v. Davis…

      but FOOD does not?

  7. This should be right up Turleys alley. From the just released ruling on the White House AP spat,

    “ The judge made clear in his 41-page opinion that his injunction “does not mandate that all eligible journalists, or indeed any journalists at all be given access to the President or nonpublic government spaces.” He concluded Tuesday that under the First Amendment, “if the Government opens its doors to some journalists” – whether it’s the Oval Office or the East Room – it can’t then “shut those doors to the other journalists because of their viewpoint.”

    Similarly, Terr wrote in February: “That doesn’t mean the White House has to allow every reporter in the world into the Oval Office or briefing room.”

    But, he added, “the reason for denying access matters. When the government shuts out journalists explicitly because it dislikes their reporting or political views, that violates the First Amendment.”

    Turley…hey man, Trump is engaging in viewpoint discrimination and violating the free speech rights of the press. What say you?

  8. It’s shocking that we are seeing Presidential powers being usurped by justices.

    One of whom is so confused she can’t say whether or not she is a woman.

    I can help her with that.

    Hand her a new jar of pickles. If she can’t open it there is a 99% chance she is a woman.

    The pickle-jar test beats biologists nearly every time.

    Terrible to run a country with such people though.

    1. Yeah, they can do that. SCOTUS ruled that immigrants can challenge their detentions where they are being held. They are entitled to due process and those judges are in Texas and New York where the individuals are being held. It’s exactly what SCOTUS said must happen.
      It’s how the law works.

      Those “petty Tyrants” are doing their jobs according to SCOTUS.

      1. @George

        You are a clown. We all think you are a clown. By all means, do your dance; but understand that the ensuing laughter is not approval.

        😂😂😂

        1. Knowing you have no argument, you resort to petty insults? I guess you have difficulty understanding the fact that those Judges are doing exactly what SCOTUS ruled must be done in order for those immigrants to exercise their right to challenge their detentions. You seem to be upset that judges doing their job are “petty tyrants”. Weird.

      2. The Act the Administration is using expressly precludes judicial review.

        What happens when the courts break the law?

        1. The AEA is subject to judicial review. Even SCOTUS pointed this out. It’s limited to habes corpus challenges and that’s exactly what those immigrants are doing. Individualy and within the jurisdiction they are being held. All perfectly legal and according the law.

      3. George you are so happy that illegal immigrants are killing people and raping women. Most of us want you happy but not when your happiness is related to death. Are you also giving lap dances to the gangs?

          1. George Svelaz, you’re a known pervert. Gangs killing people and raping women are just part of your normal day. At least you are kept away from the schools.

            1. S. Meyer,
              That right there. He supports and defends censorship, open borders, violent criminal illegals, pro-Hamas terrorists, domestic terrorists, pornography in elementary schools, biological men in women’s sports and locker rooms and bathrooms. What a sick and twisted person he must be. Then again, he is a paid DNC troll and he is doing all of it for a pay check. That, is even sicker. But it is also a gross display of how stick and twisted the Democrat party has become. That is something that has to be called out and not just once but every time. They are evil.

            2. S. Meyer,

              So you resort to insults and defamation because you have no argument and no rebuttal of the facts that I laid out. why am I not surprised.

              1. What I say might sound like insults, but the words are valid. You are a pervert, and many times, people say you should not go near schools. You support policies that directly lead to the murder of citizens, the rape of women, and the death of children. I would be ecstatic if I am wrong, but to date, your rhetoric leads us to believe you are a horrible human being that all decent people should stay far away from.

      4. Time for the Trump Administration to go district shopping. Round up the illegal aliens and go dark until they reach a detention center in the chosen district. Stock that district with new immigration judges to handle the volume. Take that, commies.

  9. OT; Trump the moron is again…backtracking on his tariffs, sort of.

    He’s suspending tariffs on most countries for 90 days, but is increasing. Tariffs on China to 125%.

    The stupidity of his tariff plan apparently is becoming a problem. Trump has this idiotic idea that. Trade deficits with other countries means they are cheating us. Wow. He’s no master negotiator. He’s an awful, terrible, incompetent negotiator. He really doesn’t know what he’s doing.

    Republicans always end up creating a recsssion. The mid-terms are going to be a blood bath for them if this keeps going.

    1. @George

      On topic: take your gaslighting somewhere else. An honest dissenter would converse and debate and not change the subject; you are not that, and we all know it. Go blow. ‘But, Trump!’, just doesn’t work anymore. Not for most of us. Pfft. You are an insult to compassion or intelligence, and we regard you as such.

      1. James, you’re hilarious. Every day comments go off topic. Every day. Sometimes long winded rants like those of John Say veer off into multiple tangents. Spare me the histrionics and get back on topic.

        OT; Trump loses case against AP on free speech grounds. The White House’s blocking of the AP for using ‘Gulf of Mexico” instead of “Gulf of America” is likey unconstitutional. Will Turley chime in? I doubt it, but one can dream, right?

        1. Re: AP

          A judge may not exercise executive power.

          A President with ALL of the executive power exclusively may exercise said executive power, and no member or members of either of the other branches may exercise any amount of executive power.

      2. It’s been clear for weeks that George is a paid troll. He is making a living, but doing so by polluting this blog with turd after turd after turd. That’s what the bad guys pay people like George to do. I’ve tried maybe five times to engage George in debate, and each time fails because he is ridiculous and does not comment in good faith, only to stir the pot and pollute this website with turds. (For example, if he can’t win an argument he starts suggesting someone’s word choice was wrong on some side topic.) Nothing he says is true or valid or trustworthy or has any value. I don’t respond to his idiocy anymore, and neither should anyone else. I wish the moderators here would send him packing to the same place where currently Svelaz is devil’s food.

        More generally, I lament that we can’t get good quality liberal commenters on here. It would make things more interesting if some intelligent liberals would come on and explain the liberal position in an intelligent and meaningful way. Instead all we get is: JHLS — juvenile, hysterical, lies, or shallowness — sometimes a combination of multiple of those. We have worthy friends, but our curse is that we lack worthy adversaries.

        1. oldmanfromkansas, you could be a paid troll too. Heck, everyone here could be a paid troll. I find it amusing when there is no real rebuttal or refutation about what I opine on or state the go-to-insult is “he must be a paid troll”. Kind of like the idea that those angry voters at Republican town halls must also be paid actors.

          1. “oldmanfromkansas, you could be a paid troll too. “

            Kansas, you got the ignorant one, George Svelaz to admit he is a paid troll. That proves the left values its idiots.

            1. S. Meyer,
              “Kansas, you got the ignorant one, George Svelaz to admit he is a paid troll.” All the more reason not to bother reading his crap. It is nothing but DNC talking points. Just scroll past.

              1. Upstate, I agree, but sometimes I want to let his handlers know what a sh1t he is and how much money they are wasting. But, Democrats aren’t smart to begin with. They rely on violence more than intelligence.

                1. S. Meyer,
                  Well said. They are letting the stupid and crazy among them lead the party. As long as they keep doing so, they will continue to lose. But as James points out aptly, we need to keep fighting their stupid and crazy. What kind of moron defends fraud, waste, abuse, criminal illegals, pro-Hamas terrorists, domestic terrorists, biological men in women’s sports, pornography in elementary school libraries, open borders? Answer, woke, anti-American leftists.

              1. “oldmanfromkansas, you could be a paid troll too.” Too means also. You are one stupid goofball.

        2. WWTD?

          Turley would say to fight bad speech with better speech, right?

          (I guess unless Trump deems your speech unworthy, then it seems Turley is fine with deportation.)

          You used to engage folks with differing opinions, but now you simply call them names, just like the majority of the other “regulars.”

          George at least attempts to discuss the issues, most of the time. He will go silent, though, rather than admit an error (which occurred earlier today regarding a limited knowledge of justiciability).

          (As hopefully it is clear by this message, not everyone falls clearly on a “team.” Baselessly arguing RED or BLUE is the clearest way to show a lack of critical thinking.)

        3. OldManFromKS,
          Well said. That is why it is best to not bother reading his mindless crap and just scroll past.

      1. Art of the deal? Really? The same book that tells us about Trump’s wise and genious deal making that ended up with several failed casinos? His tariff mess sure seems to be in line with the same incompetence that led to that fiasco.

        1. Trump has around $5 Billion. Let’s hear how much you made.

          Trump is President. What is your highest level of achievement? Pooper scooper?

          1. S. Meyer: Trump cheated to get into office in 2016 with the help of Russian hackers who helped him get around the popular vote, which he lost to Hillary Clinton, but still got the EC vote. He LIED about immediately bringing down the cost of groceries in 2024 to get into office, and received less than half of the votes cast then, too. He cheated to get into Wharton by paying a smart Jewish guy named Epstein to take the entrance exam, according to his sister, who was a federal judge–she named Mr. Epstein by name to eliminate any claim of making a vague accusation. We don’t know the truth about Trump’s net worth because he is a chronic, habitual liar and cheats and lies all of the time about everything. He misrepresented business records to cover up payoffs to a nude model and porn actress. He has misrepresented his net worth to juice up his rating in Forbes. We DO know he has had to borrow extensively just to keep his properties from being foreclosed upon, and has cheated on loan applications and financial statements by misrepresenting his net worth. If there is bodily waste being shoveled here, we know the likely source.

            1. Gosh, I was talking to the ignoramus George Svelaz and all of a sudden Crazy Gigi steps in with a list of insane statements placed in paragraph form. Batsh1t crazy doesn’t fully describe Gigi but we tolerate her. It’s getting time for her to take her meds and be put to bed. The orderlies are coming.

              1. S. Meyer: You call me “crazy” and “insane”. I based everything I wrote on verifiable facts. Read the Republican Senate Intelligence Committe Report on Russian interference that details the influence of Russian hackers who were directed where to attack Hillary Clinton on social media in key districts identified by Trump’s campaign where support for her was soft enough that it could sway the vote. Read any number of sources regarding the actual popular vote count in 2016–Hillary beat Trump by about 3 million votes. There are numerous videos online where Trump promises, repeatedly, to “immediately” bring down the cost of groceries on “day one”–complete with tables set up with examples of common grocery items. The quotation from Trump’s sister–Maryanne Trump Berry–about paying a Mr. Epstein to take the Wharton entrance exam is from the book written by his niece, Dr. Mary Trump: “Too Much and Never Enough”. Trump’s lying about his net worth and the values of his assets are well-documented–in the civil matter brought by the NY AG, as well as his misrepresentations in business records to cover up the payoffs to Karen McDougall and Stormy Daniels that were the subject of his criminal convictions. Where do you get off calling someone “crazy” or “insane” for pointing out these facts? All you have is MAGA devotion to a seriously-flawed convicted criminal.

                1. “S. Meyer: You call me “crazy” and “insane”. I based everything I wrote on verifiable facts. “

                  Verifiable facts are not opinions, errors or facts that have been corrected. You are insane and crazy, without a doubt. Anytime you wish to deal with a single topic instead of your giant list in a paragraph form, let me know. I’ll deal with it because a single issue is easy to focus on. You can’t focus, and that is why you vomit out different issues without fact.

                  Pardon me for not reading the rest of your cr-p. It is too stupid.

                  1. I said it before, and I’ll say it again: trying to reason with a MAGAt is a battle of wits with an unarmed person.

                    1. Your ending thoughts are the thoughts of many morons repeated continuously by those without the smarts to have a unique comeback.

                      I will say it again. You are a crazy lady and if you aren’t in treatment, you should be.

  10. Dear Prof Turley,

    That’s an important distinction to make between ‘standing’ and the merits of the case in the Murthy v Missouri. Shocking that you still have to make it .. . clearly, there was [covert] coordination between the Biden administration and the media, especially concerning matters of great public importance such as ‘Russian disinformation’ and Hunter Biden’s laptop, e.g., etc., etc.

    But there’s a new Sheriff in town and there’s no reason to beat a dead horse.

    There’s nothing ‘covert’ about Trump’s approach to free speech.

    1. The three dissenting justices rejected the majority’s standing analysis and agreed with the lower courts on the likelihood of success on the merits. So the only justices who reached the 1A issue found that the plaintiffs would likely succeed.

  11. Jonathan: I will get to your column about the significance of Murphy v Missouri. But first some other important news.

    I just returned from a trip back east. I participated in the “Hands Off” march and rally in DC last Saturday. There were over 100,000 at the protest in DC and 1400 other protests around the country on Saturday. Over 1 million ordinary Americans participated. And they were not just 20-somethings or “leftist Marxists”. There were huge numbers of older people, like me, who were there–many in wheelchairs. And what was remarkable is that all the countrywide protests were peaceful. No violence. No vandalism. No arrests.

    This was in stark contrast to Jan. 6, 2021 when DJT told his MAGA supporters at the Ellipse “If you don’t fight like hell you won’t have a country any more”. And we know what happened on that day. DJT’s fascist stormtroopers attacked the Capitol, beating and injuring Capitol police police and trashing the building. We didn’t see any of that this past Saturday. Everyone was peaceful but resolute in a determination to prevent a fascist takeover of our Democracy.

    And Saturday was not a one-off. The resistance is growing around the country to DJT and Musk’s policies. Saturday was just the start!

    1. All the old hippies returned for one last chance to relive the 1960s protest vibe. The question is what do they mean by “hands off?” Do they love a border disaster? Want to keep violent criminals on the street? Do they promote dwindling domestic manufacturing so that we can get cheap stuff from China (some of which is made by slave labor)? Do they want wasteful and corrupt government contractors to continue to extort the taxpayers? Do they want endless wars?

      “Keep the war in Ukraine going so long as my child does not have to suffer or be killed.” What was there an endgame? There was none. Now 1.5 million are dead, missing or wounded and towns and cities pulverized, but hey, it’s not us.

      This is about an irrational hatred of one person. It reminds me of Orwell’s ’ “Two Minutes Hate.”

      1. Spot on. About Orwell, though, I know I mentioned this in another post a week or so ago, that TPTB have expanded the “two minutes” to “permanent,” with no regard for what it does to their pawn’s psyches, nor what will happen when they want to turn that hate on something, and TPTB don’t respond in time. Where will that hate turn?

      2. “The question is what do they mean by “hands off?””

        My impression, and it is only that because of the blatant incompetence of the leaders of that “movement” (if it can be described as such) to communicate precisely what their objections are, is that they want the man who was overwhelmingly elected POTUS in November 2024, and his selected administrative staff, to keep their “hands off” of the entire Federal government. As patently absurd and ridiculous a concept though that might be. Of course, as is typical of such “movements”, some of those with major influence over it have no doubt found ways to milk money from it. Those scavengers may not want to allow any clear definition or goals to coalesce.

        1. @Joseph

          Yep. they mean hands off of their meal tickets. And hands off for people that dare have the temerity to disagree with them. It’s as absurd as it sounds, and rest assured, most of us see it for exactly what it is.

          1. James and Joseph,
            Well said and spot on. The majority of people are all for ending fraud, waste and abuse. The ones most dependent on it are the ones protesting the most. What are Democrats going to run on in 2028? Vote for us and we will bring back fraud, waste and abuse! We will bring back uncontrolled spending! We will bring back lack of transparency! We will waste more of your tax dollars! We will start more forever wars! We will undo all of Trumps tariffs and all those companies who onshored all those manufacturing and jobs, will get offshored again! Yeah, that is a winning platform. /sarc.

    2. Thanks, Dennis. There’s another one planned for a week from Saturday. But, according to MAGA media, Soros is paying all of the protesters because that many people couldn’t possibly be opposed to Trump enough to take to the streets –did you receive your check yet?

      1. Gigi: No, I didn’t get a check from George Soros. It’s all volunteer work. In my town there are weekly protests at Musk’s Tela dealerships. I’m showing up on Saturday for one of those with my big sign that reads “Don’t buy a Swasticar!”

        1. Thanks, D. Even in the ruby-red state where I live, there have been large protests, at the state Capitol, and at most of the college campuses. There’s a Tesla dealership in town, and people picket there, too. I’m going to buy a “Trump Sucks” flag and carry it to the next one a week from Saturday.

  12. CONGRESS MAY NOT TAX FOR AND FUND NPR

    Article 1, Section 8, allows Congress to tax for only debt, defense, and “general Welfare.” NPR is none of these. Like Social Security, which serves only 18.7% of Americans, NPR enjoys an infinitesimal audience. By definition, general is all or the whole. NPR and Social Security don’t come close. If Congress is going to tax for NPR and Social Security as “general Welfare,” Congress must tax for food, healthcare, dental care, vision care, clothes, cars, trains, planes, and every other common need and desire of human beings. In other words, if Congress taxes for and funds NPR and Social Security, Congress must tax for EVERYTHING!

    1. 1937: Helvering v. Davis. SCOTUS upheld Social Security as an expenditure in the “general welfare.” It has been pretty clear for almost a century that Congress has broad discretion to determine the types of expenditures that would further the general welfare.

      What a ridiculous take.

      1. Roe v. Wade upheld abortion as a federal constitutional right.

        The Supreme Court of 1869 “decided” that because secession is not prohibited, secession is prohibited.

        The Supreme Court found that Boasberg was a damn fool, prevaricating, district court judge whom it struck down with extreme prejudice.

        You are a fraud.

      2. How could the brilliant and superior Supreme Court of the United States in 1937 find that Social Security constitutes “general Welfare” in Helvering v. Davis…

        but FOOD does not?

      3. And the sycophantic Supreme Court of 1869 decided that because secession is not prohibited, secession is prohibited.

        What a ridiculous take by progressive successors to Abraham Lincoln, fellow traveler of Karl Marx.

    2. “THEY ARE NOT TO LAY TAXES AD LIBITUM FOR ANY PURPOSE THEY PLEASE”

      “IT WOULD BE ALSO A POWER TO DO WHATEVER EVIL THEY PLEASE”

      “To lay taxes to provide for the general welfare of the United States, that is to say, “to lay taxes for the purpose of providing for the general welfare.”

      “They are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the welfare of the Union. In like manner, they are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase, not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please, which might be for the good of the Union, would render all the preceding and subsequent enumerations of power completely useless.”

      “It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and, as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please.”

      – Thomas Jefferson

        1. “General welfare has gotten much attention. How about domestic tranquility…”

          Those two items do have something in common. They are mentioned in the preamble to the U. S. Constitution. That preamble serves as an introduction, stating what the detailed provisions that follow are intended, in general terms, to accomplish. Think of it as a statement of good intentions. It was never intended to have force of law in its own right, and any decisions that have since been rendered to the contrary are erroneous, and should be overturned and/or disregarded.

          1. # points to Frady. .. at the time of its writing which particulars were domestic tranquility? Just the agreement itself and processes?

            1. I would think, after the conflicts and war with England were successfully resolved, that a framework for a minimal central government that offered stability without unduly encroaching on the Liberty of individuals or the ability of States to self-regulate would have made for an environment of “domestic tranquility”.

    1. # ITS ALL A HORRIBLE EMBARRASSMENT when slave labor for 52 dollars permonth make 150.00 Nike shoes at a wage and pvc material that cost 1.50 but the makers of such will explain that those factory workers are lucky to have a 52 dollar job to buy a bowl of rice.

      It’s HORRIBLE. Stop all imports and buy American only! Plastic clothes and rotten fud contaminated with whatever.

      🛑 stop

  13. “A remarkable 9 of the last 10 recessions have started when a Republican was president. The odds that this outcome would have occurred just by chance are even more remote: one out of 100.”

    Thank you DJT, Lets make this 10 of the last 11. Surely we can do that by June?

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