fbpx
Connect with us

The Center Square

Constitutional attorney sees no change from Supreme Court ruling in Murthy v. Missouri | National

Published

on

www.thecentersquare.com – By Joe Mueller | – 2024-06-26 10:00:00

(The Center Square) – The First Amendment's principles remain the same after Wednesday's U.S. Supreme Court ruling in a case alleging President Joe Biden's administration coerced social media companies to censor information, according to the leader of the Freedom Center of Missouri.

“This is a punt or another way of saying they kicked the can down the road,” Dave Roland, the director of litigation and co-founder of the Freedom Center of Missouri, said in an interview with The Center Square. “… From a free speech perspective, it's better for the court to punt on the facts than to come down with the decision that what the government did was OK.”

In Murthy v. Missouri, the court ruled five citizens and the states of Louisiana and Missouri failed to prove they were injured by the Biden administration's actions. They alleged a government campaign pressured social media companies to censor conservative viewpoints during the COVID-19 pandemic.

In a 6-3 decision, Supreme Court Justice Amy Comey Barrett wrote a 29-page opinion for the majority disagreeing with the arguments.

“We reject this overly broad assertion,” wrote Barrett, who was joined by Chief Justice John Roberts and Justices Kentanji Brown Jackson, Sonia Sotomayor, Elana Kagan and Brett Kavanaugh. “As already discussed, the platforms moderated similar content long before any of the government defendants engaged in the challenged conduct. In fact, the platforms, acting independently, had strengthened their pre-existing content moderation policies before the government defendants got involved.”

Justice Samuel Alito wrote a 34-page dissent and was joined by Justices Neil Gorsuch and Clarence Thomas.

“For months in 2021 and 2022, a coterie of officials at the highest levels of the Federal Government continuously harried and implicitly threatened Facebook with potentially crippling consequences if it did not comply with their wishes about the suppression of certain COVID-19-related speech,” Alito wrote. “Not surprisingly, Facebook repeatedly yielded.”

During oral arguments in March, Barrett quickly voiced disagreement with Louisiana Solicitor General Benjamin Aguiñaga for his interpretation of the First Amendment.

“The FBI sees these posts and calls the social media outlet, like X, Facebook, whatever, and says we really encourage you to take these down because these are significantly threatening and we see some people may be responding to them,” Barrett said. “That's a problem?”

“… as I say, I'm a purist on the First Amendment,” Aguiñaga told Barrett.

Roland said Aguiñaga's “maximalist argument” was a turning point.

“They were basically arguing that the government should not even be allowed to communicate with these private companies to express its views on information individuals were posting,” Roland said. “That was never going to fly. … It was clear the justices were not buying it.”

Missouri Republican Attorney General Andrew Bailey, who continued the case after it was filed under Eric Schmitt before his election to the U.S. Senate, didn't mention the verdict on Wednesday in a media release. Even though the ruling reversed the Fifth Circuit Court and remanded the case for further proceedings, Bailey emphasized the ability to continue the case.

“The record is clear: the deep state pressured and coerced social media companies to take down truthful speech simply because it was conservative,” Bailey, who's running for the GOP nomination for attorney general after being appointed to the position by Republican Governor Mike Parson after Schmitt's election, said in a statement. “Today's ruling does not dispute that. My rallying cry to disappointed Americans is this: Missouri is not done. We are going back to the district court to obtain more discovery in order to root out Joe Biden's vast censorship enterprise once and for all.”

Read More

The post Constitutional attorney sees no change from Supreme Court ruling in Murthy v. Missouri | National appeared first on www.thecentersquare.com

The Center Square

Gulf states could benefit from bills to provide offshore green energy revenues | Louisiana

Published

on

www.thecentersquare.com – By Steve Wilson | – 2024-06-28 08:19:00

(The Center Square) — Louisiana voters will cast ballots in November to determine whether the state will participate in a possible royalty system for offshore renewable energy production, but federal action is required before the money starts to flow. 

Over the past several years, bills have been submitted to allow the alternative energy revenues, such as wind leases, to be sent to the Gulf states of Alabama, Mississippi, Louisiana and Texas to fund coastal restoration and resilience projects.

All of these bills would reform the Gulf of Mexico Energy Security Act by increasing the revenue-sharing distribution from offshore oil and gas activities from 37.5% to 50% and eliminating the existing state revenue-sharing cap of $375 million for Gulf Coast states.

It's of dire importance to Louisiana as the funds from the BP oil spill settlement, which is the primary source for coastal restoration projects, will run out in 2031. The projects are designed to repair and rebuild the state's wetlands which shield inland areas from hurricane storm surges and provide important nurseries for marine life. 

U.S. Sen. Bill Cassidy, R-La., filed a bill last year called the Reinvesting in Shoreline Economies & Ecosystems Act with U.S. Sen. Sheldon Whitehouse, D-R.I. Congressman Steve Scalise, R-La., has a bill called the Budgeting for Renewable Electrical Energy Zone Earnings that he has filed twice in the last two years. U.S. Rep. Lizzie Fletcher, D-Texas, has also filed her version of the measure. 

The National Ocean Industries Association is the trade organization for the offshore industry and supports this type of legislation. President Erik Milito told the Center Square that if the bill becomes law, Louisiana could see $1.96 billion over the next 10 years if the RISEE Act or other similar legislation becomes law.

“Well, it should, over time, you're gonna see more revenue flowing to the government from offshore wind power, and if states are able to share in that then it becomes fairly obvious to the local taxpayers and the local constituency that this much money is now coming into our state because of offshore wind,” Milito said. “You haven't needed that in the Northeast Atlantic, Pacific. Those state governments have taken independent action to promote offshore wind because they're more progressive when it comes to wanting to have you know, climate goals in place. When it comes to the oil and gas sector, you know, the Gulf Coast has been it really for the past several decades.

“And Texas, Louisiana, Mississippi, Alabama have all been supportive because of the employment base and the investment base that you have along the coastline with hundreds if not thousands of companies contributing to the local economies.”

The bills have bipartisan support, as several environmental groups such as the Citizens Climate Lobby, the Coastal Conservation Association, the National Audubon Society, the National Wildlife Federation and the Environmental Defense Fund among others have weighed in support for the legislation. 

Voters will decide on Nov. 5 whether to add two amendments to the state constitution governing offshore energy royalty distribution. The two bills authored Rep. Joseph Orgeron, R-Cut Off, were signed into law by Gov. Jeff Landry on June 19. Right now, any offshore wind or other renewable revenues would be split between the state's General Fund (75%) and the remainder with the state's mineral fund

House Bill 300 would place a constitutional amendment on the ballot to redirect federal revenues from “generated from Outer Continental Shelf alternative or renewable energy production sources, including wind energy, solar energy, tidal energy, wave energy, geothermal energy, and other alternative or renewable energy production or sources.”

The companion bill, House Bill 305, that would codify the shift of federal royalties to the coastal protection fund from the Gulf of Mexico Energy Security Act program if the measure is passed by voters.

Read More

The post Gulf states could benefit from bills to provide offshore green energy revenues | Louisiana appeared first on www.thecentersquare.com

Continue Reading

The Center Square

Capitol Hill panelists implore awareness, fight for original Title IX | National

Published

on

www.thecentersquare.com – By Alan Wooten | – 2024-06-27 14:05:00

(The Center Square) – Congresswoman Virginia Foxx of North Carolina considered the panel question and delivered, as often she does, a bottom-line answer for Title IX at passage 52 years ago and today.

The Republican noted the president was a fellow member of her party, Richard Nixon, and Congress was majority Democrats. Yet the civil rights law got bipartisan approval.

“That was a time,” she said, “when Democrats knew what the difference was between a man and a woman. I mean, times have changed.”

Even more than 37 words in the original to the Education Department's 1,561 pages in 2024.

Thursday's Capitol Hill audience for the panel discussion led by Speaker of the House Mike Johnson, R-La., had chuckles, though not for the wrong reasons. They were joined by Betsy DeVos, former Secretary of Education in the Trump administration; Riley Gaines, 12-time All-American swimmer at Kentucky; and Heather Higgins, chairwoman of the Independent Women's Forum.

Rep. Mary Miller, R-Illinois, emceed and introduced. Miller serves as vice chairwoman alongside chairwoman Foxx on the Committee on Education and the Workforce. Sunday was the 52nd anniversary of Nixon signing Title IX into law. The rewrite is scheduled to take effect Aug. 1, though it is halted in 10 states already by injunctions.

“He told us from his first day in office they were going to rewrite Title IX,” Johnson said of President Joe Biden. “They were going to dramatically revise it. That was an ominous warning, and they made good on it.”

An April fact sheet released by the U.S. Department of Education gave clarification to the proposed changes. Included, “The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.”

Gaines and Higgins said gender ideology is about more than sports. There are sororities on campuses, detransitioners with irreparable harm, and men going to prison choosing incarceration with women.

“If you're a guy, why wouldn't you choose to go be in a women's prison instead of a men's prison?” Higgins asked rhetorically.

Higgins said, “While the administration disingenuously claims that the new rule doesn't apply to sports, they've established the default position that school activities limited to biological women or biological men are presumptively discriminatory.

“The administration has repeatedly insisted, in court filings and in public pronouncements, that Title IX requires schools to allow trans-identified males to play women's sports. They can't have it both ways. Either they use Title IX to force schools to allow men on women's sports teams, or if they are not, then schools should stop the madness right now.”

Gaines has been a leader to save women's sports, traveling the country and appearing in a number of state legislatures. She's testified in the U.S. Senate and House of Representatives, too. More than that, she said, she's realized how much her time as an athlete from age 4 to 22 prepared her for what is happening now much more so than it did as a swimmer.

“They are stripping all sex-based protections for women and girls – robbing women of equal opportunity, privacy, and fairness,” she said. “Equating ‘sex' with ‘gender identity' effectively abolishes the original intent of Title IX. This doesn't enforce Title IX, it violates it.”

On June 13, a Louisiana judge stopped implementation of the Title IX rewrite in Louisiana, Mississippi, Montana and Idaho. On June 17, a Kentucky judge halted the rewrite in Kentucky, Tennessee, Indiana, Ohio, Virginia and West Virginia.

Also on June 13, the House Committee on Education and the Workforce passed a Congressional Review Act to nullify the new rule. It would, if passed, formally dispense “with the administration's Title IX rule so that educational institutions can continue protecting the safety of women and girls and their access to educational opportunities.”

Johnson said it will get a floor vote next week.

“While the Biden administration has pushed progressive gender ideology to include biological men in women's sports under Title IX, conservatives in the House are fighting to protect women's right to compete,” Johnson said. “We will not stand by and tolerate the erosion of safe, fair, and equal competition in women's sports.”

Read More

The post Capitol Hill panelists implore awareness, fight for original Title IX | National appeared first on www.thecentersquare.com

Continue Reading

The Center Square

Capitol Hill panelists implore awareness, fight for original Title IX | North Carolina

Published

on

www.thecentersquare.com – By Alan Wooten | – 2024-06-27 14:05:00

(The Center Square) – Congresswoman Virginia Foxx of North Carolina considered the panel question and delivered, as often she does, a bottom-line answer for Title IX at passage 52 years ago and today.

The Republican noted the president was a fellow member of her party, Richard Nixon, and Congress was majority Democrats. Yet the civil rights law got bipartisan approval.

“That was a time,” she said, “when Democrats knew what the difference was between a man and a woman. I mean, times have changed.”

Even more than 37 words in the original to the Education Department's 1,561 pages in 2024.

Thursday's Capitol Hill audience for the panel discussion led by Speaker of the House Mike Johnson, R-La., had chuckles, though not for the wrong reasons. They were joined by Betsy DeVos, former Secretary of Education in the Trump administration; Riley Gaines, 12-time All-American swimmer at Kentucky; and Heather Higgins, chairwoman of the Independent Women's Forum.

Rep. Mary Miller, R-Illinois, emceed and introduced. Miller serves as vice chairwoman alongside chairwoman Foxx on the Committee on Education and the Workforce. Sunday was the 52nd anniversary of Nixon signing Title IX into law. The rewrite is scheduled to take effect Aug. 1, though it is halted in 10 states already by injunctions.

“He told us from his first day in office they were going to rewrite Title IX,” Johnson said of President Joe Biden. “They were going to dramatically revise it. That was an ominous warning, and they made good on it.”

An April fact sheet released by the U.S. Department of Education gave clarification to the proposed changes. Included, “The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are.”

Gaines and Higgins said gender ideology is about more than sports. There are sororities on campuses, detransitioners with irreparable harm, and men going to prison choosing incarceration with women.

“If you're a guy, why wouldn't you choose to go be in a women's prison instead of a men's prison?” Higgins asked rhetorically.

Higgins said, “While the administration disingenuously claims that the new rule doesn't apply to sports, they've established the default position that school activities limited to biological women or biological men are presumptively discriminatory.

“The administration has repeatedly insisted, in court filings and in public pronouncements, that Title IX requires schools to allow trans-identified males to play women's sports. They can't have it both ways. Either they use Title IX to force schools to allow men on women's sports teams, or if they are not, then schools should stop the madness right now.”

Gaines has been a leader to save women's sports, traveling the country and appearing in a number of state legislatures. She's testified in the U.S. Senate and House of Representatives, too. More than that, she said, she's realized how much her time as an athlete from age 4 to 22 prepared her for what is happening now much more so than it did as a swimmer.

“They are stripping all sex-based protections for women and girls – robbing women of equal opportunity, privacy, and fairness,” she said. “Equating ‘sex' with ‘gender identity' effectively abolishes the original intent of Title IX. This doesn't enforce Title IX, it violates it.”

On June 13, a Louisiana judge stopped implementation of the Title IX rewrite in Louisiana, Mississippi, Montana and Idaho. On June 17, a Kentucky judge halted the rewrite in Kentucky, Tennessee, Indiana, Ohio, Virginia and West Virginia.

Also on June 13, the House Committee on Education and the Workforce passed a Congressional Review Act to nullify the new rule. It would, if passed, formally dispense “with the administration's Title IX rule so that educational institutions can continue protecting the safety of women and girls and their access to educational opportunities.”

Johnson said it will get a floor vote next week.

“While the Biden administration has pushed progressive gender ideology to include biological men in women's sports under Title IX, conservatives in the House are fighting to protect women's right to compete,” Johnson said. “We will not stand by and tolerate the erosion of safe, fair, and equal competition in women's sports.”

Read More

The post Capitol Hill panelists implore awareness, fight for original Title IX | North Carolina appeared first on www.thecentersquare.com

Continue Reading

News from the South

Trending