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SCOTUS on Friday established new rules for the social media accounts of public officials. AdvertisementThe US Supreme Court on Friday handed down a decision establishing new rules for how public officials must behave on social media. Accounts clearly marked as personal, even if run by a state official, are granted more leniency and protection under the First Amendment. Advertisement"The distinction between private conduct and state action turns on substance, not labels: Private parties can act with the authority of the State, and state officials have private lives and their own constitutional rights," she continued. The issue of allowing public officials to block users on social media has been heard by the court before, when in 2017, Trump was challenged by the Knight Foundation over his choice to block critics on Twitter.
Persons: SCOTUS, , Amy Coney Barrett, Kevin Lindke, James Freed, Freed, Lindke, Lucy, Husband, Jessie, Barrett, Trump, Friday's, Gary Lawkowski Organizations: Service, State, Knight Foundation, Twitter, Dhillon Locations: Detroit, Port Huron , Michigan, Port Huron , MI
The court ruled unanimously that officials can be deemed "state actors" when making use of social media and can therefore face litigation if they block or mute a member of the public. The court held that conduct on social media can be viewed as a state action when the official in question "possessed actual authority to speak on the state's behalf" and "purported to exercise that authority." While the officials in both cases have low profiles, the ruling will apply to all public officials who use social media to engage with the public. The cases raised the question of whether public officials' posts and other social media activity constitute part of their governmental functions. The court is wrestling with a whole series of social media-related free speech issues in its current term, which runs until June.
Persons: WASHINGTON —, Donald Trump's, Amy Coney Barrett, , Barrett, Trump, Elon Musk, Michelle O'Connor, Ratcliff, T.J, Zane, Christopher, Kimberly Garnier, O'Connor, Christopher Garnier, James Freed, Kevin Lindke, Freed Organizations: Twitter, Poway Unified School District, of, Circuit, Southern District of, Port, U.S Locations: Southern California, Michigan, California, San Francisco, Southern District, Southern District of California, Port Huron City
download the appSign up to get the inside scoop on today’s biggest stories in markets, tech, and business — delivered daily. Their worries were largely directed at efforts by China to forge its own space dominance and land astronauts on the moon in the next decade. "I don't think Artemis 3, the landing mission, is at all realistically scheduled." "I think that China has a very aggressive plan," NASA Administrator Bill Nelson said on January 9. Its lead-up to the lunar base involves crewed flights to the moon via its Chang'e missions, which China opened to international collaboration in October 2023.
Persons: , Frank Lucas, Artemis, Lucas, Neil Armstrong, it's, James Free, Mike Griffin, Griffin, Rich McCormick, Bill Posey, Zoe Lofgren, Bill Nelson, Jing Haipeng, Nelson Organizations: Service, Wednesday, National American Space Agency, Business, Chinese Communist Party, Technology, NASA, Artemis, China, Congressional, GOP, Republican, Democratic, Associated Press Locations: China, Oklahoma, United States, Georgia, Florida, Zoe Lofgren of California, Beijing
Is NBC Rooting for Trump?
  + stars: | 2023-12-05 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
Florida Governor and Republican presidential candidate Ron DeSantis campaigns in Ames, Iowa last month. Photo: Fritz Nordengren/Zuma PressA recurring phenomenon of this election cycle is that the same media outlets promoting regular allegations that Donald Trump is the greatest threat to the country also regularly encourage news consumers to view the next most popular candidate among Republican voters as doomed to fail. The loss of media credibility in the Trump era is an old story but isn’t there any journalistic interest in at least allowing a non-Trump alternative to receive a fair hearing? Witness Sunday’s questioning on Meet the Press by NBC’s Kristen Welker, who in interviewing Gov. Ron DeSantis (R., Fla.) seemed determined to confirm the theory that media companies want another Trump candidacy to boost ratings while enhancing the chances of a Democratic victory.
Persons: Ron DeSantis, Fritz Nordengren, Donald Trump, Trump, NBC’s Kristen Welker Organizations: Republican, Trump, Gov, Democratic Locations: Florida, Ames , Iowa, Fla
Elizabeth Warren Takes on ‘Big Sandwich’
  + stars: | 2023-11-28 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
Senator Elizabeth Warren, a Democrat from Massachusetts, during a Senate Finance Committee hearing in Washington earlier this month. Photo: Al Drago/Bloomberg NewsA Journal editorial notes that Sen. Elizabeth Warren (D., Mass.) But don’t expect the senator to stop promoting misguided market interventions, no matter how ludicrous. “Elizabeth Warren wants to break up Big Sandwich,” reads the headline on a Washington Examiner op-ed from Tom Joyce. Since consumers tend to love a big sandwich, a little explanation is in order—not that it will make Ms. Warren’s latest campaign any more appetizing.
Persons: Elizabeth Warren, Al Drago, Sen, , Tom Joyce, Warren’s Organizations: Bloomberg, Washington Examiner Locations: Massachusetts, Washington, Sandwich
The Story About the Story About San Francisco
  + stars: | 2023-11-16 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
San Francisco Mayor London Breed at a flag-raising ceremony for the APEC Summit last week at City Hall. This column recently noted the feverish effort by San Francisco officials to present their city as safe and thriving while dignitaries are in town for the Asia-Pacific Economic Cooperation summit. Mayor London Breed is especially eager to create a new media narrative about the city’s problems. But headlines don’t invent themselves and this week brings yet another reminder that if Ms. Breed doesn’t want media outlets to write stories about lawlessness then she will need to enforce laws.
Persons: Eric Risberg, London Breed, Breed Organizations: San Francisco Mayor London Breed, APEC, City, San Francisco, Economic Cooperation, London Locations: Asia
And Biden Won’t Even Take His Calls
  + stars: | 2023-11-15 | by ( James Freeman | ) www.wsj.com   time to read: +1 min
U.S. Representative Dean Phillips (D., Minn.) greets supporters outside the statehouse in Concord, New Hampshire last month after filing the paperwork to put his name on the state’s presidential primary ballot. Photo: reba saldanha/ReutersPresident Joe Biden and his allies have been treating presidential nomination challenger Rep. Dean Phillips (D., Minn.) like a nobody—or worse. Now Mr. Phillips is looking less like a man trying to make a polite point and more like a guy who wants to win this thing. While the Democratic Party’s prominent governors and senators have still not chosen to challenge Mr. Biden, the White House may already understand that the relatively obscure man from the Land of 10,000 Lakes could be a formidable opponent. Mr. Phillips at first tried running a nice respectful campaign claiming that Mr. Biden has been a successful president but is just not the right candidate for 2024.
Persons: Dean Phillips, reba saldanha, Joe Biden, Phillips, Mr, Biden Organizations: statehouse, Democratic Locations: Minn, Concord , New Hampshire
San Francisco Cleans Up for Xi. Why Not for Thee?
  + stars: | 2023-11-13 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
Chinese Communist dictator Xi Jinping in Beijing on Friday. Photo: Ju Peng/Zuma PressAfter only recently agreeing to normalize trade relations with the United States, San Francisco now seems to be granting most favored visitors status to a group including a ruthless dictator. This week Chinese communist thug Xi Jinping will enjoy a city that has been spruced up for the Asia-Pacific Economic Cooperation summit. San Francisco residents are asking why they can’t enjoy streets that are safe and clean all the time. Morris reports for The San Francisco Chronicle:
Persons: Xi Jinping, Ju Peng, Morris Organizations: Communist, Zuma Press, Economic Cooperation, San Francisco Chronicle Locations: Beijing, United States, San Francisco, Asia
What Was Everyone Saying at the Obama Reunion?
  + stars: | 2023-11-07 | by ( James Freeman | ) www.wsj.com   time to read: +1 min
Former President Barack Obama at an event for his eponymous foundation on Friday in Chicago. Photo: Tyler Pasciak LaRiviere/Associated PressWith friends like former President Barack Obama , does our current president need enemies? Now one of the reunion’s most prominent revelers is urging President Joe Biden to think again about running for re-election. Given that Mr. Biden ran with Mr. Obama in 2008 and served as his vice president for eight years, you might expect that Team Obama would be ecstatic that Mr. Biden is now occupying the Oval Office and extending the legacy of the great man. But Mary Ann Ahern reports for NBC in Chicago that Obama reunion attendees “say they’re in need of inspiration ahead of the 2024 Democratic national convention.”
Persons: Barack Obama, Tyler Pasciak LaRiviere, Obama’s, Joe Biden, Mr, Biden, Obama, Mary Ann Ahern, Organizations: Associated Press, Mr, NBC, Democratic Locations: Chicago
The Authority of Law statue is seen outside the U.S. Supreme Court at the start of the new term in Washington, U.S., October 2, 2023. The Supreme Court is tasked with deciding whether the public officials engaged in a "state action" in blocking critics from social media accounts or were merely acting in their personal capacity. The justices also are due to decide other important cases involving speech on social media during their current nine-month term. One involves a challenge to Republican-backed state laws limiting the ability of social media platforms to remove or moderate content deemed objectionable or misinformation. Circuit Court of Appeals agreed, ruling that Zane and O'Connor-Ratcliff had presented their social media accounts as "channels of communication with the public" about school board business.
Persons: Evelyn Hockstein, Joe Biden's, Donald Trump's, Michelle O'Connor, Ratcliff, T.J, Zane, Christopher, Kimberly Garnier, O'Connor, Kevin Lindke, James Freed, Lindke, Freed, John Kruzel, Andrew Chung, Will Dunham Organizations: U.S, Supreme, REUTERS, WASHINGTON, Twitter, Facebook, Meta, Republican, Poway Unified School District, Circuit, Appeals, City, Thomson Locations: Washington , U.S, California, Michigan, Poway , California, Port Huron, Francisco, Cincinnati, New York
Blocking users is a function often employed on social media to stifle critics. The justices, hearing about three hours of arguments, focused on spelling out the circumstances for deciding whether public officials were acting in their personal capacity when blocking critics or engaged in a "state action." Conservative Justice Samuel Alito cited a hypothetical town manager who puts a municipal seal on his own social media page and tells citizens to express their views. Under this test, Mooppan argued, the social media activity of his clients was not governmental. Some justices asked whether requiring public officials to include disclaimers on their personal pages making clear their social media activity is not governmental would help disentangle their private and public capacities.
Persons: Samuel Alito, Alito, Hashim Mooppan, Mooppan, Elena Kagan, Donald Trump, " Kagan, Evelyn Hockstein, Trump, Joe Biden's, Michelle O'Connor, Ratcliff, T.J, Zane, Christopher, Kimberly Garnier, Kevin Lindke, James Freed, Freed, Ketanji Brown Jackson, Brett Kavanaugh, Victoria Ferres, Ferres, John Kruzel, Andrew Chung, Will Dunham Organizations: WASHINGTON, U.S, Supreme, Twitter, Facebook, Conservative, Liberal, REUTERS, Poway Unified School District, Circuit, Appeals, City, Thomson Locations: California, Michigan, Poway , California, Port Huron, Washington , U.S, San Francisco, Cincinnati, New York
The Spaulding Smails Democrats Get a New Speaker
  + stars: | 2023-10-27 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
Speaker of the House Mike Johnson (R., La.) Photo: Michael Brochstein/Zuma PressWednesday’s ascension of Rep. Mike Johnson (R., La.) as the new speaker of the House brings cause for optimism and also a helpful clarification. The previous Speaker, Rep. Kevin McCarthy (R., Calif.), is a savvy political operator. But he made clear that there were some deals he wasn’t willing to cut to hold on to power.
Persons: Mike Johnson, Michael Brochstein, Kevin McCarthy Organizations: U.S . Capitol, Zuma Locations: Calif
From One Brother to Another
  + stars: | 2023-10-21 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
James and Sara Biden arrive at the White House to attend the State Dinner for South Korea in 2011. Photo: Haraz N. Ghanbari/Associated PressAre the walls closing in on Joe Biden? Another revelation from House Republican investigators further undermines the president’s longtime claims that he was never involved in his relatives’ various schemes to trade on his name. A press release today from the office of House Oversight Chairman James Comer (R., Ky.) describes transactions related to one of Mr. Biden’s brothers:
Persons: James, Sara Biden, Joe Biden, James Comer, Biden’s Organizations: White, Associated Press, Republican Locations: South Korea, Ky
What a Long, Strange and Unsatisfying EV Trip It’s Been
  + stars: | 2023-10-20 | by ( James Freeman | ) www.wsj.com   time to read: +1 min
Secretary of Energy Jennifer Granholm and Secretary of Transportation Pete Buttigieg charge an electric vehicle in Takoma Park, Maryland in 2021. Photo: michael reynolds/ShutterstockIt’s a hard life on the road, especially when the journey involves politically correct transportation. Regular readers are familiar with the travails of Secretary of Energy Jennifer Granholm and Secretary of Transportation Pete Buttigieg as they have bravely attempted to promote impractical travel. The Times identifies David Gelles as “a correspondent on the Climate desk,” suggesting he’s at least open to the idea of inefficient transport. Sure enough, Mr. Gelles reports in the Times’s Climate Forward newsletter that he’s had good experiences with Tesla and its charging network.
Persons: Energy Jennifer Granholm, Transportation Pete Buttigieg, michael reynolds, Shutterstock, David Gelles, Gelles, he’s, Tesla Organizations: Energy, Transportation, New York Times Locations: Takoma Park , Maryland, Minneapolis
Winfrey Distances Herself from Romney
  + stars: | 2023-10-18 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
Oprah Winfrey at a charity event in New York City in September. It seems that Sen. Mitt Romney (R., Utah) isn’t receiving much genuine affection from either community. Perhaps Mr. Romney, who has announced that he will not seek re-election in 2024, should consider resigning now and returning to the world of private equity where he was widely and justly and genuinely respected for outstanding achievements. It seems the final chapter of his Senate career is not going exactly as he might have hoped. Alex Weprin writes for the Hollywood Reporter:
Persons: Oprah Winfrey, Ilya S, Fred Thompson, Sen, Mitt Romney, isn’t, Romney, Alex Weprin Organizations: U.S . Senate, Hollywood Locations: New York City, Washington, , Utah
If We Had to Be Governed by the Harvard Faculty...
  + stars: | 2023-10-12 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
James Freeman is assistant editor of The Wall Street Journal's editorial page and author of the weekday Best of the Web column. He is the co-author of "Borrowed Time: Two Centuries of Booms, Busts and Bailouts at Citi," recognized as a New York Times Editors' Choice and a Financial Times Business Book of the Month. He is a contributor to the Fox News Channel and a host of "Deep Dive" on Fox Nation. Before joining the Journal in September 2007, James served as investor advocate at the U.S. Securities and Exchange Commission, where he encouraged the transformation of financial reporting technology to benefit individual investors. Follow James on Twitter @FreemanWSJ
Persons: James Freeman, Bailouts, James Organizations: Citi, New York Times, Financial, Fox News Channel, Fox Nation, U.S . Securities, Exchange Commission, Yale, Twitter
The Totalitarian Heart of Hillary Clinton
  + stars: | 2023-10-07 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
James Freeman is assistant editor of The Wall Street Journal's editorial page and author of the weekday Best of the Web column. He is the co-author of "Borrowed Time: Two Centuries of Booms, Busts and Bailouts at Citi," recognized as a New York Times Editors' Choice and a Financial Times Business Book of the Month. He is a contributor to the Fox News Channel and a host of "Deep Dive" on Fox Nation. Before joining the Journal in September 2007, James served as investor advocate at the U.S. Securities and Exchange Commission, where he encouraged the transformation of financial reporting technology to benefit individual investors. Follow James on Twitter @FreemanWSJ
Persons: James Freeman, Bailouts, James Organizations: Citi, New York Times, Financial, Fox News Channel, Fox Nation, U.S . Securities, Exchange Commission, Yale, Twitter
If You Think Socialism Is Unpopular Now...
  + stars: | 2023-09-27 | by ( James Freeman | ) www.wsj.com   time to read: +1 min
Photo: Anna Moneymaker/Getty ImagesThis column has lamented the modern evolution of the New York Times from left-leaning journalism to edgy content for progressives—“a juicy collection of great narratives,” in the words of the Times’s former media columnist. Having decided to cater to a limited and fiercely ideological slice of the public with its flagship newspaper, the New York Times Co. then opted to look for growth in entertainment products with broader appeal. But the reaction to a New York Times column this week raises the exciting possibility that even the newspaper’s readers have consumed about all the juicy progressive narratives they can stand. It’s unclear whether this is a precise reading of liberal sentiment, but one dares to hope that the entire Democratic Party might finally be ready to evolve out of its era of radical excess. The timing could be perfect as a warning from one influential leftist suggests that many of the party’s voters still don’t realize how much their ideas will cost them.
Persons: Anna Moneymaker, Organizations: New York Times, New York Times Co, Democratic Party
Is Seattle Ready to Stop Deteriorating?
  + stars: | 2023-09-21 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
James Freeman is assistant editor of The Wall Street Journal's editorial page and author of the weekday Best of the Web column. He is the co-author of "Borrowed Time: Two Centuries of Booms, Busts and Bailouts at Citi," recognized as a New York Times Editors' Choice and a Financial Times Business Book of the Month. He is a contributor to the Fox News Channel and a host of "Deep Dive" on Fox Nation. Before joining the Journal in September 2007, James served as investor advocate at the U.S. Securities and Exchange Commission, where he encouraged the transformation of financial reporting technology to benefit individual investors. Follow James on Twitter @FreemanWSJ
Persons: James Freeman, Bailouts, James Organizations: Citi, New York Times, Financial, Fox News Channel, Fox Nation, U.S . Securities, Exchange Commission, Yale, Twitter
If Trump Is Going to Win Again...
  + stars: | 2023-09-16 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
James Freeman is assistant editor of The Wall Street Journal's editorial page and author of the weekday Best of the Web column. He is the co-author of "Borrowed Time: Two Centuries of Booms, Busts and Bailouts at Citi," recognized as a New York Times Editors' Choice and a Financial Times Business Book of the Month. He is a contributor to the Fox News Channel and a host of "Deep Dive" on Fox Nation. Before joining the Journal in September 2007, James served as investor advocate at the U.S. Securities and Exchange Commission, where he encouraged the transformation of financial reporting technology to benefit individual investors. Follow James on Twitter @FreemanWSJ
Persons: James Freeman, Bailouts, James Organizations: Citi, New York Times, Financial, Fox News Channel, Fox Nation, U.S . Securities, Exchange Commission, Yale, Twitter
‘A 25-Minute Flight on 20 Minutes of Fuel’
  + stars: | 2023-09-06 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
James Freeman is assistant editor of The Wall Street Journal's editorial page and author of the weekday Best of the Web column. He is the co-author of "Borrowed Time: Two Centuries of Booms, Busts and Bailouts at Citi," recognized as a New York Times Editors' Choice and a Financial Times Business Book of the Month. He is a contributor to the Fox News Channel and a host of "Deep Dive" on Fox Nation. Before joining the Journal in September 2007, James served as investor advocate at the U.S. Securities and Exchange Commission, where he encouraged the transformation of financial reporting technology to benefit individual investors. Follow James on Twitter @FreemanWSJ
Persons: James Freeman, Bailouts, James Organizations: Citi, New York Times, Financial, Fox News Channel, Fox Nation, U.S . Securities, Exchange Commission, Yale, Twitter
‘They’re Coming for Your Cars’
  + stars: | 2023-07-13 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
President Joe Biden gets into his SUV while leaving the beach near his home in Rehoboth Beach, Delaware on Saturday. Photo: saul loeb/Agence France-Presse/Getty Images“The Impossible Dream” is the title of a new report on electric vehicles from the Manhattan Institute’s Mark Mills. After reading the particulars one wonders whether that title is too optimistic. One issue that probably hasn’t received enough attention is that even if politicians can manage to force all of humanity out of cars with internal combustion engines, it will still be extremely hard to meet political emissions targets unless the surviving electric vehicles are small and scarce. What also may not be appreciated given all the alleged innovation surrounding EVs is that production of the minerals needed to make them may become less environmentally friendly, not more.
Persons: Joe Biden, saul loeb, Mark Mills Organizations: Agence France, Manhattan Locations: Rehoboth Beach , Delaware
Biden Has a Kennedy Problem
  + stars: | 2023-05-31 | by ( James Freeman | ) www.wsj.com   time to read: 1 min
James Freeman is assistant editor of The Wall Street Journal's editorial page and author of the weekday Best of the Web column. He is the co-author of "Borrowed Time: Two Centuries of Booms, Busts and Bailouts at Citi," recognized as a New York Times Editors' Choice and a Financial Times Business Book of the Month. He is a contributor to the Fox News Channel and a host of "Deep Dive" on Fox Nation. Before joining the Journal in September 2007, James served as investor advocate at the U.S. Securities and Exchange Commission, where he encouraged the transformation of financial reporting technology to benefit individual investors. Follow James on Twitter @FreemanWSJ
Persons: James Freeman, Bailouts, James Organizations: Citi, New York Times, Financial, Fox News Channel, Fox Nation, U.S . Securities, Exchange Commission, Yale, Twitter
At issue is whether a public official's social media activity can amount to governmental action bound by First Amendment limits on government regulation of speech. The Garniers sued O'Connor-Ratcliff and Zane in federal court, claiming their free speech rights under the First Amendment were violated. Zane and O'Connor-Ratcliff each had public Facebook pages identifying them as government officials, according to the Garniers' court filing. O'Connor-Ratcliff also had a public Twitter profile. Circuit Court of Appeals last July agreed, finding that the school board members had presented their social media accounts as "channels of communication with the public" about school board business.
WASHINGTON, DC - APRIL 19: The Supreme Court of the United States, on Wednesday, April 19, 2023 in Washington, DC. But the legal dispute is the same: Can blocking someone on social media give rise to a free speech violation under the Constitution's First Amendment? It's a recurring question that has arisen at all levels of government as elected officials increasingly use social media to interact with voters. The appeals court concluded that the elected officials were acting in their official capacities and that social media accounts are akin to a public forum. The court also rejected the officials' argument that their social media pages were not official channels for members of the public to communicate with the government.
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