Last Week Missouri Told The Supreme Court No Gov’t Should EVER Interfere With Speech; This Week It Sues Media Matters For Its Speech

from the andrew-bailey-wouldn't-know-the-1st-amendment-if-it-bit-him-in-the-ass dept

“[W]hether you call this coercion, if that’s the label you attach, you call it encouragement, you call it promotion, you call it inducement, whatever it is, if the government is attempting to abridge the speech rights of a third party, that has to be unconstitutional because that falls within the plain text of the First Amendment.” — Benjamin Aguinaga, arguing on behalf of the states of Missouri and Louisiana in front of the Supreme Court last week.

I know that hypocrisy is no longer a political liability, especially for the most egregious political grifters out there, but it should still be called out. This week’s example of extreme hypocrisy and nonsense is Missouri’s ridiculous Attorney General, Andrew Bailey.

Just last week, Missouri was before the Supreme Court, represented by the Solicitor General of Louisiana (the two states partnered up to bring this case). They claimed that under the 1st Amendment there were no situations where governments should ever seek to suppress anyone’s speech.

And this week, Missouri is now suing the group Media Matters over its speech. In December, we called out the taxpayer-funded, bullshit, censorial “investigation” into Media Matters that Bailey had started. Bailey was acting as the personal goon squad for Elon Musk, who was upset that Media Matters accurately showed how big company ads could appear next to neo-Nazi content. Notably, this is hardly the first time that Missouri AG Andrew Bailey has gone after organizations because he didn’t like what they had to say.

Andrew Bailey is a censorial dipshit who pretends to be a free speech supporter while exhibiting a pattern of abusing his position as Attorney General to subject organizations to nonsense threats, intimidation, and bogus investigations over their speech.

Well, apparently, Bailey sent a Civil Investigative Demand (CID) to Media Matters and then immediately sued them, claiming that the organization was planning to ignore the CID. Technically, the lawsuit is for the future violation of failing to respond to the CID, but as Bailey makes abundantly clear, this is about two things and two things only: (1) sucking up to Elon Musk and (2) punishing Media Matters for its speech.

The CID is asking for all sorts of private information that Bailey has no right to. This includes a bunch of internal documents regarding strategy and donor communications. But also details on all donors from the state of Missouri. That alone is clearly an intimidation technique and an attempt to stop people from donating to Media Matters.

Just imagine how political grifters like Andrew Bailey would respond to a blue state filing a similar CID with a MAGA non-profit. He would be outraged. And he would be right in that case. This kind of censorial dipshittery has no business in any party.

Again, this is the same state that claims that the government simply sending information to social media companies saying things like “watch out for this kind of misinformation” is censorial. But attacking a company for accurately talking about ExTwitter… is fine and dandy?

Fucking hypocrite.

The complaint and Bailey’s laughably ridiculous press release make it quite clear that this is all an effort to make Musk happy.

Media Matters, a self-styled not-for-profit ‘progressive research and information center,’ envisions itself monitoring, analyzing, and correcting ‘conservative misinformation’ in the U.S. media. In fact, this description falls far short of reality for this political activist organization. Instead, rather than passively ‘monitoring,’ Media Matters has used fraud to solicit donations from Missourians in order to trick advertisers into removing their advertisements from X, formerly Twitter, one of the last platforms dedicated to free speech in America.

Notably, at no point in either the lawsuit, nor in the CID, does Bailey show anything even remotely suggesting “fraud to solicit donations.” The entirety of the accusation appears to be that Elon Musk thinks that Media Matters “fraudulently” created conditions which allowed it to find ads of big companies next to neo-Nazi content (which ExTwitter happily hosts). But there was no fraud. Media Matters simply did what the platform allowed (follow a bunch of neo-Nazis, who Elon Musk appears happy to have on his platform, and reload until they saw ads). No one denies that what Media Matters saw actually happened.

It’s just that Elon doesn’t like that there was an implication that some people read into the accurate report that big company ads regularly appeared next to neo-Nazi content.

Instead, ExTwitter wants people to know that it’s only sometimes that such ads appear next to the neo-Nazi content that it happily hosts on its platform.

There was no fraud. But Bailey is claiming that because Elon falsely thinks there’s fraud, that must mean that Media Matters is “fraudulently tricking” people into donating. Which is nonsense. There was nothing to trick donors or advertisers. Media Matters accurately reported something. Donors know who they’re supporting when they support Media Matters. Nothing Bailey has published suggests anything even remotely approximating “fraud” on Media Matters donors.

Elon Musk just doesn’t like what Media Matters found. And Andrew Bailey, a government censor, is seeking to punish Media Matters to suck up to Elon. The complaint is pretty clear that Bailey wants to punish Media Matters for being “progressive” in its politics:

Missourians will not be manipulated by “progressive” activists masquerading as news outlets…

The First Amendment called, Andrew, and it wants its ‘free speech defender’ merit badge back.

Look, I get it. Today’s Republican Party has lost all sense of principle beyond “it’s bad when Democrats do it, but it’s great when we do it, because we’re doing it to silence those woke progressive bastards.” But that’s not how this is supposed to work, and people should call it out.

And that, especially, includes those who supported Bailey in his arguments in the Murthy case. Anyone who supported Bailey in that case should be willing to call out his hypocrisy here. Otherwise, they’re saying their own principles are just as paper thin as Bailey’s.

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Companies: media matters, twitter, x

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Comments on “Last Week Missouri Told The Supreme Court No Gov’t Should EVER Interfere With Speech; This Week It Sues Media Matters For Its Speech”

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81 Comments

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MrWilson (profile) says:

Instead, rather than passively ‘monitoring,’ Media Matters has used fraud to solicit donations from Missourians in order to trick advertisers into removing their advertisements from X, formerly Twitter, one of the last platforms dedicated to free speech in America.

At what point is the Attorney General liable for defamation or some other lawsuit cause here?

This comment has been deemed insightful by the community.
That One Guy (profile) says:

Re: Re: Re:

Ehh, I can see arguments for that going either way.

On the one hand immunity when filing could mean someone could deliberately include as many false heinous accusations as possible in their filing and then unless it’s sealed basically immediately as soon as the press got ahold of it the other person is going to have one hell of a rough time defending themselves publicly, even more so if they happen to lose the case(which would not necessarily require them to be guilty of what they’re being accused of).

On the other hand a lack of immunity could make accusing anyone with sufficient money to burn of any serious crime a massive risk since they could just turn around and sue their accuser for defamation, and unless they happen to live in a state with a strong anti-SLAPP law that could leave them worse off than if they’d just kept their mouth shut regarding the original accusation.

Hopefully the law takes both of these into account and there are some limits as to what you can put in a legal accusation without risk, but given how much of a tightrope it would be to balance the competing interests of both sides I suspect that it’s probably not handled as well as it could or should be.

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Matthew M Bennett says:

Get it through your thick head

Opposing government censorship and suing over obvious defamation is NOT the same thing.

who was upset that Media Matters accurately showed how big company ads could appear next to neo-Nazi content.

Incorrect. They lied. The lawsuit is still going forward. You are lying about that lawsuit and it’s merits.

You can both oppose the government pressuring SM companies into censoring dissent AND want to punish people for lying about you. You can want to enforce NDAs too. None of that is contradictory you short buss reject.

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Stephen T. Stone (profile) says:

Re:

I have a few questions for you:

  1. What specific statements by Media Matters were potentially defamatory?
  2. What specific person or entity did those statements allegedly defame?
  3. Is that person or entity suing Media Matters for defamation over those specific statements?
  4. What specific actions from Media Matters establish a fraud that would require an investigation by the government?

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Anonymous Coward says:

Re: Re: Re:

I guess you covered in as much depth as in the other case were you claimed it was defamation while screaming “You don’t understand the law”..

Seems you are unable to learn even the simplest things.

Do we need to have the lesser known bastard-son of “it’s not rico, dammit” here? Yes, I think do.

It’s not defamation, dammit.

This comment has been deemed insightful by the community.
Anonymous Coward says:

Re:

Yes or no – did Media Matters get served ads next to pro-nazi tweets?

Citing the words Media Matters wrote, please point to the lie.

Claims they manipulated the feed to increase the speed the results would be found is not a lie. Media Matters explicitly laid out the manipulation as part of their methodology. The “manipulation” could be done by any user, using the site as intended, and any user following Pro-nazi twitter accounts could encounter these same results. Several brands associated specifically had stopped ads over concerns their ads could be connected to pro nazi content, and only resumed when provided assurances that couldn’t happen.

Please state where in that statement I lied.

This comment has been deemed insightful by the community.
Anonymous Coward says:

Re:

You can both oppose the government pressuring SM companies into censoring dissent AND want to punish people for lying about you.

Mississippi declared the first outright. And it has no standing on the latter. The state cannot bring defamation suits, either on behalf of itself (a state cannot be defamed) or a third party (because that simply isn’t a thing).

Luckily, that’s not what Mississippi (through AG Bailey) is charging. Unfortunately, you conflated them.

You can want to enforce NDAs too.

What NDAs was Media Matters a party to? That seems to have been left out of your diatribe.

None of that is contradictory you short buss reject.

Ah, heh. Ad Hominem. How considerate of you. And considering that you’re the one that brings NDAs into the issue, I’m thinking Strawman as well. Two fallacies at the same time, how clever. Three, if you count Irrelevant Conclusion.

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This comment has been deemed insightful by the community.
Anonymous Coward says:

Re:

short buss reject

You didn’t even spell “bus” correctly here. Imagine spelling a three-letter word incorrectly in the course of calling someone else stupid.

Let’s just cut the shit. You’re doing a performance art project here, aren’t you? Your posts are just artistic expression designed to highlight the irredeemable willful stupidity driving the right wing’s agenda.

This comment has been deemed insightful by the community.
Anonymous Coward says:

Re:

Opposing government censorship and suing over obvious defamation is NOT the same thing.

The case has no defamation claim.

But even if there were (and there is not) that would not give the state of Missouri any standing to go after Media Matters.

Where did you go to law school and does that school know they graduated an idiot?

This comment has been deemed insightful by the community.
Stephen T. Stone (profile) says:

Re:

The Republican view of “limited government” isn’t “the state in all its forms should be limited in how it governs individuals”, but “the federal government should stop interfering with tyrannical applications of the political authority of all lower-level governments”.

This comment has been deemed insightful by the community.
blakestacey (profile) says:

Re:

Also apt:

“I always discover that my interlocutor idolizes Hitler, not in spite of the high-altitude bombs and the rumbling invasions, the machine guns, the accusations and lies, but because of those acts and instruments. He is delighted by evil and atrocity. The triumph of Germany does not matter to him; he wants the humiliation of England and a satisfying burning of London. He admires Hitler as he once admired his precursors in the criminal underworld of Chicago. The discussion becomes impossible because the offenses I ascribe to Hitler are, for him, wonders and virtues. The apologists of Amigas, Ramirez, Quiroga, Rosas or Urquiza pardon or gloss over their crimes; the defender of Hitler derives a special pleasure from them. The Hitlerist is always a spiteful man, and a secret and sometimes public worshiper of criminal ‘vivacity’ and cruelty.”

— Jorge Luis Borges

This comment has been flagged by the community. Click here to show it.

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MrWilson (profile) says:

Re:

Except Mike and company are posting articles to which you seem compelled to respond, so by your logic, Mike is controlling you. You could prove me wrong by not commenting here anymore, but you still will because you can’t help yourself. Whenever you comment, you’re just admitting that you’re weak. Feel free to continue dunking on yourself with every word you type here.

Anonymous Coward says:

Re:

Guy, what you do is take a dump in the middle of a shopping mall and think that just because the staff have to clean and disinfect the area, you now command every aspect of their life.

Does your spouse and offspring know that this is what you pass off as your crowning achievement? Or are they, as we have all suspected, completely imaginary?

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