Institutional Governance & Accountability

By The Editorial Board
Wall Street Journal

Excerpt: Big news on big tech and free speech. A federal judge ruled Tuesday that government officials can’t coerce social-media platforms to do what the Constitution forbids the government from doing.

Missouri and Louisiana, joined by scientists and conservatives whose posts were censored, sued to protect their First Amendment rights. The issue in Missouri v. Biden isn’t whether social-media platforms are government actors, but whether government officials can be held responsible for their censorship. Judge Terry Doughty ruled they can and his 155-page opinion describes disturbing coordination between the government and tech firms to suppress unpopular views, especially on Covid-19.

By Greg Sargent and Paul Waldman
The Washington Post

Excerpt: At first glance, the plight of Katherine Rinderle, a fifth-grade teacher in Georgia, might seem confusing. Rinderle faces likely termination by the Cobb County School District for reading aloud a children’s book that touches on gender identity. Yet she is charged in part with violating policy related to a state law banning “divisive concepts” about race, not gender.

By Steven Lee Myers and David McCabe
New York Times

Excerpt: A federal judge in Louisiana on Tuesday restricted the Biden administration from communicating with social media platforms about broad swaths of content online, a ruling that could curtail efforts to combat false and misleading narratives about the coronavirus pandemic and other issues.

The order, which could have significant First Amendment implications, is a major development in a fierce legal fight over the boundaries and limits of speech online. It was a victory for Republicans who have often accused social media sites like Facebook, Twitter and YouTube of disproportionately taking down right-leaning content, sometimes in collaboration with government. Democrats say the platforms have failed to adequately police misinformation and hateful speech, leading to dangerous outcomes, including violence.

By Vimal Patel
New York Times

Excerpt: Rebecca Journey, a lecturer at the University of Chicago, thought little of calling her new undergraduate seminar “The Problem of Whiteness.” Though provocatively titled, the anthropology course covered familiar academic territory: how the racial category “white” has changed over time.

By Peter Berkowitz
RealClear Politics

Excerpt: In the United States and Britain, ill-informed and poorly reasoned opinions about transgenderism, climate change, COVID-19, Islamic extremism, working-class political inclinations and voting patterns, race, sex, hate speech, and identity politics dominate progressive elites’ thinking and drive their policymaking. This alone would pose no special challenge to freedom and democracy.