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Judge Napolitano predicts that the Supreme Court will rule in favor of the federal government in a free speech case, according to Newsmax.



Andrew Napolitano expressed his initial optimism on Monday to Newsmax that the U.S. Supreme Court would uphold a lower court’s ruling regarding the Biden administration’s collusion with social media companies to censor content.

However, the former New Jersey Superior Court judge conveyed to “Carl Higbie FRONTLINE” that after listening to oral arguments earlier in the day, he now believes Chief Justice John Roberts and Justice Brett Kavanaugh will side with the court’s three liberal justices in favor of the federal government.

The Supreme Court is currently reviewing the Biden administration’s appeal of a Fifth Circuit Court of Appeals ruling in New Orleans on Murthy v. Missouri. The lower court ruled in favor of Republican attorneys general from Missouri and Louisiana, along with five individual plaintiffs, finding that social media posts related to COVID-19 and the 2020 election were taken down or reduced in visibility at the government’s behest.

While the appeals court affirmed the decision, it narrowed the lower court’s ruling by limiting communication to select agencies, including the White House, the Surgeon General, the CDC, and the FBI.

Napolitano remarked, “I was very optimistic about this case this morning. I am not optimistic after reading the transcript of the oral arguments. The Chief Justice and Justice Kavanaugh sound like they’ve gone over to the other side and are going to agree with the three liberal justices. It’s going to be 5 to 4 upholding this.

“How are they going to uphold it? They’re not going to rule on the First Amendment, in my opinion – they’re going to say that the attorneys general and the several individual plaintiffs who each of those attorneys general from Louisiana and Missouri got as plaintiffs do not have standing to sue.”

Napolitano predicted that the Supreme Court will defer the issue, allowing the federal government to continue influencing Big Tech through incentives or penalties. This approach undermines the principle of free speech, according to Napolitano, who emphasized the government’s role should be hands-off when it comes to speech.

He noted that the authenticity of the suppressed content, such as the material from Hunter Biden’s laptop, is irrelevant to the case at hand.

“The Supreme Court is concerned with governmental power,” Napolitano stated. “Justice Kavanaugh’s past experience in the Bush administration seems to influence his stance in favor of the executive branch. The Chief Justice appears to align with the liberal justices, showing a departure from the initial affirmation of free speech that was seen in the district and appeals courts.

“This turn of events is disappointing. The Supreme Court seems to be straying from the core principles of free speech that were established in the Constitution. While there may be potential for misinterpretation, this is my interpretation based on current insights.”

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Michael Katz

Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.


© 2024 Newsmax. All rights reserved.



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