Trump is to be reinstated on Twitter. That is the right result in terms of free speech, but hardly the right reason. Free speech should not depend on one's popularity. foxnews.com/politics/elon-… if Trump received 2 % fewer votes? Would his speech remain 100% banned on Twitter?
...Having fun with free speech is hardly harmless when it is someone else's free speech that is the prize. It has nothing to do with Trump. It is the notion that someone's right to speak is treated as a prize for a plebiscite...
...Ironically, "Vox Populi, Vox Dei" can be traced to Alcuin's letter to Charlemagne in 798 as a part of a warning not to yield to mob will since "the riotousness of the crowd is always very close to madness"...
...For free speech advocates, the meaning is more positive but Vox Populi is only discernible with all are afforded equal right to speak. Rather than stand behind a poll, Musk could have stood on principle...
...Once again, many of us are grateful that Musk bought Twitter and has moved to end its censorship culture. However, we do not need free speech rights to protect popular speech or popular speakers. The test is allowing such speech when it has few supporters or favorable polls.

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More from @JonathanTurley

Nov 20
A new study indicates that nicotinamide riboside (NR) may be too effective as an anti-aging drug: it may contribute to cancer. thehill.com/changing-ameri… Yet, in order to pull the product off the market, the FDA must find that it is adulterated or misbranded...
...Under the Dietary Supplement Health and Education Act, the FDA only removes such products from the market, if it can show "such products are adulterated (e.g., that the product is unsafe) or misbranded (e.g., that the labeling is false or misleading)... fda.gov/food/dietary-s…
...Supplements present a difficult problem for the FDA. If the product is unsafe, the FDA says that it take action with proof of "adverse events." fda.gov/food/dietary-s…
Read 5 tweets
Nov 18
President Trump's statement that he "won’t partake in" in the Special Counsel investigation suggests that he will elect to remain silent and not cooperate in any investigation by Jack Smith...
...However, Smith is unlikely to seek a "partaking" by Trump as opposed to pressuring those around him, particularly on the Mar-a-Lago allegations...
...the Trump team has already made a wide array of statements on behalf of the former president. Smith could seek immunity for some Trump staff or pursue charges with an eye to coercing cooperation...
Read 6 tweets
Nov 15
A Georgia court just struck down the heartbeat law as unconstitutional.Fulton County Superior Court Judge Robert McBurney struck down the law as unconstitutional when it was enacted as opposed to the law as it stands today after the Dobbs decision...
...In footnote 5, Judge McBurney gives a backhand to the Dobbs majority: "Dobbs’ authority flows not from some mystical higher wisdom but instead basic math. The Dobbs majority is not somehow 'more correct' than the majority that birthed Roe or Casey...
"...Despite its frothy language disparaging the views espoused by previous Justices, the magic of Dobbs is not its special insight into historical “facts” or its monopoly on constitutional hermeneutics. It is simply numbers..."
Read 5 tweets
Nov 15
The latest lawsuit from the Warnock for Georgia campaign, the Democratic Senatorial Campaign Committee (DSCC), and the Democratic Party of Georgia are asking a court to override Georgia law is a virtual invitation for judicial activism...
..."There shall be a period of advance voting that shall commence... On the fourth Monday immediately prior to a runoff from a general election in which there are candidates for a federal office on the ballot in the runoff." ...
...Warnock and the Democratic Party are asking a court to set aside that express state provision and order the commencement of early voting on the Saturday after Thanksgiving...
Read 4 tweets
Nov 14
Stein’s warning comes at a time when journalists are apoplectic about free speech protections being restored on social media. Former Politico magazine editor Garrett Graff summed up the collective vapors succinctly: “Be afraid, be actually afraid.”... jonathanturley.org/2022/11/14/alw…
...Now, however, journalists appear to be shifting to make Musk afraid, very afraid, of what awaits him if he confronts powerful Democrats or allows a greater diversity of viewpoints on Twitter...
...While some of us believe that it is good to “risk” criticism of powerful leaders in a democracy, Stein cannot understand why Musk would take such a risk, even as figures like Markey try to coerce him to restore censorship on Twitter.
Read 4 tweets
Nov 10
NPR just pointed out that "the only reason that runoffs exist" in Georgia was to "disenfranchise black voters." The coverage went on to describe Walker as a poor candidate and Warnock as a bipartisan leader...
...The point was that the runoff rule was first supported by segregationists in the state. However, such runoffs are supported by many of us as an enhancement of the democratic process to ensure that leaders are elected by a majority of voters. jonathanturley.org/2016/03/07/vot…
...Different forms of runoffs are used in primary or general elections in Alabama, Arkansas, Georgia
Mississippi, North Carolina, Oklahoma, South Carolina, South Dakota, Texas, and Vermont.
Read 4 tweets

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