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Jack Greiner Published 9:25 a.m. ET May 27, 2020 | Updated 9:25 a.m. ET May 27, 2020

Jack Greiner, attorney for Graydon(Photo: Provided, Provided)

The Washington League for Increased Transparency and Ethics (Washlite), a public interest group in Washington state is suing Fox News under the Washington Consumer Protection Act for its alleged campaign of deception and omission regarding the danger of the international proliferation of the novel Coronavirus.

According to the complaint, Fox knowingly disseminated false, erroneous, and incomplete information . . . , [which] created an ongoing uncertainty amongst some members of the public as to the dangers of the virus and the rapidity with which the virus spreads.

Not surprisingly, Fox filed a motion to dismiss, arguing that the First Amendment prohibits the claim. The response from Washlite is interesting.

Rather than arguing that there is some particular exception here that would allow a court to find Fox liable despite the First Amendment, Washlite swings for the fences and contends that the First Amendment doesnt even apply to a cable television programmer/content provider . . . using a system owned and operated by a cable operator. It also contends that cable television does not stand on equal footing as print media or broadcast television.

That seems like a pretty strong and misguided contention. The Supreme Court has applied the First Amendment to video games, so it certainly has not confined freedom of speech to just traditional outlets.

To support its position, Washlite cited a Supreme Court case where three Justices wrote that cable programmers using a private cable system owned by another have no independent constitutional right to speak through the cable medium. Based on that limited ruling, Washlite contends a cable programmer has no First Amendment rights. That is, I think, a bit of an overstatement.

What the Justices were saying in that case was more limited. The ruling merely stands for the notion that [l]ike a free-lance writer seeking a paper in which to publish newspaper editorials, a programmer is protected in searching for an outlet for cable programming, but has no free-standing First Amendment right to have that programming transmitted. All this means is that a programmer cant assert the First Amendment to force someone to carry the programming. But thats a different issue than whether a cable programmer, who has found an outlet, can be punished for the programming. And thats the question in this case.

Its understandable that people may be frustrated with anyone who spreads misinformation about a deadly pandemic. But thats the thing about the First Amendment. It protects the right of a speaker even an ignorant and misinformed speaker to say their piece.

Jack Greiner is managing partner of Graydon law firm in Cincinnati. He represents Enquirer Media in First Amendment and media issues.

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Strictly Legal: Is Fox News entitled to First Amendment protection? - The Cincinnati Enquirer

Facebook wont ever solve its content moderation problems to the satisfaction of all. Not because its incapable of doing so, but because free speech is the hottest of hot buttons.

People want Facebook to police itself and they dont want Facebook acting as a censor.

Its an awkward dynamic that was on display at Facebooks annual (virtual, of course) shareholders meeting on Wednesday.

During the Q&A portion of the meeting, one shareholder asked, Why do you allow hate speech on your platform? Seems like you should outlaw this. A few minutes later, another shareholder questioned why Facebook is acting as an arbiter of free speech. I dont think you need to be a watchdog censorship is not your job.

Thats the dilemma in a nutshell. Why do you take down so much content in some cases and why arent you taking down more? said Mark Zuckerberg. People across society do not agree on the right way to address this.

Zuckerberg said Facebook takes a principled stand for free speech as the default position, with policies in place to take down content that could lead to imminent violence or physical harm.

Were certainly not perfect at it and we make operational mistakes in terms of how we enforce things, Zuckerberg said. Its a constant evolution.

But not, apparently, when it comes to political speech. Facebook is sticking to its guns on allowing politicians to include false information in advertising on the platform.

A stockholder proposal calling for an independent report on the implications of exempting political advertising and posts from fact-checking was rejected. (So were calls for the distribution of equal voting rights for all shareholders and the appointment of an independent board chair. Shareholders push similar resolutions every year with no luck.)

We do not believe a private company like Facebook should be in the business of vetting what politicians say about each other or be the arbiter of truth when it comes to open democratic debate, said Nick Clegg, Facebooks head of global policy and communications, and a former deputy prime minister of the United Kingdom.

There are some limits. Politicians cant disseminate hate speech or spread deliberate misinformation that leads to voter suppression.

Its not a free-for-all, Clegg said. But, in general, people should be able to hear what politicians say to make up their own minds.

Its a stance that rubs some shareholders the wrong way. What Facebook considers a standard others see as a double standard.

Facebook, for example, took swift action on coronavirus-related misinformation, because its an issue that Zuckerberg personally prioritized. But other content, including hate speech, remains on the platform, said Rashad Robinson, president of the nonprofit Color of Change. Robinson was presenting a resolution calling for the board to oversee a report focused on civil and human rights across Facebook.

The mere presence of policies on the books does not itself lead to effective practices across an organization, Robinson said.

(His resolution was rejected by the board.)

Read this article:
Facebook Keeps Touting The First Amendment To Justify Its Content Policies - AdExchanger

GENESEO Livingston County Sheriff Thomas J. Dougherty confirmed Tuesday his deputies wont disturb gatherings of more than 10 people if theyre gathered for the purpose of practicing their religion. Such a gathering would be in violation of an executive order from Gov. Andrew Cuomo and punishable by an up to $1,000 fine.

I did put out a written directive to our patrol division members stating that if we are called to investigate a PAUSE violation involving people gathering for the purpose of a religious service, to do a drive by only, document in a report and forward to the chief deputy of our police services for further review, said Dougherty in an email. We will not be disrupting these services.

The contents of the directive are in line with the actions the Sheriffs Office has taken in response to previous complaints alleging violations of Cuomos New York on PAUSE order in Livingston County, Dougherty said.

We have not made one arrest on a PAUSE-related complaint but instead investigated and, if founded, educated only, he explained.

Dougherty said his decision to issue the directive was very difficult, especially given the intent of Cuomos order to minimize loss of life during a public health crisis. But with businesses starting to resume operations under the first phase of the governors reopening plan, and more slated to begin opening in Phase II, it ultimately came down to a Constitutional issue, he said.

The First Amendment is very clear and therefore we will not interfere with these religious gatherings, Dougherty said. Instead, we will do the drive by, document and review each case without disruption.

Dougherty declined to provide a copy of the written directive he sent to deputies.

New Yorks public gathering restrictions, which have been in place in some form since mid-March, started to slacken earlier this month in certain areas of the state that met criteria laid out in Cuomos reopening plan, which he dubbed New York Forward.

The plan established four different phases during which certain types of business are allowed to start reopening in the regions of the state that achieve public health metrics, such as a sufficiently low coronavirus infection rate and the presence of robust contact-tracing capacity.

The Finger Lakes Region, which includes Livingston County, was among the regions allowed to begin Phase I reopening May 15. The phase allowed businesses in the construction, agriculture and manufacturing industries, among others, to resume operations, provided they observe social distancing and other public health measures meant to slow the spread of the new coronavirus.

To read the New York Forward reopening guidelines, click here.

But nowhere in Cuomos initial reopening plan was there mention of when places of worship would be allowed to resume normal religious observances. In statements May 18, the states budget director, Robert Mujica, said churches would be allowed to begin reopening in the fourth and final phase of the states reopening plan.

That drew criticism from faith leaders, 300 of whom signed an open letter May 19 calling on Cuomo to prioritize the safe re-opening of churches for in-person worship services.

In a statement announcing the letter, Jason McGuire, executive director for New Yorkers for Constitutional Freedoms, a conservative values advocacy and lobbying group, argued churches should be allowed to begin reopening earlier, during Phase II.

If it is safe to re-open retail establishments in a given region, it is safe to re-open churches in that region as well, said McGuire, a Lima resident.

Local faith leaders who signed the open letter include Rev. Paul Palmer of the Oakland Wesleyan Church in Nunda, Pastor Donald Ray of the Pleasant Valley Baptist Church in Geneseo, and Pastor Matthew White of Village Baptist Church in Mount Morris.

To read the letter, click here.

In statements May 20, Cuomo addressed the issue, saying religious gatherings of up to 10 people were OK, as long as participants observed social distancing guidelines and wore face masks. The governor followed those statements with a May 21 executive order, which permitted gatherings of ten or fewer individuals for any religious service or ceremony.

To read the executive order, click here.

Cuomo also encouraged places of worship to consider drive-in and parking lot services for religious ceremonies.

As a former altar boy, I get it. I think even at this time of stress and when people are so anxious and so confused, I think those religious ceremonies can be very comforting, Cuomo said. But we need to find out how to do it, and do it safely, and do it smartly. The last thing we want to do is have a religious ceremony that winds up having more people infected.

In a statement posted to its website, NYCF said Cuomos 10 or fewer people concession on religious services doesnt go far enough, calling it an attempt to appease faith communities by making a minor gesture in our direction that falls far short of what is needed.

Added the group: A continued ban on worship services of more than 10 people effectively prevents all but the smallest churches from holding in-person services. There is no public health reason to bar churches in areas that have not been significantly affected by the pandemic from holding in-person services, provided that health and safety precautions are taken.

See more here:
'The First Amendment is very clear': Sheriff's Office won't break up religious services for 'NY on PAUSE' violations - The Livingston County News

The same day Donald Trump took to Twitter to threaten to regulate or shut down social media sites, the U.S. appeals court in Washington, D.C. dismissed a lawsuit accusing top tech companies of silencing conservative voices. Filed in 2018 by nonprofit Freedom Watch and right-wing gadfly Laura Loomer, the suit accused Apple, Facebook, Twitter and Google of stifling First Amendment rights.

The suit alleged that four of techs biggest names have engaged in a conspiracy to intentionally and willfully suppress politically conservative content. It specifically cited Loomers ban from Twitter and Facebook, following a tweet about Congresswoman Ilhan Omar. Also noted is her inability to grow an audience base and revenue on Googles YouTube, suggesting that after Trumps election growth on these platforms has come to a complete halt, and its audience base and revenue generated has either plateaued or diminished. Apples alleged role is less clear.

In the ruling, District Judge Trevor McFadden notes that Freedom Watch and Loomer failed to back up a claim that the companies were state actors, involved with the regulation of free speech.

The Plaintiffs do not show how the Platforms alleged conduct may fairly be treated as actions taken by the government itself, the judge writes. Facebook and Twitter, for example, are private businesses that do not become state actors based solely on the provision of their social media networks to the public.

In other words, the companies cannot violate the first amendment, because banning users doesnt constitute government abridgment of free speech. Per the decision, Freedom Watch fails to point to additional facts indicating that these Platforms are engaged in state action and thus fails to state a viable First Amendment claim.

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Appeals court rules in favor of Google, Apple, Facebook and Twitter in anti-conservative bias suit - TechCrunch

The Burke County community may be wondering if the recent ruling from the North Carolina federal court allowing churches to resume indoor services will change the way church services are currently held.

Livestreaming worship services, Bible studies and prayer meetings through Facebook and YouTube have been well-received in the community and beyond, according to many Burke County church pastors.

Viewing is significantly higher than our regular attendance, said the Rev. George Logan, pastor of New Day Christian Church. Many of our members are sharing messages with their family and friends. Weve gotten positive messages and comments from people from around our community, as well as the country and abroad.

Many churches provide a CD of the service to watch for church members who are not on Facebook or YouTube or who may not be technologically savvy. Members also check in on them by phone.

First Baptist Church of Morganton also reaches out to members by mailing a weekly newsletter and offers its Sunday morning service livestream on CoMPAS Cable Channel 2.

Judging from the numbers of people viewing the Sunday morning services, it appears that we are reaching hundreds of viewers each week, said the Rev. Dr. Tom Bland Jr., senior pastor at FBC of Morganton. I suspect that other churches that have been conducting online services have had similar experiences.

Chambers Chapel Missionary Baptist Church and First Baptist Church of Glen Alpine offer drive-up services Sundays. Gaston Chapel AME hosts praise in the parking lot services, and First Baptist Church of Icard holds services on the church grounds with attendees spaced 6 feet apart.

This information is current as of May 20, 2020 and includes information from more than 70 communities served by Lee newspapers. Please check directly with the place of worship for any change in status or services prior to attending or tuning in.

On Saturday, May 16, Judge James C. Dever III, of the Eastern District of North Carolina federal court, issued a temporary restraining order blocking the government from enforcing Gov. Roy Coopers executive order banning indoor religious services, ruling that it was a violation of the First Amendment, according to a previous News Herald article.

The lawsuit was filed by the Rev. Ronnie Baity, pastor of Berean Baptist Church in Winston-Salem; Return America Inc.; and Peoples Baptist Church Inc. A hearing is scheduled for May 29.

A few pastors in the community offered to shed some light on how they will serve their congregations amid the new ruling and COVID-19.

Logan said they will eventually begin to hold indoor services, but not until they have a comprehensive plan in place, which they are working on now.

It is of utmost importance to accurately discern what Gods spirit is saying to us, Logan said. If we do so, we will effectively minister to and protect our members, while still respecting authority.

Bland said they followed the governors executive order precisely and voluntarily for many reasons, but mainly for the concern for the health and safety of church members and visitors.

Our church presently is praying about and exploring (the) next steps as we anticipate that our state soon will transition into Phase 2 of its reopening, Bland said. We have made no decisions yet, at least through the end of May and possibly longer. (Before) any changes, we will prepare our facilities as fully as possible through strict adherence to (the) Centers for Disease Control and Prevention guidelines.

Thrive Church is allowing indoor services beginning May 24, where members must register on Facebook to attend the 10:45 a.m. service. Seating is limited to 50 people. Masks and social distancing are mandatory. Families are allowed to sit together.

Bland explained what we need to remember to continue to protect people from the virus.

We do not want to risk jeopardizing the health of anyone who might attend, he said. We want to strive to obey the biblical commandment to love our neighbors as ourselves, including through how we conduct ourselves as a church family as this pandemic continues.

Barbara Jolly-Deakle is a News Herald correspondent and a member of the Morganton Writers Group. She can be reached at BabbyWrites@CompasCable.net.

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Churches respond to COVID-19, First Amendment ruling - Morganton News Herald