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Daily Archives: March 2, 2024
Oregon Mom Treated Teen Daughter’s Liver Cancer with CBD Oil, Gets 90 Days in Jail – PEOPLE
Posted: March 2, 2024 at 2:28 pm
An Oregon mother was sentenced to three months in jail and supervised probation for trying to keep her daughter from receiving surgery in 2019 to treat her liver cancer and instead attempting to treat the disease with CBD oil and vitamins.
Local station WLBT reports that the mother, 39-year-old Christina Dixon, became emotional on Monday when she received her sentence, which prosecutors believed to be too lenient.
According to The Oregonian, prosecutors originally sought a 19-month sentence against the mother for trying to keep her then-13-year-old daughter from receiving the recommended medical attention for her cancer diagnosis.
The reason that [she] is alive today is because she got the chemotherapy, because she got surgery, because of tumors removed, Deputy District Attorney Brian Powell told a judge at the sentencing hearing Monday.
But Circuit Judge Michael Wetzel opted to hand down a more lenient 90-day sentencing because Dixons daughter, now 17 years old, has continued to support her mother, according to WLBT.
The daughter was not at the court hearing, but the teen's father Jim Dixon was and said he was disappointed in the lax sentencing. Im glad theres closure, finally, he said, according to the outlet. I was a little sad to see how easy she got off on all this considering all the damage shes done.
The teen was first diagnosed with cancer in 2018, according to The Oregonian. She underwent three rounds of chemotherapy before her mother began refusing to take her daughter to receive treatments. The newspaper reports that the states Department of Human Services then got involved and claimed custody of the girl, allowing the state to make medical decisions for her, while continuing to allow her to live with her mother.
Dixon then fled the state with the teen hours before her daughter was scheduled to have surgery in June 2019, taking her to Las Vegas. Police located the teen and returned her to Oregon, where she received successful surgery in 2020.
I never wanted to stop her treatment, DIxon told the court, according to WLBT. It was just with this particular doctor. I wouldve never put [her] in harms way. I did everything to fight for her life, and I put my own life on the line for her.
Greg Oliveros, Dixons lawyer, told the court this week that the mother made some mistakes but argued that one could argue her love for her child clouded her common sense or judgment, according to The Oregonian.
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The daughter is now cancer free, according to her father, although the newspaper reports he hasnt seen his daughter since 2020.
The truth is that [she] had a tumor that CBD wasnt doing a thing to help, her father told WLBT. The only thing that was helping was the treatment that she was getting, and she had the surgery. And shes cancer free now because of it."
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Oregon Mom Treated Teen Daughter's Liver Cancer with CBD Oil, Gets 90 Days in Jail - PEOPLE
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This CBD business’s Amish CEO wants to make Lancaster a hemp haven – The Philadelphia Inquirer
Posted: at 2:28 pm
On a recent morning, the shelves at Lancaster County Marketing were lined with CBD root beer and cotton candy lollipops, hemp-infused honey and muscle salves, and CBD prerolled joints with names like Elektra and Special Sauce. A 300-pound sack brimming with leftovers from the local cannabis harvest, on its way to becoming highly prized CBD oil, suffused the office with a particular pungent smell. Across the driveway, the standardbred horse that transported CEO Reuben Riehl to work grazed near a small buggy.
Riehl, 29, is a cannabis visionary in Lancaster County, the cannabis capital of Pennsylvania. But despite the ubiquitousness of CBD in everything from soda to bath bombs, its hard to be a visionary these days. Its nearly a full-time job for Riehl to convince his Amish community, and sometimes even himself, that selling hemp-derived wares is still a good idea.
Cannabidiol, or CBD, is one chemical compound in the hemp plant. To a layperson, hemp can look identical to marijuana; both fall under the umbrella of cannabis. But hemp contains less than 0.3% of Delta-9 THC, the psychoactive compound in marijuana that makes a person high. (For comparison, dispensaries sell marijuana that contains upward of 20% THC). In recent years the popularity of CBD has soared, with people turning to it for seizure disorders, arthritis and joint pain, anxiety, and insomnia.
Hundreds of years ago, hemp was a major cash crop in Pennsylvania, immortalized in Lancaster town names like East and West Hempfield. The more recent excitement about CBD arrived in Lancaster about five years ago. That was when the federal Farm Bill of 2018 made it legal to grow, process, transport, and sell hemp nationwide. In Pennsylvania and around the country, farmers rushed to grow it, enticed by promises of enormous profits.
It was a particularly promising crop to the Amish, who eschew most modern technology, because hemp benefits from being harvested by hand. Lancaster County is home to the largest Amish settlement in the country, with more than 44,000 residents, according to records compiled by Elizabethtown College.
As Amish farmers in Lancaster turned to cannabis, Riehl saw a business opportunity. He founded Lancaster County Marketing in 2020, partnering with local Amish growers to process, distribute, and market their products to the wider world. He liked the anonymity of marketing in the name he chose.
His sisters did much of the formulating (Amish women cook, know how to mix things together, Riehl said), and he made the business connections. To hedge against disaster, he also started two other companies around the same time, one that sells dietary supplements and another that sells zeolite, a substance known for its absorbent properties.
Im very intrigued by natural medicine, he said. I dont like to use the word medicine because that goes with the pharmaceutical side of things. But we could call it therapeutic.
Hemp cultivation in Pennsylvania turned out to be an overstated gold rush. A huge boom in CBD production in 2019 oversaturated the market, and many farmers ended up with no buyers for their crops, said Erica Stark, executive director of the National Hemp Association and chairwoman of the Pennsylvania Hemp Industry Council. Some farmers were never paid and plants simply withered in the fields, said Jeffrey Graybill, an agronomy educator at Penn State.
This year, the state permitted just 290 acres for hemp, in contrast to more than 4,000 in 2019, according to the Pennsylvania Department of Agriculture. The majority of Amish farmers in Lancaster are back to tobacco as their cash crop of choice, Graybill said.
Riehl said he has never personally tried marijuana and doesnt think recreational weed should be legal. But he has found CBD and other hemp products beneficial.
He maintains dreams of selling his CBD nationally, transforming Lancaster into a major player in the cannabis industry. For now, he works out of a low-slung building in Christiana, where he relies on a landline, a paper desk calendar, and an email-only device with no internet connection called a mailbug to make business deals. Messages are passed in person or written on sticky notes; he doesnt have a cell phone.
He said if it made sense profitwise, he would also consider going into the business of magic mushrooms, another plant medicine with health benefits that is popular right now. (It is currently not legal in Pennsylvania to grow or sell mushrooms.)
Riehl now works with 10 local farms; last year he sold roughly 5,000 pounds of hemp flower and 26,000 pounds of what is called CBD biomass, the leftovers from the prime harvest that can be ground down into CBD oil. He sells most of the product wholesale to buyers on the East Coast and a small amount to retail customers. His storefront also sells handmade smoking paraphernalia and hot thermoses, like one that reads, If we all had a bong, weed all get along. Only about 1% of his cannabis customers are Amish, though he wishes that number was higher.
There are some people in the community that are still completely against it. They think they can get high from it, its psychoactive, its not good, Riehl said. I think thats the same thing on the outside, too. Theres just people who dont understand the concept of hemp.
In spite of the Farm Bill, CBD products exist in a legal gray area. The Food and Drug Administration has indicated that the way CBD is often sold, infused in food and drinks, is not lawful, said Josh Horn, cochair of the Cannabis Practice Group at Fox Rothschild in Philadelphia. Sellers are also not allowed to make any medical claims about it.
People have lived in this gray area for quite some time, Horn said. As long as you dont push the envelope too much and draw too much attention to yourself, the FDA will probably leave you alone.
Riehl has also been conflicted about drawing attention to his business for religious reasons, though he did an interview with the Daily Mail last fall. He agreed to let The Inquirer identify him by name but asked that no photos of his face be included for religious reasons. For business purposes, though, he has decided to speak with the press.
Recently, he has also been speaking with lawmakers in Harrisburg, urging an increase in the percentage of THC allowed in hemp plants and clearer state regulations for cannabis products. There are no state or federal regulations for the labeling, testing, or safety of such products, Stark said.
Riehl sometimes fears that local law enforcement will decide abruptly that his products are not legal. The Lancaster County District Attorneys Office sent Riehls company a memo last year warning that it was illegal to sell products containing Delta-8, another cannabinoid extracted from CBD. Riehl stopped selling them, deciding it wasnt worth the risk.
He hopes the cannabis industry will stabilize soon, so that his company can truly take off.
I dont like the black market, Riehl explained recently, because its not stable.
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Companies Were Big on CBD. Not Anymore. – The New York Times
Posted: at 2:28 pm
Just below rows of energy and kombucha drinks at Westside Market, a deli in the Chelsea neighborhood of Manhattan, sit a few glass bottles of Vybes. The drink, which comes in flavors like strawberry lavender and blood orange lime, is made with cannabidiol, more commonly known as CBD.
But a lack of federal rules and a mishmash of state regulations have made it impossible for Vybes to be distributed by a national retailer, like Target or Walmart. That has hindered the potential growth for the drink, said Jonathan Eppers, who left the technology industry to create Vybes in 2018.
For the first two years, we were riding a rocket ship, Mr. Eppers said. But the patchwork of laws and regulations around the space has made it tough to grow our business.
A little more than six years ago, CBD, the nonintoxicating component that is derived from cannabis or hemp, was poised to be the next big it ingredient, part of a wave of beverages and foods that were promoted as having healthful benefits or providing relaxation. Start-ups flooded the market with products, many promising to soothe stressed-out and anxious consumers.
At its apex around 2018, CBD was everywhere, appearing in water, chocolate bars, tinctures, gummies and skin serums. Consumers could buy athleisure apparel infused with CBD oil and feed their nervous pups CBD chews and snacks. Big corporations even jumped in. Molson Coors teamed up with a Canadian cannabis firm to create a line of CBD-infused drinks. Constellation Brands, the maker of Modelo beer, made a $4 billion investment in a publicly traded cannabis company. Ben & Jerrys began looking into creating CBD-infused ice cream.
In the last couple of years, however, the industry has stalled out. Molson Coors ended its joint venture, and Constellation has written down more than a $1 billion of its cannabis investments. Large companies have shelved plans for CBD products, and hundreds of start-ups have either shut down, shifted to other ingredients or simply tempered their growth projections.
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10 Best CBD Oils Of March 2024 Forbes Health – Forbes
Posted: at 2:28 pm
Experts advise newcomers to start with a low dose of CBD oil, such as 25 milligrams a day, and gradually increase their dose to a level that provides the desired effects. Its best to navigate this process under the guidance of a qualified health care provider, as reactions to CBD can vary per person.
For CBD oil to take effect, it must first be digested in a process called first-pass digestion. Preliminary research suggests consuming CBD oil with high-fat foods may increase CBDs bioavailability, but further human trials are needed. CBD tinctures are taken under the tongue and are absorbed by the mucous membranes, which may mean they take effect more quickly, though more scientific evidence is necessary to support this theory.
Theres no standard dose or potency when it comes to taking CBD oil. Effects vary from person to person and depend on the type of CBD used, as well as other factors, such as height, weight and metabolic function. Furthermore, the effective dose of CBD oil may change based on the intended usefor example, whether its being used to support sleep, improve pain levels or reduce anxiety. More research is needed to determine standard effective doses and potencies of CBD oil.
CBD oil is usedwithout much supportive evidencefor the self-medication of various conditions, including pain and anxiety, says Dr. Piomelli. If someone decides to try it, I would recommend to start with a low daily dose (50 milligrams maximum) and make sure to monitor themselves for side effects like somnolence (drowsiness), fatigue and diarrhea. I wouldnt exceed a daily dose of 250 milligrams, nor would I take it for more than two to three weeks.
The amount of CBD oil an individual should take varies based on the potency of the oil, the type of CBD it uses and desired effects. Whats more, CBD oil effects and absorption rates depend on additional factors, such as a persons body weight, height and individual metabolism.
Experts generally recommend starting with a low dose and potency and building from there to find the ideal CBD oil dose for you.
Some research suggests holding CBD oil underneath the tongue may lead to absorption through the bloodstream, meaning the effects may be felt sooner than other delivery methods, but additional studies are needed to support these claims.
Meanwhile, CBD oil that is swallowed may take as long as 30 minutes to four hours to take effect, according to Dr. Piomelli. Additionally, research indicates that CBD bioavailability increases when consumed with a high-fat or high-calorie meal rather than consuming CBD alone or on an empty stomach.
A full stomach speeds up absorption, but it could still take hours for CBD to be fully absorbed, adds Dr. Piomelli.
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Mom who gave daughter CBD oil for cancer treatment sentenced – KGW.com
Posted: at 2:28 pm
The 2019 case sparked debate over a parent's right to control medical care.
PORTLAND, Oregon A Clackamas County judge sentenced a mother to 90 days in prison for interfering with her daughters care by refusing established medical treatment. Prosecutors claim Christina Dixon, 39, tried to treat her daughters liver cancer with CBD oil.
In November, a jury found Dixon guiltyof custodial interference and criminal mistreatment for refusing doctors orders and interfering with her care.
The case sparked debate over a parents right to control medical care. In 2020, Dixon told KGW she didnt believe chemotherapy was helping her then 13-year-old daughter Kylee. Instead, the Wilsonville mother used alternative treatments, including vitamins, herbs and CBD oil to treat Kylees cancer at home.
The case caused much uproarfrom the alternative medicine community. Though CBD may alleviate some symptoms of cancer, such as nausea and pain relief, the substance cannot actually cure or control the disease.
Doctors wanted to remove the cancerous tumor. Instead, prosecutors claim Dixon ignored a state order to bring her daughter in for medical treatment and fled to Las Vegas, where the FBI tracked the pair down.
Kylee was taken into state protective custody and in 2020 underwent surgery.
She had the surgery, and shes cancer-free now because of it, explained Kylees father, Jim Dixon.
Dixon said he felt there should have been a tougher sentence for his ex-wife, Christina.
I was a little saddened to see how easy she got off on all this, considering all the damage shes done, said Dixon.
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CBD and cycling: significant performance claims, but proceed with caution – CyclingWeekly
Posted: at 2:28 pm
CBD products have become widely available in various outlets today, with grocery stores and health food stores prominently featuring them. For cyclists, options range from CBD-infused ride snacks to recovery beverages and even CBD chamois cream.
Derived from the marijuana plant, CBD is believed to provide relief from pain and anxiety, promote better sleep, and alleviate inflammation, according to the Journal of Cannabis Research. Some companies go as far as claiming substantial performance benefits, including increased Vo2 and reduced blood lactate levels.
But before you go all-in on the CBD trend, it's essential to understand what CBD is, its potential impact on on-the-bike performance, and what the World Anti-Doping Agency (WADA) has to say on the matter.
(Image credit: Getty Images)
CBD or cannabidoil is one of the many compounds cannabinoids found in the hemp or marijuana plant. Its an important component in the medical use of marijuana and its also an FDA approved drug. By itself, CBD does not produce the psychoactive effect or high associated with marijuana, that stems from THC (Tetrahydrocannabinol).
THC manifests in three prevalent forms: herbal, hash (or hashish), and hash oil. The herbal variant, crafted from dried cannabis leaves or buds, is the most popular, consumed through smoking or integration into foods and beverages.
In contrast, CBD, lacks psychoactive effects but is purported to offer diverse health benefits, including pain and anxiety relief, and its also used in Epidiolex, the first FDA-approved medication derived from a marijuana component, used in the treatment of epilepsy.
CBD is presented in various formats, such as oils, extracts, patches, vapes and topical lotions.
(Image credit: Getty Images)
In North America, the United States, Canada and Mexico have all legalized CBD, though with specific regulations.
There are 18 U.S. states in which the sale and consumption of CBD and THC are fully legal for both medical and recreational use. Several others have legalized the medical use of marijuana products whileIdaho, Nebraska, and South Dakota restrict even the medical use of CBD to products that have no traceable THC content whatsoever.
In Canada, CBD is categorized as a prescription drug and falls under the regulations of the Cannabis Act. CBD products are subject to a maximum THC content of 0.3%, and the hemp used must be of industrial grade. Meanwhile, Mexico permits the sale and consumption of CBD products containing less than 1% THC.
In the UK, CBD is legal provided the product contains no more than 1 mg of tetrahydrocannabinol (THC) per container.
Within Europe, only Albania and Serbia distinguish themselves as nations upholding a total prohibition on CBD products. The regulations in these countries categorize all cannabis derivatives, including CBD, as illicit substances.
In the Oceania region, Australia has also embraced CBD legalization but mandates a prescription for its acquisition. The Therapeutic Goods Administration has reclassified CBD, enabling pharmacists to sell low-dose CBD products without a prescription.
(Image credit: Getty Images)
According to the World Anti Doping Agency (WADA), all synthetic and naturally occurring cannabinoids are prohibited in competition, except for CBD. An athlete does not require a Therapeutic Use Exemption (TUE) to use products containing CBD, but will need one for any other cannabinoid.
CBD-containing sports creams come in either a Full Spectrum or a THC-free version. The latter, as the same suggests, contains no THC whatsoever. Full Spectrum products contain multiple cannabis plant extracts, including essential oils, terpenes, and other cannabinoids like THC. This is only a trace amount of THC, however, and will not generate any psychoactive effects. But research indicates that full-spectrum products are more effective than CBD isolates in managing pain and inflammation.
WADA has set the THC limit at 150 ng/mL in urinary tests. Most Full Spectrum CBD products on the market have a THC concentration of just 0.3% or less in the U.S. and a sub 0.2% THC concentration in the UK and many European countries.
Former WorldTour rider Floyd Landis at one of his Floyd's of Leadville storefront where he sells a variety of CBD and THC products.
(Image credit: Getty Images)
Whether looking to soothe pains from previous injuries, recover better from hard efforts, help ease the pre-race jitters or maximize on-the-bike performance, there are a number of claimed benefits to CBD for endurance athletes.
CBD company Twisted Spoke claims that in addition to its medicinal properties, CBD has some serious performance benefits as well.
A recent study by Twisted Spoke monitored the effects of 300mg CBD on the performance of nine endurance athletes. In a double-blind trial, athletes performed for an hour at 70% VO2, followed by an intense effort to exhaustion, with and without CBD. The athletes that used CBD showed improved VO2, pleasure ratings, reduced blood lactate during the 60-minute efforts, and enhanced VO2 and breathing (RER) in the effort to exhaustion.
The fast-acting CBD isolate in Twisted Spoke's newly released product CBD HydroMix which contains no THC and won't get consumers high is meant to enhance athletes favorite performance drinks.
Recent investigations into increased CBD dosages, ranging from 100 to 300mg and beyond, reveal noteworthy results, particularly in heightened endurance, elevated pain tolerance, and improved VO2 Max. The inclusion of these higher CBD doses proves beneficial in anticipating challenges during demanding and prolonged physical activities, rendering it a valuable supplement alongside practices such as stretching, hydration, nutrition, sun protection, and others.
Floyd Landis is a former World Tour cyclist who initiated his own companies specializing in CBD and marijuana. Landis offers a variety of CBD products designed for athletes and those leading active lifestyles.
Before discovering CBD I used to reach for Ibuprofen to reduce the pain from a hard effort. Many people dont realize there is an increased risk of gastrointestinal ulcers and bleeds, heart attack and kidney disease from repeatedly taking NSAIDs [1]. CBD has no known negative consequences on a persons health, Landis said.
(Image credit: Getty Images)
Whether youre looking to soothe aches or pain or are looking to maximize your on-the-bike performance, it is essential to maintain open communication with healthcare providers when consuming THC-containing CBD products (Full Spectrum CBD). Engaging in dialogue facilitates coordinated care and helps to prevent potential interactions between different forms and types of medication. Users must consult with their doctor if they are on medication. It is best to remember that THC products are prohibited from cycling competitions as well.
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Progressive attacks on the US constitution escalate – UnHerd
Posted: at 2:28 pm
Is America still governed by the Constitution? Back in the 1980s, the Columbia Law Review advocated clarifying the law to protect journalists First Amendment, rights even on private property. Just today, though, Blaze reporter Steve Baker was wasarrested by the FBI for his January 6 investigations, on charges including knowingly entering a restricted building.
Blaze commentator Auron Macintyre fears that this documents glory days are over: Whatever we are governed by now, he said, it is not the Constitution. He may have a point: this isnt the only recent instance of progressive concerns that the Constitution is an obstacle to American values. According to MSNBC legal analyst Barbara McQuade, the First Amendment is an obstacle to truth. Promoting her new book in conversation with MSNBC anchor Rachel Maddow, McQuade declared that Americas deep-rooted cultural commitment to free speech meant disinformation was rampant, while attempts to impose common-sense solutions implicitly, McQuades preferred restrictions on speech were impossible in that context, due to widespread resistance to censorship.
Wherever people stand on the desirability of free speech, this illustrates a growing crisis in one of the modern democratic (which is to say, American) worlds most cherished beliefs: that as long as you have a robustly written constitution, the political order will remain stable forever. But back at the end of the eighteenth century, the Savoyard reactionary Joseph de Maistre argued in Studies on Sovereignty (1794) that the real constitution of a people is actually only secondarily written down; the true, living constitution emerges from a peoples dispositions, habits, accumulated cultural patterns and everyday conditions. And these, he argued, are only written down when they become contested in a way that requires clarification. Conversely, its possible to impose any paper constitution you like on a people for which its ill-suited, and find it ignored in practice.
It is characteristically American, though, to imagine it works the other way round. This view of the relation between the aggregate culture of a people, and that cultures achievable political forms, has produced some of Americas more quixotic recent international adventures, such as the attempt to impose democratic constitutional government on the tribal peoples of Afghanistan.
Now, though, a similar principle is at work in the Land of the Free itself. There, a growing chorus of progressive voices now critiques the American Constitution itself as an impediment to American values. McQuade isnt the first: just a few days earlier, Politicos Heidi Przybyla framed perhaps the central premise of post-revolutionary America that individual rights are divinely given as not a sacred foundational principle so much as a political manoeuvre by the progressive worlds new bogeyman, so-called Christian nationalism.
Never mind that the inalienable rights to which men are, in the Declaration of Independence, entitled, are described there as having been endowed by their Creator: Nature and Natures God. For Przybyla, the fact that it falls to fallible humans to interpret those divine givens means this supposed origin is critically vulnerable to weaponisation by malign (that is, conservative) forces.
American culture is revolutionary by design, and structurally opposed to the kind of demographic homogeneity that might support a stable unwritten constitution over the long term. It was thus always predisposed to support radical rewritings even over a relatively short national lifespan as America to date. Indeed, if critics such as Christopher Caldwell are correct, such a transformation already took place in 1964, when the Civil Rights Act was passed.
But even if this is so, the conservative backlash to commentators such as McQuade and Przybyla makes clear that the contest is far from over. So it remains to be seen what kind of arrangements will emerge, in practice, from the unwritten constitution of the American people as it now is, rather than as it was in 1787.
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Eighth Circuit: Fun With the First Amendment – Law.com
Posted: at 2:27 pm
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a judgment that the city of St. Louis violated the First Amendment because its now-former President of the Board of Aldermen, Lewis Reed, blocked on his Twitter account someone who posted a hostile tweet. See Felts v. Green, 91 F.4th 938 (8th Cir. 2024). The district court had classified Reeds account as a designated public forum and the blocking action as a form of viewpoint discrimination. The case did not become moot either when Reed unblocked the poster after she filed her complaint or when Reed resigned. The Eighth Circuits substantive holding was that the vast powers of the President of the Board of Aldermen made him the final decisionmaker for thecity for Monell liability purposes, even for something like blocking a social-media user.
The case involves an account on the social-media platform formerly known as Twitter. Reed created the account in 2009. According to the district courts findings, the account was public, which means that it could be accessed by any user who was not blocked by the owner. When a user is blocked from a public account, the user cannot view the account, react to posts (tweets) by liking them, replying, or retweeting them, or participate in comment threads under the account.
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Ninth Circuit Court of Appeals: First Amendment doesn’t protect senators who walked out from consequences – Herald and News
Posted: at 2:27 pm
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What Is at Stake in the Florida, Texas First Amendment Cases – Disruptive Competition Project
Posted: at 2:27 pm
After almost three years of litigation, CCIAs First Amendment challenges to two Florida and Texas social media laws have been heard by the Supreme Court. On Monday, February 26, the Justices heard oral arguments on what are being considered the First Amendment cases of the internet age. Florida and Texas passed these laws to expressively bring more government control over online content after several websites barred former President Trump for violating their terms of service in the weeks following the 2020 election.
The Florida and Texas laws would require websites to give all viewpoints equal treatment.
The question before the Court is whether the states can compel privately owned websites to disseminate content even if they disagree with it or the material violates their commitments to their users. CCIA and its co-plaintiff NetChoice have argued that no business from a newspaper to a bookstore to a website should be forced to distribute content. The First Amendment protects individuals and companies from government interference in speech, and that protection applies to both blocking speech and compelling it.
The Justices asked questions about the editorial decisions a website makes compared to a newspaper. At one point Justice Kavanaugh raised a question about the Florida Solicitor Generals characterization, noting he left out the most key part: that the First Amendment only applies to government interference in peoples speech.
This is a key point as people often misunderstand the protection of various stakeholders. The First Amendment protects individuals and businesses from the government not the other way around. There is nothing more Orwellian than the government demanding what viewpoints are distributed in the name of free expression.
But freedom of speech doesnt mean consequence-free speech. Speech can have consequences; thats why we protect it. A business saying we dont want to host Nazi Party candidates is exercising its own First Amendment rights. It has a right to determine what is said under its roof.
When Texas and Florida say websites must treat all viewpoints neutrally, what does that mean? As Schruers told CNNs The Lead with Jake Tapper, companies are in the trenches making millions of decisions in real time and not everyone is going to agree with every decision on every topic but thats where we have a marketplace of ideas. Websites get to compete on the different kinds of policies they provide. Some have very broad policies about what kind of content is appropriate in their community, while others have very strict policies. People vote with their mouse and decide where they want to hang out online. Advertisers will of course do the same.
In an interview with the Austin Fox station Monday, Schruers was asked what the Supreme Courts decision means for users. He emphasized the internet would have more harmful content if companies were forced to treat all viewpoints equally. Companies could be forced to display teen internet challenges, like a recent one encouraging them to eat detergent pods, on equal footing with Poison Control.
For internet users, the danger of the Florida and Texas social media laws is that they would tie the hands of companies trust and safety operations. They are in the trenches every day fighting against foreign disinformation and trolls.
Free speech does not mean consequence-free speech. If a website says they dont want to host Nazi party candidates, that website is exercising its own First Amendment rights.
Schruers told KTBS the Austin Fox station in a live interview the morning before Court arguments that,
Its difficult to imagine a world where the government could decide which viewpoints are disseminated on the internet. I think we can expect a decision by the end of June. A decision for Florida and Texas would be catastrophic for internet users because all kinds of harmful content would run rampant online.
However, based on the court arguments, the questions asked, and the strong First Amendment precedent in cases like Miami Herald v. Tornillo 50 years ago, it is likely the First Amendment will prevail.
There is broad consensus across all aspects of the political spectrum, and across time, that the government has no role making decisions in the marketplace of ideas and deciding which expression should be favored and which should not even if it purports to be leveling the playing field, Schruers told DCs Fox News in an interview.
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What Is at Stake in the Florida, Texas First Amendment Cases - Disruptive Competition Project
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