Missouri
Missouri Attorneys General are prolific censors posing as free speech champions • Missouri Independent
Missouri had an embarrassing trip to the U.S. Supreme Court last month, and things have gone downhill from there.
Murthy v. Missouri (formerly Missouri v. Biden), was filed in 2022 by our then-Attorney General Eric Schmitt and his Louisiana counterpart. They sued a slew of federal government agencies alleging that the agencies’ discussions with social media platforms about content moderation violated the First Amendment.
The case is an attempt to avenge those who believe that efforts by private companies and the federal government to diminish election and vaccine misinformation, hate speech, calls to violence and foreign influence amount to a conspiracy to discriminate against conservatives.
It’s a special kind of embarrassment for Missouri for multiple reasons.
The first is that Missouri and Louisiana put a bunch of lies in the record that their hand-picked Texas judge accepted, but these lies were exposed by the time the case got to the U.S. Supreme Court, making us look like clowns to even the conservative justices.
Worse, the mess of a factual record makes the case a terrible vehicle for clarifying the very important question of when government speech aimed at influencing citizens’ speech, known as “jawboning,” crosses a line into government coercion that violates the First Amendment.
The second is that Missouri Attorneys General Schmitt and his successor, Andrew Bailey, have been ridiculed by legal experts across the political spectrum for their hypocrisy on free speech, given their anti-speech actions outside of this case as well as their broader abuse of the legal process to fight culture wars.
The third is that this dangerous effort to limit free speech in order to foster disinformation has been quite effective
Lies and other weirdness in the Murthy v. Missouri record
Social media companies have economic and societal interests in not having misinformation and hate speech infect their platforms.
It’s not good for business to have a platform devolve into a swamp where advertisers see their content next to neo-Nazi propaganda. Nor for a platform to become known for perpetuating conspiracy theories. Or promoting outbreak-causing anti-vax content. Or fomenting violence.
This is why social media companies have trust and safety teams, terms of service agreements and content moderation policies that forbid or demote some speech that the First Amendment protects.
Sometimes, government officials alert social media companies when misinformation is flowing on a platform, as when foreign agents are impersonating Americans to spread election disinformation. Sometimes government officials loudly criticize companies for not dealing with misinformation or failing to adhere to their own policies. Other times, private companies consult government experts when they are trying to suss out what is misinformation and what isn’t, for example as they attempted to tamp down vaccine misinformation during the pandemic.
Bailey calls all this “a vast censorship enterprise.”
Missouri and Louisiana argued in Murthy v. Missouri that our federal government and social media companies talking to each other must stop. Bailey insists we need “a wall of separation between tech and state.
”But such a wall would actually be an unconstitutional restriction of speech. Social media companies have a right to speak to the government (or anyone else) and a right to control what speech appears on their platforms. The First Amendment doesn’t restrict these companies from limiting users’ speech because they are not state actors.
This is a problem for the effort to force companies to be more hospitable to disinformation and incitement. Missouri and Louisiana attempted to get around this by alleging that actions taken by the platforms were the result of government coercion. People who were there at the time, like former head of trust and safety at Twitter Yoel Roth, say that’s not what happened.
If the government was threatening companies into censoring speech, that would indeed be a First Amendment violation. But after an extensive (and likely expensive) fishing expedition, the attorneys general couldn’t find evidence of coercion — so they made some up.
In one particularly flagrant lie to the court, Missouri took an angry email from a White House official on an unrelated topic and pretended it was a demand that Facebook censor content.
The oft-quoted email read: “Are you guys f**king serious? I want an answer on what happened here and I want it today.”
That may be an unprofessional email, but it wasn’t about anything having to do with content moderation. It was taken from an exchange complaining about users being blocked from following the president’s Instagram account, which Facebook said was due to a technical problem.
Numerous other inaccuracies in the record have been cataloged by TechDirt’s Mike Masnick, Tech Policy Press, and others.
At oral arguments, multiple Supreme Court justices called out the lies in the record and a majority seemed loath to accept the states’ invitation to upend existing precedent under which the government is perfectly free to use persuasion to affect speech, but not coercion.
Bailey is Missouri’s speech coercer-in-chief
Many have noted that Bailey’s position in Murthy v. Missouri is incompatible with his position in two related cases concerning social media companies.
The Netchoice cases are challenges to laws passed by Texas and Florida that prohibit social media companies from moderating content in ways that discriminate on the basis of viewpoint. In other words, the laws would compel speech by requiring platforms to host content that they deem inappropriate or harmful.
This seems like a straightforward First Amendment violation, but Bailey filed an amicus brief arguing the laws should be upheld.
That is because Bailey is not seeking to protect against government intrusion on free speech.
On the one hand, he wants to bar the federal government from even criticizing speech he is in favor of. On the other, he wants state governments to be able to use the force of law to impose speech restrictions that require the platforming of right-wing misinformation and propaganda that the free market would otherwise diminish.
It’s a “heads-I-win, tails-you-lose” theory of free speech.
Worse, Bailey has repeatedly engaged in coercive behavior in his official capacity in order to suppress speech he doesn’t like.
Bailey joined a group of Republican attorneys general in sending a letter to Target threatening the company with legal consequences for selling LGBTQ-themed Pride gear. As First Amendment lawyer Ari Cohn wrote, Target’s products were “emphatically, and unquestionably protected by the First Amendment,” and the attorneys general’s letter implicitly condoned threats of violence against Target employees that had caused the company to remove or relocate the merchandise.
Bailey has also filed a lawsuit seeking to enjoin Planned Parenthood from referring minors out of state for legal abortions, which is also clearly protected by the First Amendment.
Asked to respond to criticism of the lawsuit from me and others, Bailey admitted that giving out information about obtaining an abortion out of state is not illegal.
Most recently, Bailey has taken a lighter to the First Amendment by using his governmental power to punish Media Matters for reporting things that he doesn’t want reported.
Media Matters, a left-leaning non-profit media watchdog, reported on the fact that since Elon Musk took over Twitter there has been an increase in hate speech that caused advertisements to appear next to neo-Nazi content. Musk doesn’t deny this happened, but nonetheless sued Media Matters for reporting that it did. A similar lawsuit Musk filed against another group has already been dismissed by a judge who didn’t mince words, “This case is about punishing the defendants for their speech.“
Bailey, in an olympic act of Musk sycophancy and “free speech for me, but not thee” legal innovation, has sought to add some governmental muscle to Musk’s anti-speech crusade by claiming that Media Matters has violated the Missouri Merchandising Practices Act, on the absurd theory that the organization duped donors into supporting the kind of work it has always done.
Bailey can lose in court, but succeed at suppressing vital speech
Bailey, his predecessor and the big guys whose favor they are seeking are on the wrong side of the First Amendment. They will ultimately be told this by the courts.
But they are succeeding at chilling speech and imperiling our democracy in the meantime.
Media Matters and Planned Parenthood will defend themselves and eventually prevail, after having precious dollars, time and energy stolen from their speech-dependent missions by frivolous litigation.
For Target, Google and others, it may be simpler to cave to the pressure and self-censor.
Murthy v. Missouri has already resulted in serious damage. Despite the stays of the lower court injunctions, the federal government and independent researchers largely stopped communicating with social media companies, ceasing efforts to combat the viral spread of disinformation. It was only after Missouri and Louisiana’s embarrassing showing at oral arguments that the FBI resumed alerting social media companies to foreign influence campaigns.
This is a real problem in an era of anti-vax fueled measles outbreaks, death threats against blameless election workers and foreign misinformation campaigns aimed at influencing our upcoming election.
Facts are vital to a functioning democracy. Bailey’s speech authoritarianism is an attempt to drown them out.
Missouri, although landlocked, is a Midwestern paradise full of gems, spectacular history, and an amazing culture. These elements enchant visitors who come to the state to experience Midwestern flavor and relax. The big cities like Springfield and Kansas City, no doubt, outshine the others and sit in the front line as options for visitors. However, there are also quaint, laid-back, scantily populated towns across the state where tourists can relish a sense of oneness and communal life. From Arrow Rock, with a population below 100, to the stunning Rocheport on a bluff, discover nine charming, close-knit, and neighborly towns in Missouri to visit.
Rocheport
Rocheport is a close-knit town of just around 200 people, where everyone is valued and recognized. Although small, the town is full of adventures and memorable experiences. Adventure buffs and cycling enthusiasts can embark on the Katy Trail near the town to cycle and relish the charming scenery of a quintessential Midwest state.
Relaxed visitors can taste wines and enjoy meals at Les Bourgeois Winery and Vineyards or enjoy picnics at the park’s A-frame Wine Garden on the Manitou bluffs overlooking the Missouri River. More adventures like boating, kayaking, and fishing are available at the Missouri River, and for a touch of history, visitors can head to the Friends of Rocheport Historical Museum to explore its exhibits, including historical documents from the area’s past.
Ste. Genevieve
Ste. Genevieve sits along the Mississippi River and was founded by French Canadian colonists in 1735, making it the first permanent European settlement West of the Mississippi. Although it hosts almost 5,000 people, the town still sets the stage for visitors to experience communal bonding and a range of historic and natural attractions. For starters, it is home to the Ste. Genevieve National Historic Park hosts a large collection of French colonial architecture and other Historic buildings, such as the Green Tree Tavern.
For outdoor recreation, tourists can head to the Hickory Canyons Natural Area to hike on magnificent box canyons, sandstone cliffs, and creeks. Pickle Springs Natural Area is an alternative option, featuring a two-mile trail that winds through and bypasses creeks, ravines, bluffs, and small waterfalls. Later, art lovers can chill at the Ste. Genevieve Art Center and Museum exploring its local collection of artworks.
Hermann
Hermann is a lovely small town founded by German immigrants and steeped in German roots along the Missouri River. This warm and welcoming, close-knit community of around 2,000 people boasts a few attention-grabbing attractions for locals and visitors. The Deutschheim State Historic Site is a worthy first mention as it reflects the town’s German roots, which date back nearly two centuries. It features several brick homes including the Pommer-Gentner house (1840) and Carl Strehly house (1842) where visitors can experience the daily life of the town’s early German immigrants. The Hermann Farm Museum and Hermann Historic Museum are also great places to delve into the town’s early days as a German settlement through historic buildings and several exhibits.
In the meantime, unwind and have fun at the Hermann Riverfront Park by fishing, boating, kayaking, and canoeing on the Missouri River or hiking along the Riverfront Walking Trail. When hungry, head to the restored Tin Mill Restaurant to enjoy German specialties and tasty steaks.
Boonville
Boonville is a tightly bonded town of around 7,800 people in Cooper County, with plenty of things to see and do. The town sits atop a wooded bluff overlooking the Missouri River, where tourists can enjoy boating, canoeing, fishing, kayaking, and picnicking experiences. For those who love to cycle, the town hosts a part of the Katy Trail, a 240-mile trail, and a state park for cycling with gorgeous views.
Away from adventures and nature, history buffs in town can head to the Historic Depot District to explore the Rivers, Rails, & Trails Museum, Mitchell Antique Motorcar Museum, and the Katy Trail Railroad Bridge, all of which tell stories of the area’s early days. Afterward, grab a delicious pizza for lunch at Breadeaux Pizza.
Excelsior Springs
Excelsior Springs is a town built on mineral springs that grew into a community of lovely and friendly people. Today, visitors here can visit the Hall of Waters that once piped mineral water from the town’s several springs into one of the world’s longest mineral water bars for the community to bathe. Similarly, visit the Superior Well and Pagoda (1901) to marvel at the historic spring under a wooden pagoda structure, which is the last remaining mineral water well in the town.
When hungry, Ray’s Diner is an amazing spot to enjoy lunch, with views of artifacts on its walls. Don’t forget to delve into the town’s historic days and the rise of its mineral springs at the Excelsior Springs Museum, featuring a vast collection of artifacts and artworks. Afterward, head to the Fishing River near the town to immerse in a scenic natural ambiance.
Branson
Branson is a town in the Ozark Mountains, renowned as the Live Entertainment Capital of the World, while its friendly, close-knit aura remains a draw. Here, visitors will get to see and explore the Titanic Museum, a replica of the iconic ship and iceberg filled with hundreds of artifacts related to the original ship’s tragic journey on the Atlantic. The town also hosts Ripley’s Believe It or Not, a quirky attraction featuring a collapsing structure and hundreds of unusual artifacts. More interesting attractions in this town include – the Runaway Mountain Coaster, the Track Family Fun Park, and the 1880s Silver Dollar City amusement park. All of these attractions are incredibly exciting and unending.
There are also several museums in town, such as the Dinosaur Museum and Prehistoric Fossils. When it comes to dining and shopping, the town is chock-full with numerous options, including Saltgrass Steakhouse (for delicious steak lunch) and the Grand Village Shops.
Arrow Rock
Arrow Rock has just 60 residents, and no community could be more closely bonded. But beyond its pronounced sense of oneness, this Saline County town is a treasure trove of history and is entirely designated a National Historic Landmark known as the Arrow Rock Historic District. Visitors here can head to the Arrow Rock State Historic Site to explore some of the town’s most iconic attractions, including George Caleb Bingham House (1837), J. Huston Tavern (1834), the Courthouse, and Old Jail.
The site sits on a 167-acre area and also features a fishing lake, a visitor center & museum, a picnic area, and a short hiking trail. Elsewhere, the Arrow Rock Lyceum Theatre has been entertaining visitors with shows and musicals for over 55 years, making it the oldest of its kind in Missouri.
Van Buren
Van Buren is a charming, laid-back Ozark community of around 800 people, where everyone sees each other as family. The town lies along the Current River and next to Mark Twain National Forest, giving its residents and visitors less crowded options when they decide to enjoy nature. For starters, the beautiful and lucid waters of Current River offer recreational activities like boating, fishing, rafting, tubing, kayaking, and canoeing.
Big Springs is just four miles from the town and is one of the largest natural springs in the world. Here, tourists can hike, fish, and boat, and enjoy lunch at its restaurant. For something different, head to the Missouri Down Under Adventure Zoo to see and interact with animals such as Kangaroos, birds, and lemurs and tour the Current River Cave. Enjoy a movie later at 21 Drive-in Theatre to relax.
Carthage
Carthage is a small town of about 15,000 people with many things to love, including its close-knit community character and its reputation as America’s Maple Leaf City. Historically, this town was the site of the Battle of Carthage, the first full-scale battle of the Civil War. Today, the Battle of Carthage State Historic Site preserves its wartime history and is worth visiting. History lovers can also learn more about the war at the Civil War Museum through various war artifacts and exhibits.
Away from history, the town invites visitors to the Precious Moments Chapel and Gardens to explore beautiful paintings, stained glass windows, and figurines that serve as backdrops for iconic pictures and picnics. For those who want to enjoy a movie while in town, the Route 66 Drive-in Theatre is a great stop. Also, just walking through this town, especially in the fall, is incredibly satisfying as enchanting colors are on display everywhere.
Find absolute serenity, comfort, and the true spirit of camaraderie across these small towns in Missouri, where it is possible to know at least most of the residents. In some towns like Van Buren and Arrow Rock, it is possible to know everyone as these towns share unbreakable bonds and live like one big happy family. Plus, they offer blissful experiences with natural, historical, and cultural attractions, making them anything but boring. In a world where neighbors in most cities around the world live like strangers, these Missouri towns are the perfect places to recline if you want to feel like part of a large extended family.
Missouri
‘Enough is enough’: Missouri voters form bipartisan group to quash Republican initiative petition changes
JEFFERSON CITY, Mo. (KY3) – Missouri Republican lawmakers have once again put forth efforts to curtail the process for citizen-led ballot initiatives following successful campaigns to enshrine abortion rights, raise the state’s minimum wage, and create a legal sports wagering market.
In response, a newly formed political group called the “Respect Voters Coalition” is sponsoring a 2026 initiative to prevent state officials from meddling in the process altogether.
The group’s argument is rooted in the very first section of the first article of the state’s Constitution, which reads as follows:
“[We declare] that all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.” – Missouri Const. of 1875, Art. I, Sec. 1.
Ben Singer, who leads Show Me Integrity, co-founded RVC to oppose efforts to roll back the IP process. He noted that both parties have pushed this when they were in the majority.
“When Democrats were trying to attack the citizens initiative process because they didn’t like the Conservatives, who also used the citizens initiative process, Governor Ashcroft vetoed the Democrats’ attack on the ballot initiative process,” Singer said.
Ashcroft issued that veto in June 1992, writing the following in his explanation:
“It is through the initiative process that those who have no influence with elective representatives may take their cause directly to the people. The General Assembly should be reluctant, therefore, to enact legislation which places any impediments on the initiative power which are inconsistent with the reservation found in the Constitution.” – Gov. John Ashcroft, Veto Message, June 27, 1992.
Efforts to reform the state’s initiative petition process consumed much of the 2024 legislative session, including days-long filibusters by a faction of 6 Republicans demanding the issue be given priority and Democrats working to block it from passage. The process arguably deprived the House and Senate of sufficient time to review and amend the $51 billion state budget.
“These politicians who’ve taken an oath to protect the Missouri Constitution need to be reminded of that, and so that’s why groups and citizens across the state, in unbelievable momentum I’ve never seen before, are banding together to say enough is enough, and we are going to stop politicians from attacking the will of the people once and for all,” Singer said.
The Missouri House and Senate will convene on January 8 to begin the 103rd General Assembly’s first regular session.
To report a correction or typo, please email digitalnews@ky3.com. Please include the article info in the subject line of the email.
Copyright 2024 KY3. All rights reserved.
ST. LOUIS (First Alert 4) — Missouri Republican lawmakers have once again put forth efforts to curtail the process for citizen-led ballot initiatives following successful campaigns to enshrine abortion rights, raise the state’s minimum wage, and create a legal sports wagering market.
In response, a newly formed political group called the “Respect Voters Coalition” is sponsoring a 2026 initiative to prevent state officials from meddling in the process altogether.
The group’s argument is rooted in the very first section of the first article of the state’s Constitution, which reads as follows:
“[We declare] that all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.” – Missouri Const. of 1875, Art. I, Sec. 1.
Ben Singer, who leads Show Me Integrity, co-founded RVC as a measure to push back against efforts to roll back the IP process which, he noted, have been pushed by both parties when they’ve been in the majority.
“When Democrats were trying to attack the citizens initiative process because they didn’t like the Conservatives also used the citizens initiative process, Governor Ashcroft vetoed the Democrats’ attack on the ballot initiative process,” Singer said.
Ashcroft issued that veto in June 1992, writing the following in his explanation:
“It is through the initiative process that those who have no influence with elective representatives may take their cause directly to the people. The General Assembly should be reluctant, therefore, to enact legislation which places any impediments on the initiative power which are inconsistent with the reservation found in the Constitution.” – Gov. John Ashcroft, Veto Message, June 27, 1992.
Efforts to reform the state’s initiative petition process consumed much of the 2024 legislative session, including days-long filibusters by a faction of six Republicans demanding the issue be given priority and Democrats working to block it from passage. The process arguably deprived the House and Senate of sufficient time to perform a final review and amendment of the $51 billion state budget.
“These politicians who’ve taken an oath to protect the Missouri Constitution need to be reminded of that, and so that’s why groups and citizens across the state, in unbelievable momentum I’ve never seen before, are banding together to say enough is enough, and we are going to stop politicians from attacking the will of the people once and for all,” Singer said.
The Missouri House and Senate are set to convene on January 8 to begin the First Regular Session of the 103rd General Assembly.
Copyright 2024 KMOV. All rights reserved.
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