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Missouri Attorneys General are prolific censors posing as free speech champions • Missouri Independent

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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. 

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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

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Lies and other weirdness in the Murthy v. Missouri record

The U.S. Supreme Court in Washington, D.C. (Laura Olson/States Newsroom).

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.  

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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.

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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.

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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. 

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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.  

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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. 

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Bailey can lose in court, but succeed at suppressing vital speech

Missouri Attorney General Andrew Bailey speaks to reporters outside the Western District Court of Appeals building in Kansas City on Oct. 30, 2023, while Secretary of State Jay Ashcroft waits for his turn the microphones (Rudi Keller/Missouri Independent).

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.  

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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.



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Missouri

These 11 Towns In Missouri Were Ranked Among US Favorites In 2024

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These 11 Towns In Missouri Were Ranked Among US Favorites In 2024


The enchanting state of Missouri, known affectionately as the “Show Me State,” is home to a wide variety of attractions, including the Gateway Arch in St. Louis and the National WWI Museum in Kansas City. Yet Missouri has a plethora of other towns and cities, scattered across 114 different counties, that are ranked as favorites to visit in the United States this year. From the town of Branson, home of the Butterfly Palace, to Hannibal and the Mark Twain Cave, to the town of Ste. Genevieve, located near Hawn State Park, here are eleven of the best towns in all of Missouri.

Branson

The vintage Branson Scenic Railway passenger train offers an excursion through the foothills of the Ozark Mountains. Editorial credit: Rosemarie Mosteller / Shutterstock.com

Branson, ranked a state favorite due to a variety of natural attractions, is an oasis of delight for every member of the family. From Table Rock Lake State Park, with scenic hikes through the White River Valley and around Table Rock Lake, to the Branson Scenic Railway, providing picturesque journeys through the majestic Ozark Mountains, the town of Branson draws in people from all over the country. Some great cultural attractions, like the Promised Land Zoo, the Titanic Museum, and the Aquarium at the Boardwalk, the last of which features sharks, jellyfish, and even seahorses, are available in and around Branson as well. The Titanic Museum, featuring artifacts from the ill-fated ship of 1912, is an excellent venue to share with friends, family, or pretty much anyone.

Hermann

Downtown business in Hermann, Missouri. Editorial credit: Logan Bush / Shutterstock.com
Downtown business in Hermann, Missouri. Editorial credit: Logan Bush / Shutterstock.com

The quaint town of Hermann, located on the southern bank of the Missouri River, is home to the Deutschheim State Historic Site, which works to preserve a variety of historic buildings from the mid to late 19th century, the Historic Hermann Museum, and the Caboose Museum. Each of these venues features a diverse German heritage in its own unique way. Several cultural aspects also provide that German influence to the town of Hermann, including its own version of Oktoberfest, which is held in October and honors the multitude of different wineries and breweries in and around town. Hermann has some great attractions as well, like being close to the Missouri River, which offers kayaking, boating, and even fishing opportunities.

Cape Girardeau

The Old Historic buildings at Main Street in Cape Girardeau. Editorial credit: Roberto Galan / Shutterstock.com
The Old Historic buildings at Main Street in Cape Girardeau. Editorial credit: Roberto Galan / Shutterstock.com

On the western bank of the Mississippi River and only a few miles northwest of the city of Jackson, Cape Girardeau is home to a variety of natural and historic venues that encourage people to return again and again. From the Missouri Wall of Fame, which honors nearly 50 different celebrities from the state of Missouri, to the Crisp Museum and the Discovery Playhouse, history is alive for every age in Cape Girardeau. There are also several natural attributes in and around town, including Cape Rock Park and the Lazy L Safari Park, the last offering guests and visitors the opportunity to enjoy interacting with over 50 different species of exotic animals from Australia to Africa.

Fulton

A domed building in historic downtown Fulton, Missouri. Editorial credit: Logan Bush / Shutterstock.com
A domed building in historic downtown Fulton, Missouri. Editorial credit: Logan Bush / Shutterstock.com

Approximately 25 miles east of Columbia, the quaint town of Fulton has a wealth of historic attractions. America’s National Churchill Museum, located on the site of Churchill’s “Iron Curtain” speech, and the Auto World Car Museum, home of a variety of antique cars, including a 1903 Humberette and a 1931 Marmon, provide a taste of the past. Several natural and cultural attributes can also be enjoyed in and around the town of Fulton. Visitors can explore the rustic Mark Twain National Forest, which offers over 750 miles of hiking trails, or they can take part in “Morels and Microbrews,” a festival celebrating music, microbrews, and mushrooms in the Brick District in May, or the Fulton Street Fair taking place at the end of June.

Weston

Downtown Main Street in Weston, MO. Editorial credit: Matt Fowler KC / Shutterstock.com
Downtown Main Street in Weston, MO. Editorial credit: Matt Fowler KC / Shutterstock.com

The quaint town of Weston has several natural attractions that encourage visitors to return year after year, including Weston Bend State Park, which is best known for great hiking trails like Bear Creek and North Ridge, a peaceful campground, and fabulous vistas of the Missouri River. There are also some great historical and cultural aspects in the town of Weston. From the National Silk Art Museum, featuring over 500 different pieces of silk art from France and England, to a variety of fall festivities, like Applefest and the Whiskey Festival, both of which take place in October, Weston is the perfect blend of small-town cultural comfort and hometown sensibilities.

Hannibal

Hannibal, Missouri United States - the colorful historic buildings downtown. Editorial credit: Sabrina Janelle Gordon / Shutterstock.com
Hannibal, Missouri, United States – the colorful historic buildings downtown. Editorial credit: Sabrina Janelle Gordon / Shutterstock.com

With a population of around 17,000 residents, the town of Hannibal, Missouri, is perfect for that romantic weekend getaway or even a week-long vacation with the family. From checking out the view at Lover’s Leap and having a romantic dinner for two on a riverboat on the majestic Mississippi River to walking through historic downtown Hannibal and seeing sites like Mark Twain’s Statue, Becky Thatcher’s House, and the Mark Twain Memorial Lighthouse, there is something for everyone in this charming town. There are even a variety of great festivals in downtown Hannibal, including the Folklife Festival, the Big River Steampunk Festival, and the Harvest Hootenanny Festival, each celebrating what the town of Hannibal means to both visiting guests and those who call this great townhome.

Boonville

City of Boonville Visitor Center sign, with historic train depot in background. Editorial credit: APN Photography / Shutterstock.com
City of Boonville Visitor Center sign, with historic train depot in background. Editorial credit: APN Photography / Shutterstock.com

On the southern bank of the Missouri River and southwest of the Franklin Island Conservation Area, the small town of Boonville is a haven of natural amenities. From Katy Trail State Park, which has opportunities for equestrians, hikers, bikers, and nature lovers, to the Lewis & Clark Historic Trail, connecting 16 different states, including Missouri, the scenic beauty of this town can be enjoyed by everyone in the entire family. There is a historic aspect to the town of Boonville as well. Home to Ravenswood, a plantation farmhouse built in the late 19th century, and the Lewis Miller’s Mitchell Collection, showcasing a plethora of antique wagons, motorcycles, and cars, all under the Mitchell brand, the small town of Boonville is an oasis of historical, cultural, and natural attractions.

Carthage

The Carthage Courthouse with fall foliage downtown in one of the best small towns in Missouri. Editorial credit: Rachael Martin / Shutterstock.com
The Carthage Courthouse with fall foliage downtown in one of the best small towns in Missouri. Editorial credit: Rachael Martin / Shutterstock.com

Named after the ancient city of Carthage, which was once located northwest of the Mediterranean Sea, the small town of Carthage, Missouri, is located along Route 66 and is home to several great historic attractions. From Red Oak II, a unique recreation of the original town of Red Oak, Missouri, by Lowell Davis in the 1980s, to the Carthage Civil War Museum, to the Phelps House, which was designed and built by Colonel Phelps at the end of the 19th century, historic value is alive and well in this town of around 15,000 permanent residents. There are also some great cultural values to be experienced in Carthage, like the Maple Leaf Festival, which draws thousands of people annually, honoring the maple leaf through a variety of autumn festivities over a period of nine consecutive days in the month of October.

Ste. Genevieve

The County Clerk building in Ste. Genevieve, Missouri, USA.
The County Clerk building in Ste. Genevieve, Missouri, USA.

A great weekend getaway for novice, intermediate, and avid historians, the town of Ste. Genevieve is a haven of excellent attractions detailing the past. Home to the Centre For French Colonial Life, which showcases the circa 1793 Bolduc House and the Felix Vallé State Historic Site, famous for the 1818 Felix Valle House, the town of Ste. Genevieve is steeped in heritage. There are also several cultural and natural venues in and around Ste. Genevieve, including Hickory Canyons, Pickle Springs, and Hawn State Park, the last of which offers seven great scenic hiking trails, including the Whispering Pine Trail, a plethora of picnicking areas, and even options for camping overnight.

Lebanon

A festival and car show outside a motel on old Route 66 in Lebanon, MO. Editorial credit: Logan Bush / Shutterstock.com
A festival and car show outside a motel on old Route 66 in Lebanon, MO. Editorial credit: Logan Bush / Shutterstock.com

Home of the Lebanon Route 66 Festival, Bennett Spring State Park, and the Route 66 Museum, the town of Lebanon offers a nice blend of cultural, natural, and historic venues to visitors and residents alike. Whether you wish to check out the activities available at the festival with friends, hike nearby Bennett Spring State Park with family, or explore the history at the Route 66 Museum alone, there is something for everyone in and around Lebanon. Several other great cultural attractions call Lebanon home as well. The Lebanon I-44 Speedway and Midway Speedway both supply that sense of true adrenaline, while the Lebanon Christmas Parade, occurring annually in November, provides a taste of the winter holidays.

Sedalia

Ferris wheel under overcast sky at the Missouri State Fair in Sedalia. Editorial credit: Wilson Cleaver / Shutterstock.com
Ferris wheel under an overcast sky at the Missouri State Fair in Sedalia. Editorial credit: Wilson Cleaver / Shutterstock.com

With a population of 20,000 residents, the town of Sedalia is an oasis of natural and cultural attributes guaranteed to please even the most cynical of people. From the Bothwell Lodge Historic Site, displaying a 31-room lodge constructed atop a bluff, to the Daum Museum of Contemporary Art to the Grandfather Prairie Conservation Area, an eighty-acre tract of land, the area around Sedalia has enough attractions to keep people entertained for at least a week. There are even several festivals available in the town of Sedalia, including the Ozark Music Festival, which occurs annually in September and honors the music the way it should be.

Missouri, located within the midwestern region of the United States, consists of a plethora of small towns that are perfect for everything from a quick day trip to a weekend getaway to a week-long vacation. From small towns in the northwestern county of Atchison to small towns in southeastern Pemiscot County, the great state of Missouri has some magnificent gems that are worth visiting over and over. Along with the eleven towns listed above, Missouri holds a multitude of other towns that can be easily ranked as favorite places for travelers to visit.

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Columbia Regional Airport plans Denver service restoration with $1 million federal grant

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Columbia Regional Airport plans Denver service restoration with  million federal grant


COU was awarded one of 14 grants from the Small Community Air Service Development Program. The airport’s flight to Denver International Airport has been closed since May 3, 2020, after United Airlines suspended the Denver flight due to the COVID-19 pandemic.



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Missouri

Vote Could Overturn Abortion Ban in a Deep-Red State

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Vote Could Overturn Abortion Ban in a Deep-Red State


Constitutional amendments to protect abortion rights will be on the ballot in 10 states on Tuesday, and the vote in Missouri could overturn one of the country’s strictest abortion bans. The ballot measure would give Missourians the right to make decisions on “matters relating to reproductive health care” without interference until the point of fetal viability, which is around 22 to 24 weeks into pregnancy, CNN reports. There is a near-total ban on abortions with no exceptions for rape or incest under the current state law, introduced immediately after Roe v. Wade was overturned in 2022.

  • Organizers “cautiously optimistic.” Missourians for Constitutional Freedom organizers are “cautiously optimistic” about the chance of Amendment 3 passing, the Washington Post reports. Supporters of the amendment have raised much more money than opponents. An August poll found that support for the amendment had gone up 8% since February, with 52% in favor, 34% against, and 14% undecided. A poll released earlier this month found that around 56% of Missouri voters think the current law is too strict, 34% think it is about right, and 10% think it isn’t strict enough.





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