Southeast
Supreme Court dismisses state challenges to red state restrictions on social media platforms
The Supreme Court on Monday dismissed challenges to Florida and Texas laws that restrict how large social media companies moderate user content.
Each law would require Big Tech companies like X (formerly Twitter) and Facebook to host third-party communications but prevent those businesses from blocking or removing users’ posts based on political viewpoints.
In a unanimous ruling, the court said lower courts did not properly analyze the First Amendment issues at play in the case. As a result, each case will go back to its respective Circuit Court of Appeals.
“Today, we vacate both decisions for reasons separate from the First Amendment merits, because neither Court of Appeals properly considered the facial nature of NetChoice’s challenge. The courts mainly addressed what the parties had focused on. And the parties mainly argued these cases as if the laws applied only to the curated feeds offered by the largest and most paradigmatic social-media platforms—as if, say, each case presented an as-applied challenge brought by Facebook protesting its loss of control over the content of its News Feed,” the court wrote.
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“But argument in this Court revealed that the laws might apply to, and differently affect, other kinds of websites and apps. In a facial challenge, that could well matter, even when the challenge is brought under the First Amendment,” the court added.
There were no dissenting opinions; five justices filed separate concurring or concurring in judgment opinions as well. They included Justices Amy Coney Barrett, Ketanji Brown Jackson, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas.
In almost four hours of oral arguments in February, the justices weighed whether to offer a sweeping ruling on the First Amendment implications of the state laws, or a more limited approach that might have the lower courts take another look at how those content moderation policies would be applied.
The Florida law blocked a social media platform from engaging in censoring, prioritizing, or so-called “shadow banning” that is “based on the content.” Texas’ law was broader.
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It would have also prevented “willfully deplatforming a candidate” for public office for material posted by or about that candidate.
Both Florida and Texas would also require those companies to notify a user when their content has been modified or edited, along with an explanation for that action.
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Trade groups representing big tech companies argue that the laws violate their free speech rights to decide what content meets their policies — saying their forums should not be an open-ended portal for offensive or dangerous speech — including school bullying, harassment, terrorist ideology, racial hatred, medical misinformation and voter fraud.
The laws were supported by Republicans in Congress and over a dozen GOP-led states, who filed amicus briefs in the case.
Sen. Josh Hawley, R-Mo., said the platforms wanted to keep liability protections granted by Congress for content on their sites, while simultaneously asking for unfettered ability to censor content, citing their First Amendment liberties.
“Despite decades arguing for this position, today the tech platforms take precisely the opposite line. They claim that their content hosting and curation decisions are in fact expressive — expressive enough that they enjoy First Amendment protection,” the lawmaker argued.
READ THE FULL SUPREME COURT OPINION BELOW. APP USERS CLICK HERE
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Southeast
Florida woman arrested after allegedly leaving grandchild in hot car while she grocery shopped
A Florida woman was arrested after police said she left her toddler grandchild alone in a hot car while she went grocery shopping in Publix.
Elena Grady, 63, was booked into the Volusia County Branch Jail for neglect of a child causing bodily harm after her 2-year-old grandchild was found unattended inside a hot car in the Publix parking lot on Tuesday.
Grady was released just after midnight on Wednesday after posting her $3,000 bond, jail records show.
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Volusia County sheriff’s deputies responded to the Publix on Roscommon Drive at Ormond Beach at around 3 p.m. Tuesday after managers at the store noticed a child alone inside the parked car, the department said on Facebook.
The child “appeared lethargic” inside the car, which was “parked in full sun, no shade, not running, with the windows cracked,” the post said.
A manager at Publix was able to reach into the car to unlock it and brought the toddler into the store to cool down. Grady then approached them inside the store and “took custody of the child.”
“[Grady] left Publix but was later located by deputies who also checked on the child and found her to be in good health,” the sheriff’s office said.
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When the toddler was left in the car, it was 91 degrees outside with a heat index of 101 degrees, according to the sheriff’s office. It was also determined that the toddler had been alone in the car for about 16 minutes.
The Volusia County Sheriff’s Office posted a reminder on Facebook about how quickly temperatures can rise inside a car that’s turned off, sharing that on a 90-degree day, cars can reach 120 degrees within 30 minutes and 138 degrees after 90 minutes.
“Let’s avoid tragedy and remember NOT to leave children, pets, or vulnerable adults in a hot vehicle even if it’s only supposed to be a few minutes,” the Volusia Sheriff’s Office wrote on Facebook.
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Southeast
'Stop the nonsense': Lawmakers in one state move to give homeowners more rights in HOA disputes
Lawmakers in Georgia are taking aim at homeowners associations after hearing horror stories from residents who have been fined, sued and threatened with foreclosure.
“It’s not just here in Georgia. It’s all over, and it’s a national problem right now,” state Sen. Donzella James told Fox News Digital. “It’s just Georgia is one that people are furious over some of the things that’s happening.”
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More than 20% of the Peach State’s population lives in neighborhoods governed by community associations, according to 2021 data from the Foundation for Community Association Research. The foundation estimated HOAs collect almost $3.2 billion each year from Georgia residents.
Dues payments can cover shared facilities like gyms and pools, as well as maintenance, and HOAs can fine homeowners if they violate association covenants or fall behind on their dues.
James noted that HOAs began as a way to improve “quality of life” in communities. But homeowners across the state have complained that their associations unfairly hit them with fines, cut off their water after they fell behind on dues and even foreclosed on their homes.
“There are some predatory HOA fees and they have nothing to control them,” James, a Democrat representing Atlanta, said. “And so our biggest problems with that is that people are being … abused and losing their homes over petty things.”
WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE
One woman told lawmakers she faced a $25,000 lien after installing a rock garden in her yard, The Atlanta Journal-Constitution reported late last year. A realtor said a client was threatened with $84,000 in arbitrary fines, which dropped to just $600 after they got a lawyer.
“Most people don’t have that extra $5,000 for an attorney,” the realtor testified.
This spring, the state legislature overwhelmingly passed House Bill 220 requiring community associations to notify a home or condo owner in writing of any covenant violations and give them time to fix them before pursuing legal action. That law takes effect July 1.
The Senate also passed a resolution creating a study committee to look into HOA rules and potentially pass more legislation protecting property owners. James, a Democrat, pushed the bill for two years before it finally passed, now with bipartisan support.
“We want to make sure that we just stop the nonsense, take care of the people and not put people out of their dream homes,” James said.
But other bills that would have created an ombudsman’s office to investigate HOA and homeowner disputes, as well as strip HOAs of their ability to foreclose on homes once a member owes $2,000 or more, failed to pass this year.
Tricia Quigley lost her home of nearly two decades after a prolonged battle over dues payments. Attorney fees and interest spiraled out of control, so even after she paid the original debt, she was thousands of dollars in the hole.
Her HOA foreclosed on her house and bought it for $3.24 at auction, according to an 11Alive investigation.
“I don’t even know when I’m going to be able to retire now,” Quigley told Fox News Digital. “I can’t buy another house. It just has totally changed my life.”
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Julie Howard, an Atlanta-based attorney who represents homeowner and condominium associations, said there are already “due process” requirements before HOAs can foreclose on a home.
“The governing documents are there for the benefit of everyone in the community and the owners elect the members of the board of directors that enforce … the documents that everyone agrees to abide by when they buy in the community,” Howard said.
And when people don’t abide by those rules, their HOA is entitled to levy late fees, fines and even foreclose on members’ homes under the Georgia Property Owners’ Association Act — drafted in part by one of the main Atlanta law firms that represents HOAs.
Howard said residents are usually allowed to request a hearing before their HOA board to challenge fines and that owners should be notified every step of the way.
“It’s just not possible for someone to have been foreclosed upon out of the blue under Georgia law,” she said.
James’ colleagues in the state House have already announced plans to refile their version of the bill that would bar HOAs from foreclosing on homes because of unpaid fees.
“My commitment has always been to ensure that property owners have their rights safeguarded and that we foster a fair and transparent system,” Rep. Viola Davis said in a May news release. “The end results must protect the American Dream of Homeownership.”
Davis and her two co-sponsors, all Democrats, hope to get the bill to a vote when the legislature returns to session in January.
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Southeast
Young girl dies after mother leaves her in hot car to go to work: police
A mother was recently arrested after she allegedly left her young daughter in a hot car before clocking into work.
The Charlotte-Mecklenburg Police Department (CMPD) announced the arrest of Ashlee Stallings, 36, on Thursday. The mother has been charged with involuntary manslaughter and child abuse by willful act causing serious injury related to the death of her 8-year-old daughter.
In a press release, police explained that Stallings’ daughter was found in critical condition in a hot car in Charlotte on Wednesday. Officers were alerted to the situation around 6:30 p.m.
“Upon arrival, officers located an 8-year-old female in critical condition inside of a vehicle,” the police’s statement read. “The victim was transported to the hospital and was later pronounced deceased.”
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“Upon further investigation it was determined that the victim was left in a vehicle in hot weather conditions and suffered a medical emergency.”
The girl’s cause of death was listed as a brain herniation due to hyperthermia, according to an arrest affidavit obtained by WTVD. In the affidavit, police reported that Stalling returned to her car and found her daughter breathing shallowly and foaming at the mouth.
The mother then used a hammer to break open the back window and attempted to drive to a hospital before stopping and asking a local business for help. The suspect told police that she was aware of the fact that her daughter was in the car, but that she left air conditioning on.
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Stallings “believed the victim turned the car off because she was cold,” the affidavit said.
“She admitted she knew the temperature was 94 degrees outside and that she should not have left the victim inside the car alone,” police added.
Stallings was transferred to the custody of the Mecklenburg County Sheriff’s Office after her arrest.
Fox News Digital reached out to the CMPD for more information, but has not heard back.
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