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Supreme Court to decide if tech companies can censor what you post on the internet

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Supreme Court to decide if tech companies can censor what you post on the internet

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The Supreme Court is set to hear arguments in the most significant free speech case since the 1960s on Monday, Feb. 26. The dispute comes down to one question: Do Big Tech companies have a constitutional right to censor other people? 

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The court will hear two connected free speech cases. The broader of the two, NetChoice v Paxton, stems from a challenge of the Texas law which protects its residents from Big Tech censorship. The other important case, Moody v NetChoice, was also brought by Big Tech to challenge a Florida law which prohibits Big Tech censorship of political figures.

The Media Research Center has now documented more than 6,400 cases of censorship by firms such as Amazon, Google/YouTube, and Meta — including the egregious suppression of the New York Post Biden laptop story ahead of the 2020 election. To protect Texans from Big Tech’s abuses of power, Texas enacted a new “common carrier law.” 

JOHN OLIVER OFFERS JUSTICE THOMAS MILLIONS TO ‘GET THE F— OFF THE SUPREME COURT’

Common carriership is a longstanding legal concept for private companies which hold themselves out as “open to the public” and also control access to other markets. Common carrier laws have existed for centuries, covering utilities, telecommunications firms and railroads.  

Many believe Supreme Court Justice Clarence Thomas helped set in motion the challenge to Big Tech censorship with comments he made. (Drew Angerer/Getty Images)

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A common carrier is forbidden from denying service to or discriminating against its customers. While it was already broadly understood this category included large social media platforms, Texas eliminated any doubt by explicitly classifying them as such.  

Under its trade association NetChoice, Big Tech has advanced a profoundly silly argument for why courts should block the Texas law. Big Tech claims that, by barring social media platforms from subjectively banning users, Texas is compelling the platforms “to speak” against their will. 

Big Tech now begs the court to create a constitutional right to censor, immunizing discrimination —- a right that would apply even if a platform’s stated goal was to manipulate elections or target people by race and religion.  

If courts accept Big Tech’s arguments, it would mean that notoriously anti-Israel Google could have an unlimited constitutional right to ban Jewish Americans from posting videos on YouTube. If this sounds far-fetched, keep in mind that Facebook has already banned several Punjabi-American Sikhs from the platform specifically because of their racial and religious identity.  

To be clear, any of the Big Tech firms covered by the Texas law can choose to stop being common carriers whenever they like. All they would have to do is say that they are publishers, no different than newspaper or book editors and entirely protected by the First Amendment. Being a publisher, though, means accepting liability for the content on their sites.  

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Of course, platforms like YouTube and Facebook know many of their users are uploading defamatory, fraudulent and even violent content, and they do not want to face any responsibility for that. Therefore, instead of choosing to be publishers, they are asking activist judges to let them enjoy all the benefits of being a common carrier (total immunity for customers’ conduct) while avoiding any of the responsibility (the obligation not to discriminate).   

The Fifth Circuit rightly rejected Big Tech’s laughable argument, saying that it was “staggering” for “platforms [to] argue that buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.” Nevertheless, there is a genuine danger that the Supreme Court will side with Big Tech and rewrite the Constitution to enshrine censorship.  

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One justice who is unlikely to join in such an effort is Justice Clarence Thomas. Many believe the Texas law was, in part, inspired by an opinion he wrote in 2021, where he remarked that “[i]n many ways, digital platforms that hold themselves out to the public resemble traditional common carriers” because they “are at bottom communications networks, and they ‘carry’ information from one user to another.”  

The New York Post’s bombshell reporting during the 2020 presidential election was one of many topics heavily censored by Big Tech. (Getty images  |  New York Post)

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Justice Elena Kagan, an appointee of then-President Barack Obama, joined Thomas in contending (unsuccessfully) that the Texas law should have remained in place while the court decides its fate. A justice is unlikely to allow a law to go into effect if she believes that, on appeal, it will be ruled unconstitutional. 

While Kagan may surprise court observers by siding with Texans’ free speech rights, Justice Brett Kavanaugh remains an enigma. When he was a circuit court judge, Kavanaugh claimed some common carriers possess “editorial discretion” to censor in violation of federal law. If Kavanaugh still believes in this invisible “editorial discretion” loophole to duly enacted civil rights statutes, then he could well side with Big Tech against free speech. 

 

If Kavanaugh and four other justices take this drastic step, the ramifications for America will be devastating. Only once in history has the Supreme Court limited a common carrier law. That was in the now discredited Plessy v. Ferguson case, where the Supreme Court allowed a railroad to deny service to a Black man.  

Choosing to uphold Texas’s free speech law ought not to be difficult for the Supreme Court. Centuries of precedent reiterate that Americans’ fundamental liberties can be protected with common carrier laws. It would be much better for the justices to follow these rulings rather than create a new constitutional right for the world’s largest corporations to discriminate.   

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Tim Kilcullen is counsel for investigations at the Media Research Center.

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Texas teachers’ union sues state over investigation into controversial Charlie Kirk posts

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Texas teachers’ union sues state over investigation into controversial Charlie Kirk posts

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The Texas American Federation of Teachers (AFT) announced on Tuesday that it plans to sue the Texas Education Agency (TEA) over what it called “unlawful investigations” into school officials over social media posts made about Charlie Kirk’s assassination.

In September, Texas Commissioner of Education Mike Morath sent out a letter to state school superintendents announcing that he was launching investigations into school officials that he said “posted and/or shared reprehensible and inappropriate content on social media” regarding the Turning Point USA founder’s death.

“Such posts could constitute a violation of the Educators’ Code of Ethics and each instance will be thoroughly reviewed to determine whether sanctionable conduct has occurred and staff will investigate accordingly,” Morath wrote. “While the exercise of free speech is a fundamental right we are all blessed to share, it does not give carte blanche authority to celebrate or sow violence against those that share different beliefs and perspectives.”

TEXAS TECH STUDENT ARRESTED, EXPELLED AFTER VIDEO SHOWS HER ‘MOCKING’ CHARLIE KIRK VIGIL: OFFICIALS

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Texas Commissioner of Education Mike Morath issued a letter in September announcing investigations into teachers’ social media posts about Charlie Kirk’s assassination. (fstop123/iStock via Getty Images Plus)

The lawsuit alleges that since the letter was issued, several Texas AFT members have been placed on administrative leave, reprimanded or terminated over their social media posts, which the organization claims is a First Amendment violation.

“Somewhere and somehow, our state’s leaders lost their way,” Texas AFT President Zeph Capo said in a statement. “A few well-placed Texas politicians and bureaucrats think it is good for their careers to trample on educators’ free speech rights. They decided scoring a few cheap points was worth the unfair discipline, the doxxing, and the death threats targeted at Texas teachers. Meanwhile, educators and their families are afraid that they’ll lose everything: their livelihoods, their reputations, and their very purpose for being, which is to impart critical thinking.”

GREG ABBOTT MAKES MAJOR ANNOUNCEMENT ABOUT TURNING POINT USA IN TEXAS

National AFT President Randi Weingarten also released a statement condemning the TEA.

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Randi Weingarten, president of the American Federation of Teachers, released a statement condemning the Texas Education Agency for the letter. (David Paul Morris/Bloomberg via Getty Images)

“Sadly, Texas officials, unlike their colleagues in Utah, decided to exploit the tragedy of Mr. Kirk’s senseless murder, rather than deescalate,” Weingarten said. “Their actions are a transparent effort to smear and shame educators, divide our communities, and deny our kids opportunities to learn and thrive. They are a state-sponsored attack on teachers because of what they thought were private comments to friends and family. And even if we think some of this speech is noxious, defending one’s right to speak is the essence of our democracy.”

She added, “You don’t lose your constitutional rights when you decide to become a teacher—the Constitution, for it to have any meaning at all, has to work for all Americans, not just some.”

PROFESSOR FIGHTING DISMISSAL FOR CALLING CHARLIE KIRK A ‘NAZI’ HANDED LEGAL WIN, FUELING FREE SPEECH DEBATE

The AFT is seeking a permanent injunction of the TEA policy and investigations. The TEA declined to comment to Fox News Digital.

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School officials across the country have been fired or reprimanded for appearing to celebrate Charlie Kirk’s assassination. (Phill Magakoe/AFP via Getty Images)

In the weeks following Kirk’s assassination, several public school teachers across the nation were reprimanded or fired after going viral with controversial social media posts that appeared to celebrate his death.

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Texas Gov. Greg Abbott previously announced that more than 100 teachers in the state would have their teaching certifications suspended after investigators found they had called for or encouraged violence following Kirk’s assassination.

Fox News’ Kristine Parks contributed to this report.

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Former MLB great Mark Teixeira makes stance on Minnesota ICE shooting clear

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Former MLB great Mark Teixeira makes stance on Minnesota ICE shooting clear

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The Minnesota ICE shooting that resulted in the death of Renee Good has drawn strong reactions everywhere.

According to Department of Homeland Security Secretary Kristi Noem, Good was operating a vehicle that agents ordered her to exit. Good, according to Noem, refused and “attempted to run them over and ram them with her vehicle.”

After Vice President JD Vance delivered a strong statement defending ICE agents for their work, the White House posted a graphic with a portion of Vance’s plea and the caption, “STAND WITH ICE.”

 

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Texas Rangers first baseman Mark Teixeira rounds the bases after hitting a home run against the Baltimore Orioles at Ameriquest Field Aug. 7, 2005, in Arlington, Texas. (Tim Heitman/USA Today Sports )

Former MLB All-Star Mark Teixeira, who launched his campaign for Texas’ 21st Congressional District in August as a Republican to “help defend President Trump’s America First agenda,” voiced his support.

“I stand with ICE,” the former Texas Ranger, Atlanta Brave, Los Angeles Angel and New York Yankee wrote on X.

Teixeira’s announcement followed Rep. Chip Roy’s decision not to seek re-election and run for Texas attorney general. Roy, who represents the district, made the announcement in a campaign video shared on X last year. His video centered on preserving the Lone Star State’s legacy of “liberty, freedom and self-determination.”

Former New York Yankee Mark Teixeira throws out the first pitch before a game between the Minnesota Twins and the Yankees in the 2019 ALDS at Yankee Stadium.  (Brad Penner/USA Today Sports)

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Noem called the incident “domestic terrorism.”

“An officer of ours acted quickly and defensively, shot to protect himself and the people around him,” she said.

Federal authorities said Good tried to run over ICE agents who were part of a 2,000-member team sent to the Twin Cities to round up and deport undocumented immigrant criminals.

Teixeira, 45, played 14 seasons in the majors. He debuted with the Rangers in 2003 but is perhaps best known for being an MVP candidate and World Series champion with the Yankees, the final stop of his career.

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New York Yankees first baseman Mark Teixeira hits an RBI single against the Oakland Athletics during the sixth inning at the Oakland Coliseum May 22, 2016, in Oakland, Calif. (Kelley L Cox/USA Today Sports)

One of the best hitters in the game, Teixeira was a three-time Silver Slugger Award winner and finished his career with a .269 batting average and 409 home runs. He was a five-time Gold Glove winner and was a member of the Yankees’ 2009 World Series championship team. 

The congressional race is set for November 2026, with a primary scheduled for March.

Fox News’ Jackson Thompson contributed to this report.

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Republican senators hit border, touting tougher security and tax cuts, in 2026 kickoff

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Republican senators hit border, touting tougher security and tax cuts, in 2026 kickoff

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Aiming to not only hold but expand their 53-47 majority in November’s midterm elections, top Senate Republicans are showcasing the plummeting rates of border crossings during a stop Friday at the nation’s southern border with Mexico.

And the group, led by Senate Majority Leader John Thune, is also highlighting how President Donald Trump and Republican lawmakers are “putting more money in Americans’ pockets.”

The stop at the border, hosted by One Nation, a nonprofit outside group closely aligned with Thune, is seen as an unofficial kickoff by Senate Republicans ahead of the midterms to tout the sweeping “One Big, Beautiful Bill Act,” Trump’s signature domestic achievement last year that was passed nearly entirely along party lines in the GOP controlled Congress.

At the event at the border, which was a regular stop for Republicans amid the surge in border crossings during then-President Joe Biden’s administration, the GOP senators are teaming up with members of the National Border Patrol Council. And they are highlighting how the passage of the domestic policy measure “secured transformational border security funding,” according to One Nation.

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THUNE PREVIEWS SENATE REPUBLICANS’ MIDTERM MESSAGE 

Senate Majority Leader John Thune and fellow Senate Republicans speak to reporters at an event at the nation’s southern border with Mexico, on Jan. 9, 2026. (One Nation)

“This is a remarkable, remarkable difference in just a year,” Thune said at the event. “It’s been an incredible year of progress when it comes to the southern border and the American people are experiencing the benefit of that in the form of having safer streets and safer communities and safer neighborhoods.”

But with Democrats enjoying decisive victories and overperformances in the 2025 elections and in a slew of special elections and other ballot box showdowns last year, which were fueled by their laser focus on affordability amid persistent inflation, the Republican senators are also using Friday’s trip to spotlight the tax cut and energy policy provisions in the bill, which they rebranded as the “Working Families Tax Cut.”

“The Working Families Tax Cut will make buying groceries more affordable for working Americans this year,” the Senate Republicans touted on social media on the eve of the border stop. “Every Democrat voted against it.”

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And they also highlighted that “Senate Republicans have worked closely with President Trump to lower energy prices and make life more affordable — and the results speak for themselves.”

Thune, at the border, pointed to the tax cut provisions in the GOP measure, including no tax on tips and overtime and reduced rates for seniors on Social Security, along with “the jobs that are going to be created by the pro-growth policies that we put in place….are going to lead us to a place where the American people are seeing their incomes go up.”

But Democrats see the cost of living as their winning issue heading into the midterms.

“If the Republican agenda actually made life more affordable for working Americans, then they wouldn’t be desperately flailing as families struggle to afford groceries, health care, and housing,” Lauren French, communications director at Senate Majority PAC, the top Senate Democrat-aligned outside group, told Fox News Digital. “Instead of focusing on working people, Trump and Senate Republicans are focused on bringing chaos and instability into our communities.”

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Senate Majority Leader John Thune, R-S.D., holds a political and policy event Friday at the nation’s southern border with Mexico. (Nathan Posner/Anadolu via Getty Images)

Joining Thune, the longtime senator from South Dakota, at the border is Sen. John Barrasso of Wyoming, number two in Senate Republican leadership.

There are also Sen. John Cornyn of Texas, who faces a bruising GOP primary showdown in March against challengers Texas Attorney General Ken Paxton and Rep. Wesley Hunt; and Republican Sens. Jon Husted of Ohio and Ashley Moody of Florida, who were appointed last year and will face voters this November.

HEALTHCARE, ECONOMY AND THE ‘ONE BIG, BEAUTIFUL BILL’: WELCOME TO THE MIDTERMS

GOP Sens. Pete Ricketts of Nebraska and Mike Rounds of South Dakota, who are up for re-election this year, are also on the trip, as are former Rep. Mike Rogers and former Republican National Committee chair Mike Whatley, the GOP Senate candidates in battlegrounds Michigan and North Carolina who are backed by Thune and the National Republican Senatorial Committee.

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“We’re seeing signs already that the economy is starting to tick up and is starting to take hold as the President’s policies are getting in place,” Whatley argued last month in a Fox News Digital interview. “We need to make sure that we have the trade policies, the tax policies, the regulatory policies from this administration that are going to help our small businesses, our manufacturers and our farmers across North Carolina.”

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But Democrats are energized as the midterm year begins, as they continue to keep their focus on the issue of affordability.

“Donald Trump has lost the economy, is losing his mind, and is going to lose the midterms,” Democratic National Committee chair Ken Martin claimed in a recent statement.

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