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Society & Culture
Virtual Legality Episode 512

Is Biden Administration Turning Facebook Into Trump's "State Actor"?

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4d Jul 20, 2021
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When we last checked in on Big Technology, former President Trump was attempting to establish (via lawsuit) that Facebook was an arm of the US government due to the "coercive" measures taken by Congress...through congressional testimony and "mean tweets".

Since then, the Biden Administration has seemingly done all it can to help solidify Trump's argument. What have they done and why? Let's dive in.

It's hard to imagine a group doing more to help Trump's case...in Virtual Legality.

#Biden #Facebook #Lawsuit


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Discussed in this episode:
"Trump's Big Tech Lawsuit: Facebook As Arm of Government? (VL506)"
YouTube Video - July 8, 2021 - Hoeg Law
https://youtu.be/snFTqNKuIsI

First Amendment, US Constitution
https://www.law.cornell.edu/constitution/first_amendment

Trump v Facebook
Filed July 7, 2021 (S.D. FL)
https://aboutblaw.com/Yur?utm_source=twitter&campaign=2CEA049A-DF37-11EB-81DA-26B84F017A06&utm_medium=lawdesk

Manhattan Community Access Corporation v. Halleck
US Supreme Court (2019)
https://www.supremecourt.gov/opinions/18pdf/17-1702_h315.pdf

Facebook "Terms of Service"
Updated October 22, 2020
https://www.facebook.com/terms.php

Blum v. Yaretsky
457 U.S. 991 (1982)
https://supreme.justia.com/cases/federal/us/457/991/#1003

"Biden Administration's Admission They're Flagging Content to Facebook Sparks Furor"
Newsweek - July 15, 2021
https://www.newsweek.com/biden-administrations-admission-theyre-flagging-content-facebook-sparks-furor-1610257

"Press Briefing by Press Secretary Jen Psaki, July 16, 2021"
https://www.whitehouse.gov/briefing-room/press-briefings/2021/07/16/press-briefing-by-press-secretary-jen-psaki-july-16-2021/

Emergency Use Authorization for Vaccines Explained
FDA Webpage
https://www.fda.gov/vaccines-blood-biologics/vaccines/emergency-use-authorization-vaccines-explained

"Overview for Vaccine Recipients"
Moderna Webpage
https://www.modernatx.com/covid19vaccine-eua/recipients/

"FACT SHEET FOR RECIPIENTS AND CAREGIVERS"
Moderna
https://www.modernatx.com/covid19vaccine-eua/eua-fact-sheet-recipients.pdf

"The F.D.A. on the Vaccine Reviews: ‘We Want to Assure the Public’"
New York Times - Opinion Letter - July 9, 2021
https://www.nytimes.com/2021/07/09/opinion/letters/fda-covid-vaccines.html

"Covid misinformation on Facebook is killing people - Biden"
BBC Website - July 17, 2021
https://www.bbc.com/news/world-us-canada-57870778

"Moving Past the Finger Pointing"
Facebook Blog Post - July 17, 2021
https://about.fb.com/news/2021/07/support-for-covid-19-vaccines-is-high-on-facebook-and-growing/

"COVID-19 and Vaccine Policy Updates & Protections"
Facebook Help Page
https://www.facebook.com/help/230764881494641/

"Confronting Health Misinformation"
US Surgeon General Recommendations
https://www.hhs.gov/sites/default/files/surgeon-general-misinformation-advisory.pdf

"Biden tries to clarify comment that Facebook is 'killing people'"
ABC News - July 19, 2021
https://abcnews.go.com/Politics/biden-clarify-comment-facebook-killing-people/story?id=78927017

"White House says social media networks should be held accountable for spreading misinformation"
CNBC - July 20, 2021
https://www.cnbc.com/2021/07/20/white-house-social-networks-should-be-held-accountable-for-spreading-misinfo.html

"Protection for private blocking and screening of offensive material"
47 USC 230 (CDA 230)
https://www.law.cornell.edu/uscode/text/47/230

"Joe Biden"
New York Times Interview
https://www.nytimes.com/interactive/2020/01/17/opinion/joe-biden-nytimes-interview.html


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
00:00 Introduction
01:17 Previously on... Trump v Facebook
7:50 Press Secretary Psaki's Press Conferences
14:40 Misinformation: An "approved" Case Study
19:12 Killing People and Abiding "Recommendations"
22:55 Accountability in Action: Setting the Record...Straight?
30:00 Conclusion

About Hoeg Law

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