Fifth Circuit gets it wrong — again

Plus, a bombshell new report on payments to Justice Thomas' wife, Ginni [VIEW IN BROWSER]( MSNBC DAILY Understand today's news [VIEW IN BROWSER]( MSNBC DAILY Understand today's news Tuesday, Sep. 12, 2023 THE LATEST [Alternate text] [Conservative judges are still misreading the First Amendment. And the risks are real.]( By Jessica Levinson The Biden administration, which correctly realizes that misinformation and disinformation are threats to our public health and to democracy itself, has worked with social media companies to support and increase those platforms' content moderation activities. But this summer, [Republican attorneys general from Missouri and Louisiana]( and four people who said social media companies had deleted some of their content sued the administration and alleged its activities were unconstitutional. The attorneys general claimed that the Biden administration was working with social media companies to [silence speech]( protected by the First Amendment, a contention consistent with a [broader argument made by many conservatives]( who say [social media companies are censoring or restricting their speech because it is unpopular](. And they got a federal judge, [Terry A. Doughty of the Western District of Louisiana, who largely agreed with them](. This is a preview of Jessica Levinson's latest article. [Read the full column here.](     TOP STORIES [Alternate text] [JA'HAN JONES]( [Marjorie Taylor Greene commits a MAGA mortal sin]( If there’s one thing former President Donald Trump loathes, it’s what he deems as insufficient loyalty to his illiberal causes.[Read more.]( CHARLIE SYKES [Mike Pence's big anti-Trump speech was accidentally very revealing]( His speech reads like a eulogy for a bygone era. [Read more.]( [HAYES BROWN]( [Why it's so shocking that Drew Barrymore would cross the picket line]( Drew Barrymore's talk show return is a misfire of her empathy. [Read more.]( [JAMES DOWNIE]( [Naomi Klein's new book hints at a roadmap for Biden's re-election]( It's too early for Democrats to worry about President Joe Biden's polling numbers — until it isn't. [Read more.]( TOP VIDEOS [Alternate text] [Ginni Thomas]( [ALL IN]( [Reporter discusses bombshell report on payments to Ginni Thomas by the 'face of dark money']( [Donald Trump]( [DEADLINE WHITE HOUSE]( [Trump asks judge in D.C. election case to recuse herself]( [Rep. Ken Buck]( [ALL IN]( ['Absurd:' GOP rep blasts Marjorie Taylor Greene over Biden impeachment push]( [A silhouette of a person receiving a Covid vaccine]( [CHRIS JANSING REPORTS]( [FDA approves new Covid booster. Here's what you need to know.](     MORE FROM MSNBC [Alternate text]   In the latest episode of “Velshi Banned Book Club,” Ali Velshi explores the ever-relevant topic of gun violence in literature with authors Jodi Picoult and Todd Strasser. [Listen now.](   In the latest episode of “Prosecuting Donald Trump,” MSNBC legal analysts Andrew Weissmann and Mary McCord travel to Georgetown Law to discuss the flurry of activity in Georgia and Trump’s other legal cases, and answer audience questions. [Listen now.]( MSNBC INSIGHTS [Alternate text] Have you ever wanted to provide MSNBC with your opinion about their TV programs, documentaries, and digital products, such as MSNBC.com, newsletters, and podcasts? Now is your chance! [Join the MSNBC Insights Community.](   [Image] [Image] 30 Rockefeller Plaza New York, NY 10112 [PRIVACY]( | [CONTACT]( | [UNSUBSCRIBE](listvar=sub_daily) [PRIVACY]( | [CONTACT]( | [UNSUBSCRIBE](listvar=sub_daily)