KIRO NEWSRADIO OPINION

Ross: Federal judge rules you have the right to be misinformed

Jul 6, 2023, 11:44 AM

This week, a Louisiana federal judge granted a preliminary injunction in favor of the attorneys general of Missouri and Louisiana in the case of Missouri v. Biden, which is about whether officials of the federal government had any business contacting social media platforms like Twitter and urging them to delete what was considered misinformation.

Several government agencies have done this, including the Centers for Disease Control and Prevention (CDC) and the surgeon general asking the websites to remove posts pushing bogus COVID-19 cures or alleging that the vaccine was more dangerous than the virus. And, of course, the FBI discouraged posts about what was on Hunter Biden’s laptop.

The injunction has some people really upset that a judge would prohibit what amounts to fact-checking. But I will say, in my own experience, getting a complaint from a government official feels very different than getting a complaint from a listener. I can see how a website operator might feel intimidated.

More on the case: Injunction blocks Biden administration from working with social media firms about ‘protected speech’

At the same time, websites, unlike broadcast stations, have zero legal responsibility to fact check what they publish, even if the information ends up harming their audience.

And now, under this injunction, the government can’t even warn them about the harm they might do.

Under the order, officials of the CDC, the FBI and even the State Department are prohibited from emailing, calling, sending letters, texting, or engaging in any communication of any kind for the purpose of changing content.

More from Dave Ross: Maybe graffiti would be nicer if it was more cheerful

The judge also said if the government wants a post removed or altered, that post would have to involve outright crimes or threats to national security. But other than that, anything goes.

So that’s the new rule for now. Not only are websites legally protected from being sued over the consequences of misinformation, the government can’t even warn them about the harm they might do.

This is the first amendment protecting the right to be misinformed.

I know that for some people, this is outrageous. But for those who feel censored, the pressure from the government was just as outrageous. So this is another one of those issues which will have to be resolved outside the courtroom.

More from Dave Ross: Unequal treatment in Hunter Biden gun charges is outrageous

It will have to be resolved by the laws of nature, but you’re not subject to court injunctions or sentencing guidelines. And under the laws of nature, following bad advice during a pandemic can get you sentenced to a long hospital stay or worse. But that’s how freedom works, it protects your right to be misinformed and to take the consequences. That’s how we evolve.

The law of natural selection can be cruel, but it’s very effective. In any case, it can’t be enjoined, even by a federal judge.

Listen to Seattle’s Morning News with Dave Ross and Colleen O’Brien weekday mornings from 5-9 a.m. on KIRO Newsradio, 97.3 FM. Subscribe to the podcast here.

Dave's Commentary

Dave Ross on KIRO Newsradio 97.3 FM
  • listen to dave rossTune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

KIRO Newsradio Opinion

South Seattle homicide arrest wa safety study...

Jake Skorheim and Spike O'Neill Show

‘A jaw-dropping number’: Jake, Spike dig into why new study ranked WA dead last in safety

Discover why Washington ranked last in safety in a recent study by WalletHub. Explore the implications for residents and beyond.

32 minutes ago

bite of seattle communication delay...

John Curley Show

‘The story’s done’: Curley rips media fixation on Bite of Seattle communication delay

John Curley says the media's weeks-long focus on the roughly five-hour communication delay has run its course, and the story should remain focused on victims.

2 hours ago

A person waves a pride flag. (Photo: Heather Diehl, Getty Images)...

John Curley Show

‘Why this group?’: Curley brands Seattle’s $300K trans funding plan as ‘pity,’ Spike pushes back

John Curley and Spike O'Neill clash over Seattle approving $300K in funding for LGBTQIA+ organizations supporting trans and queer communities.

4 hours ago

sound transit riders pay...

Charlie Harger

Harger: Sound Transit’s radical new idea that riders should pay to ride

Discover Sound Transit's bold plan for riders to pay, set for a vote on Aug. 27. Is this common sense or a new challenge?

5 hours ago

business...

John Curley Show

‘They all happen to be Republican’: Curley not surprised WA ranked 38th best state to start a business

KIRO host John Curley wasn't surprised to find out Washington was ranked near the bottom on WalletHub's list of best states to start a business.

16 hours ago

7 bite of seattle shooting scene...

Jake Skorheim and Spike O'Neill Show

‘Who cares what race somebody is if they’re shooting people?’: Jake questions SPD’s refusal to describe Bite of Seattle suspect

Interim Seattle Police Chief Andre Sayles did not give a clear description of what may be a third gunman in the Bite of Seattle shooting.

18 hours ago

Ross: Federal judge rules you have the right to be misinformed