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Former President Donald Trump scored a First Amendment win when a New York judge dismissed a case against him and popular social media personality CarpeDonktum over a meme criticizing legacy media as “fake news.”

According to New York Supreme Court Judge David Benjamin Cohen, the meme retweeted by Trump and created by CarpeDonktum, whose real name Logan Cook, was “newsworthy” and clearly satirical. The Hollywood Reporter described the video in question:

Cook found a video of a white toddler running after a black toddler and stuck a chyron reading “breaking news” over it. The captions read, “Terrified Todler [sic] Runs From Racist Baby” and “Racist Baby Probably A Trump Voter.”

The video then fades to black, and reads, “What actually happened.” The toddlers run at each other and embrace. A new caption: “AMERICA IS NOT THE PROBLEM…FAKE NEWS IS. IF YOU SEE SOMETHING, SAY SOMETHING. ONLY YOU CAN PREVENT FAKE NEWS DUMPSTER FIRES.”

Twitter quickly added one of their infamous “manipulated video” labels to the clearly faux meme. And later, the family of the toddlers in the meme filed a private suit against Trump and Cook alleging “the exploitation of the childrens’ image had violated New York privacy and publicity rights law (N.Y. Civil Rights Law §§50 and 51) and was both an intentional and negligent infliction of emotional distress,” The Hollywood Reporter noted.

“Initially, as defendants assert, the video was newsworthy,” Cohen wrote in his decision. “To promote freedom of expression, the meaning of ‘newsworthiness’ has been broadly construed and includes ‘not only descriptions of actual events … but also articles concerning political happenings, social trends, or any subject of public interest.’”

“It is common knowledge that one of the principal tactics of Trump’s presidential campaigns, as well as his presidency, was to incessantly attack the mainstream media as purveyors of ‘fake news,’ including his claim that the media exaggerates the extent of racial division in this country,” the judge continued. “Thus, the video’s references to ‘fake news’ and its depiction of race relations, however distorted, are clearly newsworthy.”

“Since the video is therefore a satire, albeit one which some may consider to be rather distasteful, this Court is constrained to find that it is not actionable,” he said.

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Cohen, though, did not agree with Trump’s request to have his legal fees paid for from the “frivolous” suit. The plaintiffs had a “good faith basis” for their case, Cohen said, and “should not be penalized by the draconian language set forth in” the anti-SLAPP statute, according to The Hollywood Reporter.

Last week, Trump filed class-action lawsuits against Big Tech giants Facebook, Google, and Twitter over the censorship of conservatives, The Daily Wire’s Ian Haworth reported:

Speaking at a news conference, Trump said the lawsuits would demand that the court prevent ongoing censorship.

“We’re demanding an end to the shadow-banning, a stop to the silencing, and a stop to the blacklisting, banishing, and canceling that you know so well,” Trump said, calling the lawsuits “a very important game-changer for our country.”

The lawsuits, filed in the Southern District of Florida, argue that Big Tech giants violated Trump’s First Amendment rights when they suspended his social media accounts. In addition, they claim that many such platforms should be considered as “state actors” who should be limited by “First Amendment restrictions on government limitations on free speech.” Finally, the lawsuits look to strike down Section 230 of the Communications Decency Act, as well as seeking “unspecified punitive damages.”

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Capitol breach

House GOP hopes Jan. 6 committee probes Pelosi involvement

House Minority Whip Steve Scalise floated the idea of investigating what the top Democrat knew before the attack.

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House Republicans hope that members of their conference named to the Democratic-controlled select committee formed to investigate the Jan. 6 riot could probe House Speaker Nancy Pelosi’s actions ahead of the riot and direct attention to other “political violence” beyond the Capitol attack.

In a press conference on Tuesday, House Minority Whip Steve Scalise floated the idea of investigating what the top Democrat knew before the attack.

“There have been many questions raised about why there wasn’t a higher National Guard presence. It was supposedly offered,” Scalise said. “At what level was that rejected? I would hope they would look into that because that question really hasn’t been answered. How high up the chain did it go? Was it at the speaker’s level where they were offered National Guard protection on Jan. 6 and denied it?”

Pelosi’s office has repeatedly rejected suggestions that she was not consulted or contacted about any requests for National Guard presence on Jan. 6.

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Scalise stopped short of calling on Pelosi to testify, saying that he will leave that up to members of the committee.

House Minority Leader Kevin McCarthy on Monday announced that he appointed five Republican lawmakers to the select committee, with Indiana Rep. Jim Banks as the ranking member. Pelosi appointed seven Democrats, plus Trump critic Republican Rep. Liz Cheney of Wyoming.

Scalise, echoing McCarthy’s previous statements, says that he hopes the committee will “look at the whole array of political violence that led up to Jan. 6 and still has gone on after that.”

Before Republicans blocked a bipartisan joint Jan. 6 commission proposal that would have given Republicans more control over the committee and a strict timeline, McCarthy and others had expressed opposition to a body that did not look into riots in Black Lives Matter protests last summer.

Scalise also brought up U.S. Capitol Police Officer Billy Evans, who died after a suspect who appeared to be a Nation of Islam leader rammed a car through a security checkpoint in April.

“There was a Capital Police officer killed after Jan. 6 that Pelosi, Speaker Pelosi, doesn’t want to look into that seems to be loaded by political violence,” Scalise said. “So let’s look at the whole array of political violence and what we can do to dial it down and get better control over it.”

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biden administration

“American’s are refusing to take the Vaccine because they don’t trust Biden Administration” – Trump

“They don’t trust the Election results, and they certainly don’t trust the Fake News, which is refusing to tell the Truth.’

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Former President Donald Trump has claimed that vaccination rates are falling because the public does not trust the Biden administration, the mainstream media and the results of the 2020 presidential election.

In a statement on his ‘Save America’ website, the former president wrote: ‘Joe Biden kept talking about how good of a job he’s doing on the distribution of the Vaccine that was developed by Operation Warp Speed or, quite simply, the Trump Administration. 

‘He’s not doing well at all. He’s way behind schedule, and people are refusing to take the Vaccine because they don’t trust his Administration, they don’t trust the Election results, and they certainly don’t trust the Fake News, which is refusing to tell the Truth.’

Trump and conservative media outlets have criticized President Biden for not giving Trump credit for creating the vaccine through Operation Warp Speed, however many Trump supporters have refused to get the vaccine.

The Trump administration established Operation Warp Speed in April 2020 to facilitate and accelerate the development, manufacturing, and distribution of COVID vaccines. The public-private partnership has been lauded by people on both sides of the aisle.

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However, the first time Trump encouraged his followers to get the vaccine was in March, after it was revealed he and Melania Trump got the COVID vaccine in January.

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Big Tech

House Republicans Outline steps to confine Big Tech from further infringement of American right

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House Republicans has rolled out steps to confine Big Tech and its practice which has resulted in infringing on the free speech of Americans

Lead Republican on the House Judiciary Committee, Jim Jordan (R-Ohio), and his fellow GOP Representatives on Wednesday laid out their framework for reining in Big Tech companies’ control over the public discourse.

The proposal comes a couple of weeks after the House Judiciary Committee voted to advance six bipartisan antitrust bills.

Chairman Jerry Nadler (D-N.Y.) lauded the passage of the bills. “By reining in anti-competitive abuses, our legislation ensures there is a space for opportunity and innovation to thrive online,” Nadler said.

However, Jordan express disbelief if the anti-trust legislation will benefit Americans or protect free speech.

According to him, the advanced bills by the judiciary committee does not deal with tech monopolies and free speech issues, rather it empowers the congress to control Big Tech Companies.

“I think what these bills do, very clearly, is they marry up big government with big tech, and I think it’s going to make the situation worse,” Jordan told Fox News last month.

“Democrats want to use the power of the regulatory state the power of big government, particularly the Biden administration to further control the economy and limit speech,” he said.

“The empowerment they give to the Federal Trade Commission to run companies, and the one bill has secret committees that aren’t subject to any type of transparency.

“What we need to do is take away their liability protection and break them up, two simple things. That’s what Republicans are going to focus on doing,” he added of where the GOP bills differ. “We’ve introduced that first piece of legislation last week as well. So that’s where we need to go, but I don’t think Democrats want the same objective that you do, your viewers do, and most of America does.”

Jordan and Republican l awmakers opined that their framework will help create laws that will hold Big Tech accountable.

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The Republican proposal is divided into three key parts: speed, accountability, and transparency.

By speed, the GOP members proposed requiring a faster process for hearing antitrust cases against Big Tech and empowering Attorney Generals to use fast-track anti-trust cases.

Under accountability, Republicans are seeking to reform tech’s protection from legal liability for content on its platforms under Section 230. They also want to create a statutory basis for Americans to directly challenge Big Tech in court for any censorship they experience. The GOP congress members also want to consolidate antitrust enforcement within the Department of Justice so that it is more effective and accountable.

The framework advocate that large platforms outline clearly and openly content moderation decisions and rules for censorship on a publicly available website. Failure to do so would result in a huge fine.

In a letter to House Republicans, leader Kevin McCarthy said the framework is only a starting point especially as Democrats continue to show no interest in addressing fairness.

“We will work with our members, committees, and newly formed task forces to turn this framework into legislation, and we will fight for floor consideration. Conservatives and our ideas have been targeted by Big Tech for too long. We must step up because make no mistake, the Democrats continue to demonstrate no interest in addressing fairness when it comes to conservative viewpoints. And they’ll continue to use Big Tech to do so,” he wrote.

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