Don't assume the 5th Circuit will give Doughty a pass -- but that's beside the point

Mayorkas not only attempted to create the infamous Disinformation Governance Board but has given grants to an array of controversial censorship programs. I also testified recently on the efforts of Easterly, who radically extended her regulatory authority by declaring “critical infrastructure” includes “our cognitive infrastructure” and “building that resilience to misinformation and disinformation.” That included barring “malinformation” that is “based on fact, but used out of context to mislead, harm, or manipulate.” You read that correctly: It can be true information which the government nevertheless believes is being used for a misleading purpose.

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The injunction in this case is likely to face tough scrutiny and skepticism on appeal. Doughty was previously rebuked by the U.S. Court of Appeals for the Fifth Circuit when it blocked his order to compel former White House press secretary Jen Psaki to testify in the case.

However, the judge’s temporary-relief order is less important than the judicial scrutiny of this long-concealed network of censorship and blacklisting maintained by the government.

[Gabriel Malor also expressed skepticism about Doughty’s injunction and the wide net it cast. Even if the Fifth Circuit declines to issue a stay, it may not be enforceable beyond those explicitly named in the order. But Turley argues, correctly, that the memorandum Doughty issued alongside the injunction matters more. Democrats have tried denying these allegations or shouting down critics, including Turley himself. The evidence uncovered in Doughty’s court, thanks to his allowing the discovery process to go forward, speaks for itself regardless of what happens with the injunction. — Ed]

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