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Federal Court Dismisses Musk's X Lawsuit Against New York Law Forcing Platforms To Define Speech

Zero Rss
1 month 2 weeks ago
Federal Court Dismisses Musk's X Lawsuit Against New York Law Forcing Platforms To Define Speech

A Trump-appointed judge just dismissed a lawsuit by Elon Musk’s X seeking to void a New York state law requiring social media companies to disclose how they define and monitor hate speech, extremism, harassment, foreign political interference and disinformation.

U.S. District Judge John Cronan in Manhattan rejected X’s argument that the Stop Hiding Hate Act violated the U.S. Constitution's First Amendment by exposing it to lawsuits and big fines unless it disclosed "highly sensitive and controversial speech" that the state found objectionable.

Additionally, Cronan dismissed the case with prejudice, prohibiting X from refiling an updated claim on the same issue.

New York Attorney General Letitia James formally filed for the case to be dismissed in November 2025, saying the law helped consumers understand what to expect from social media, without blocking platforms from ‌speaking out or exercising their own judgment when moderating content.

Most notably, X Corp. pointed to a separate lawsuit it brought against California’s Assembly Bill 587, which it argued was “identical in all material respects” to S895B.

The Ninth U.S. Circuit Court of Appeals, which oversees California, held that AB 587’s content-category reporting provisions compelled non-commercial speech about contested political topics, which triggered strict scrutiny of the law under the First Amendment.

However, Cronan wrote that “[t]he First Amendment poses no obstacle to New York’s law."

He added:

“Businesses might not always want to share every detail about the products or services they offer. But when the government requires those businesses to speak truthfully about their offerings, the First Amendment typically allows for that kind of disclosure requirement.”

Musk’s company also said it already dedicates resources to regulating “hateful conduct” and that this would not be recognized under New York’s categories of “hate speech,” “racism,” or “extremism.” It also listed its efforts to regulate what it calls “manipulated, or out-of-context media that may result in widespread confusion on public issues, impact public safety, or cause serious harm,” but that would not be recognized by the New York law.

Nevertheless, the law was struck down on First Amendment grounds.

In this case, Cronan dismissed the California case (X Corp vs Bonta) stating that the level of scrutiny applicable was “Zauderer scrutiny,” which is “more relaxed than ordinary intermediate or strict scrutiny.”

Under the 'Zauderer standard', the government can usually force a business to state purely factual, uncontroversial information about what it sells, so long as the requirement is reasonably related to preventing consumer confusion and is not unduly burdensome.

Calorie counts, ingredient lists, and “you may still owe costs if you lose” in a lawyer ad are the classic examples.

Cronan put the Stop Hiding Hate reports in that box, analogized them to menu-labeling, and applied the relaxed standard.

He also held Section 230 does not preempt a reporting duty that attaches to incomplete or false filings rather than to the moderation decisions themselves.

The problem is the categories.

The law does not just say “publish your existing terms of service.”

It requires platforms to state whether and how they define “hate speech or racism,” “extremism or radicalization,” “disinformation or misinformation,” “harassment,” and “foreign political interference,” then report enforcement data sliced by those buckets.

However, those labels are not commercial product specs, they are contested political and legal concepts.

Platforms that refuse the state’s taxonomy, use different terms (“hateful conduct,” “violent speech,” “synthetic media”), or treat some of those categories as viewpoint-laden rather than objective, are being forced to translate their editorial judgments into the state’s vocabulary under threat of $15,000-a-day fines.

That is closer to compelled speech about contested public issues than to “this yogurt has 140 calories.”

A Trump-appointed SDNY judge reaching the opposite result from a Ninth Circuit panel is not a partisan surprise; it is a circuit split on a hard First Amendment question.

However, choosing to rule with prejudice” and no leave to amend is aggressive.

X’s theory is not frivolous; a sister circuit already accepted a version of it, as we detailed above.

Dismissing the case so that X cannot replead after discovery or after further appellate development in Bonta treats a close constitutional question as settled when it is not.

Tyler Durden Thu, 08/27/2026 - 20:30
Tyler Durden

An updated list of 10 big winners from this year’s MLB trade deadline

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Central California mall starts charging shoppers for closer parking: ‘This is what happens when LA people move’

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Joe Biden considered pardoning Trump during 2023 pillow talk with Jill, GOP governor says 

NY Post
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Judge Crushes Maryland Democrats' Gerrymandering Games

Zero Rss
1 month 2 weeks ago
Judge Crushes Maryland Democrats' Gerrymandering Games

Submitted by Maryland Freedom Caucus

Annapolis Democrats spent months insisting there was nothing to see here. On Tuesday, a Maryland judge told them otherwise — in writing, and in language sharper than anyone expected.

The bottom line: a circuit court judge just ruled that House Bill 2100, the constitutional amendment Governor Wes Moore and legislative Democrats rammed through a two-day special session to pave the way for wiping out Maryland's last Republican congressional seat, was placed on the November ballot unlawfully. 

This is the story of how we got here.

The Setup: A Map They Already Lost Once

In 2021, Maryland Democrats were hell-bent on maximizing their control of the state at every level. Already the most gerrymandered state in the union, they drew an 8-0, all-Democrat congressional map which now-Vice Chair of the Maryland Freedom Caucus, Delegate Kathy Szeliga, took to court. Judge Lynne Battaglia struck it down in a 95-page opinion grounded in the Maryland Constitution and Declaration of Rights. The current 7-1 congressional delegation is the product of both parties compromising in 2022.

In pursuit of a potential 2028 presidential run, Governor Wes Moore began pressuring legislative leaders to eliminate the state's last Republican seat — held by Congressman Andy Harris (MD-1), who also chairs the House Freedom Caucus. The House of Delegates passed a bill to do exactly that in February, HB 488, but it stalled and died in the Senate. Senate President Bill Ferguson worried it would invite a court to reaffirm Judge Battaglia's 2022 ruling and hand Republicans an even more favorable map. He held his ground even after House Minority Leader Hakeem Jeffries showed up in Annapolis to lean on him personally.

Then the political ground shifted. When the U.S. Supreme Court narrowed how far the Voting Rights Act can justify race-based congressional districting, several states began eyeing mid-cycle redistricting — Maryland among them. Not to be outdone by Gavin Newsom, Governor Moore called a special session for August to finish what he couldn't in February: eliminate Congressman Harris through a constitutional amendment designed to make sure Judge Battaglia's ruling could never stand in the way again.

The Special Session: Two Days, One Outcome Predetermined

While most of the Maryland General Assembly was on summer vacation, the Maryland Freedom Caucus was at work — researching, planning, and preparing. Before July 31, our strategy to defeat the redistricting amendment was already set. We had found a problem in the Democrats' plan that no one else seemed to catch: Senate Bill 29, signed into law in May 2026.

SB 29 amended Maryland's election law to include real reforms for ballot questions — plain language, no legal jargon, a policy statement telling voters exactly what would change if a measure passed. It also set a hard deadline: ballot language for a constitutional amendment had to be submitted to the Secretary of State by July 1 in an election year, giving the public a 15-day comment period to weigh in. For a special session that didn't convene until August 3, that meant Democrats had already blown their own deadline by more than a month.

Roughly fifty minutes before the committee hearing on HB 2100 — with the outcome predetermined despite overwhelming opposition registered to testify — Democrats slipped in a clause designed to nullify that deadline entirely. The clause, a non obstante provision, stated that "notwithstanding any other provision of law," the language they'd written would go straight to the ballot in November.

When pressed on it, in committee and on the floor, House Democrats' answer amounted to this: they write the rules, so the rules don't bind them. They ignored parliamentary procedure, the single-subject requirement, and the very election law they had codified themselves — all to ram through a measure that would let them rewrite congressional districts whenever and however they wanted.

The bill passed both chambers by August 4, 2026, and was on its way to the ballot — until the Maryland Freedom Caucus, together with Senate Minority Leadership, filed suit on August 6, represented by the legal team at the Oversight Project. It wasn't a random pairing. Several members of that legal team are Marylanders themselves — people with a personal stake in whether their own state's Constitution means anything, not just outside lawyers parachuting in for a headline case. 

The Lawsuit: Not Just "They Missed a Deadline"

The complaint, Howell v. Maryland State Board of Elections, was built on the legislature's own paper trail. It argued four things: that Democrats missed deadlines mandated by current election law; that they misrepresented the non obstante clause as a mere "technical" update; that they violated the single-subject rule by combining a constitutional amendment with an unrelated procedural override; and that the ballot language itself — having bypassed the required comment period and plain-language standard — was written in a way that misled voters.

That last point matters most. The text for Question 3 on the State Board of Elections website says the amendment will merely "clarify" that Maryland's legislative-district rules — requiring districts to be compact and respectful of natural boundaries — do not apply to congressional districts. But a judge already ruled otherwise, back in 2022. That’s not a clarification at all, it's the elimination of a barrier that stood between Democrats and total control.

Oral Arguments: The State's Defense Was "The Rules Don't Apply to Us"

Tuesday morning, August 25, we argued our case before Judge Robert Thompson in Circuit Court for Anne Arundel County. Attorney Jeffrey Clark argued for the Oversight Project. Assistant Attorney General Daniel Kobrin argued for the State.

Attorney Jeffrey Clark argued for the Oversight Project and knocked it out of the park. The team's command of the record, from the SB 29 timeline down to the exact language of the ballot question, was the product of weeks of meticulous preparation, not a rushed filing. For a legal team with Maryland roots of its own, this case was never just a job. 

Kobrin's argument boiled down: SB 29's deadlines only bind the process when the Secretary of State drafts the ballot question. When the legislature writes the language itself, apparently, the deadlines evaporate. In his own words to the court: "There's no blackout period set by the constitution."

6/ Kobrin says the General Assembly can draft the language itself, and the election deadlines for questions wouldn’t apply.

“There’s no blackout period set by the constitution,” Kobrin said.

— Mikenzie Frost (@MikenzieFrost) August 25, 2026

Read that argument again. It isn't a claim that Democrats complied with the law. It's a claim that the law simply doesn't apply to the people who wrote it, provided they cut out the middleman.

The Ruling: Three Ways to Lose

On Wednesday, Judge Robert J. Thompson didn't split the baby. He granted the plaintiffs' motion for summary judgment, denied the State's, and enjoined the Board of Elections from placing Question 3 on the November ballot — stayed pending the State's expected appeal to the Supreme Court of Maryland.

🚨Oversight Project Secures Massive Win in Howell v. Maryland State Board of Elections

We are grateful to have pursued this fight alongside members of the @MDFreedomCaucus and Members of the Maryland Senate as we fight to defend transparency, due process, and the integrity of… pic.twitter.com/fXouyIgXxE

— Oversight Project (@ItsYourGov) August 26, 2026

Ground one: Thompson rejected the State's "we wrote it ourselves so the deadline doesn't count" theory outright: "Because the legislature did not follow the very laws it enacted, the court finds the enactment of HB2100 to be legally deficient."

Ground two — the one that should actually sting: the judge ruled that the ballot question's use of the word "clarifies" is misleading. The court found nothing in the record supporting the idea that Maryland's compactness rules were ever understood to exclude congressional districts — because Judge Battaglia had already settled that question in 2022. Thompson's opinion states that "clarifies" is "intentionally misleading, and this should disqualify the ballot question as currently written."

Ground three: the ballot question illegally bundled two different subjects — the districting-standards change and a brand-new grant of jurisdiction to the Maryland Supreme Court — into a single question, violating the state's single-subject requirement for referred amendments.

FOR IMMEDIATE RELEASE

Maryland Freedom Caucus: Court Rules HB 2100 Unlawful — Case Now Heads to Maryland's Supreme Court

ANNAPOLIS, MD — One day after oral arguments in Howell v. Maryland State Board of Elections, Judge Robert J. Thompson of the Circuit Court for Anne Arundel… pic.twitter.com/URQLPULFOL

— Maryland Freedom Caucus (@MDFreedomCaucus) August 26, 2026

What Happens Now

The injunction is stayed while the State appeals to the Supreme Court of Maryland, meaning Question 3 remains on the ballot for the moment. The fight moves to the state's highest court.

But the finding already on the books doesn't go away: a Maryland judge has now ruled, in writing, that the word Democrats used to sell this amendment to voters was intentionally misleading. That's not an opposition talking point. That's a court record.

None of this happens without the Oversight Project. Their legal team's work on this case was top-notch from the first filing to the final argument — professional, exhaustively prepared, and, for several team members, personal. These are Marylanders who understood exactly what was at stake for their own state, and it showed in every page of the brief and every minute in that courtroom. 

Read our press release here: Today, the Oversight Project, a proud member of the @Phase2Deport and the leader of the Redistricting and Election Protection for American Integrity and Representation (REPAIR) Initiative, secured a massive litigation victory in Howell v. Maryland.… https://t.co/NzkzXOYpNF pic.twitter.com/3TtPbd2H69

— Oversight Project (@ItsYourGov) August 26, 2026

Delegate Matt Morgan, Chair of the Maryland Freedom Caucus, put it plainly: "A chamber that holds a supermajority is still a chamber bound by the law." Apparently, on Wednesday, a judge agreed.

Tyler Durden Thu, 08/27/2026 - 20:05
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Your Tax Dollars At Work: Georgia Teacher Creates 'Fart Corner' In Classroom, Calls It The 'Gas Station'

Zero Rss
1 month 2 weeks ago
Your Tax Dollars At Work: Georgia Teacher Creates 'Fart Corner' In Classroom, Calls It The 'Gas Station'

An Atlanta elementary school teacher has created a designated “fart corner” where students can pass gas without leaving class or interrupting lessons, according to NBC.

Second grade teacher Candy Sydney Browning calls the area the “gas station,” while the specific spot is known as the “gusty winds area.” Students can quietly get up, walk to the corner, take care of business and return to their seats without asking permission.

Sydney Browning came up with the idea after noticing that bathroom trips and students reacting to classmates passing gas were taking time away from lessons. She had already started encouraging students to use the restroom before lessons so they would not need to leave as often. Passing gas, however, created another distraction. Students would point fingers, move away from one another and announce who they thought was responsible.

Rather than treating it as something embarrassing, Sydney Browning wanted students to understand that passing gas is simply a normal bodily function. “It’s normal,” she told them. “But you have to excuse yourself.” Creating a specific area gave students a discreet way to do that without stopping the lesson.

They do not need to raise their hands or ask for permission, which means Sydney Browning can continue teaching while the student briefly steps away.

NBC writes that the idea soon became a normal part of classroom life. Sydney Browning said the first student to use the station attracted a few smiles and curious looks from classmates. However, no one pointed fingers or made fun of him, and eventually students stopped paying attention altogether.

“It just became a norm,” she told TODAY. She said the station has become so ordinary that she sometimes forgets it is even there. 

After Browning shared the setup on TikTok, the unusual classroom rule received widespread attention. Thousands of viewers reacted to the idea, with some praising it as a clever way to normalize bodily functions while keeping students focused. Several teachers said they wanted to introduce similar areas in their own classrooms, while others shared that they already had their own versions of a designated fart area.

Not everyone was convinced. Some commenters worried that students who use the corner frequently could feel embarrassed or become targets for teasing. Others questioned whether children could really ignore a classmate walking across the room specifically to pass gas. Sydney Browning believes making the practice routine is exactly what prevents it from becoming a bigger issue. When adults and students stop treating it as something shocking or funny, it becomes less interesting.

Tyler Durden Thu, 08/27/2026 - 19:40
Tyler Durden

Nebraska police captain left toddler in locked vehicle while fishing with partner: cops

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