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Day: July 3, 2024

NetChoice Cases: The First Amendment a back-to-back champ at the Supreme Court

WASHINGTON, D.C. – The First Amendment is a back-to-back champ.

In an opinion delivered on Monday, the nation’s highest court sent back two separate cases brought by industry association NetChoice and other parties against the states of both Texas and Florida for their recent social media laws.

These laws tied the hands of social media companies by not allowing them to moderate the content on their platforms, which would have First Amendment implications.

Yaël Ossowski, deputy director of the consumer advocacy group Consumer Choice Center, responds:

“The issues of social media censorship and jawboning by government agencies are both legitimate and concerning for citizens and online users across the country. Thankfully, however, the Supreme Court recognized that the lawsuits concerning laws passed by both Texas and Florida have not done a proper evaluation of the First Amendment applications and protections afforded to social media companies as well as users,” said Ossowski.

“While this battle will rage on, it is clear that the First Amendment is a clear back-to-back winner in the courts, and we as Internet users and consumers are better off as a result. We are all concerned about getting booted or censored on social media, but it is not by tying the hands of social media networks and forcing them to carry certain information or profiles that we will achieve freer speech online,” added Ossowski.

“Inviting the government to weigh in on content decisions made by private Internet companies is an obvious path to abuse, and one that the NetChoice cases demonstrate rather well. We hope these cases in the lower courts are reconsidered with good faith for the protections that the First Amendment offers while remaining cautious of yet more state regulation of what happens on the Internet.

“The future of free speech online and the First Amendment depend on rejecting overly broad state laws that force content decisions that undermind Section 230,” concluded Ossowski.


About the Consumer Choice Center:

The Consumer Choice Center is a non-profit organization dedicated to defending the rights of consumers around the world. Our mission is to promote freedom of choice, healthy competition, and evidence-based policies that benefit consumers. We work to ensure that consumers have access to a variety of quality products and services and can make informed decisions about their lifestyle and consumption. 

Find out more at www.consumerchoicecenter.org

Major rush hour disruption after three Tube lines hit by suspensions

Passengers have been hit by major disruption across London on theUnderground, Overground and services to Heathrow Airport.

All trains between Heathrow and central London have been suspended for ‘tunnel safety reasons,’ and disruption is set to last into the evening, National Rail warned.

Holidaymakers travelling on the Elizabeth line and Heathrow Express have been affected by severe disruption to and from the airport since this morning. 

Fred Roeder, managing director of Consumer Choice Center, landed from Dubai at Heathrow Terminal 3 today for a work trip to find the transport links in disarray. 

The ex-Londoner claimed there were no announcements to warn passengers in Terminal 3 about the Heathrow Express and Elizabeth line problems. 

He told Metro.co.uk there were ‘no visible or bearable announcements’ within the terminal at the busy airport. 

‘Piccadilly line was then of course crazy crowded. Not a good look during Wimbledon and the AC/DC concert.’

Read the full text here

Outrage over outage: Online banking users call for better communication, security

KUALA LUMPUR: Users are overwhelmingly frustrated by the frequent online banking services outages and demand stronger security measures and clearer communication from financial institutions (FIs).

Industry observers believe the recent disruptions in online banking services by two of Malaysia’s largest banks call for more proactive security measures and transparent communication strategies from FIs.

Consumers Association of Penang (CAP) president Mohideen Abdul Kader said FIs often have a “kill switch”, a security feature that allows account holders to instantly block their internet banking access, accounts and cards if they suspect they are victims of a scam or that their login credentials have been compromised.

“Some FIs also offer a temporary kill switch to deactivate credit cards when they are not in use. FIs should display a message if there is an outage or anything concerning online services to prevent unnecessary worry for their customers, who might otherwise fear that their devices have been compromised,” he added.

Read the full text here

Consumers should applaud SCOTUS’s opinion on Jarkesy restoring civil rights to those pursued by administrative agencies

WASHINGTON, D.C. – Late last week, the U.S. Supreme Court delivered another magnanimous opinion in a lawsuit concerning the rights of citizens subject to enforcement action by federal agencies.

In SEC v. Jarkesy, it was held that any person held liable for civil penalties by an administrative agency is afforded the right of a jury trial – as stipulated by the Seventh Amendment – to have those claims heard in court.

Yaël Ossowski, deputy director of the consumer advocacy group Consumer Choice Center, responds:

“Along with the bombshell ruling of the Supreme Court reversing Chevron deference, the court’s opinion in SEC v. Jarkesy helps put administrative agencies in check and to ensure that individuals, firms, and organizations that find themselves the target of enforcement actions can have those accusations heard in a court of law,” said Ossowski.

“As we’ve seen too often with Commissioner Gary Gensler’s Securities and Exchange Commission, too many innovative cryptocurrency companies that offer great services for consumers have had their fates decided for them by unaccountable actions that have been nearly impossible to counter without a fair and balanced hearing before a judge.

“It’s a relief to see the Supreme Court come out strongly against administrative law judges and agencies that have abused American businesses and their many consumers. Time and time again, these judges, appointed and hired by agencies, including the Securities and Exchange Commission, Federal Trade Commission, and Department of Labor, have ruled in manners that are inconsistent with existing law and common sense — often enriching large corporations at the expense of everyone else.

“By reaffirming that the Seventh Amendment to the U.S. Constitution affords the American people the right to a trial by jury, the Supreme Court confirmed what we have all known for decades: the use of in-house administrative law judges typically violates judicial and statutory norms. We look forward to seeing how Jarkesy limits the use and power of ALJs within the SEC, FTC, DOL, and other agencies so that every American business and consumer can receive the fair legal proceedings they are entitled to,” concludes Ossowski.

The Consumer Choice Center firmly believes that this decision will lead to a more transparent, fair, and accountable regulatory process, benefiting consumers by preventing the kind of overreach that reduces choices, raises prices, and squashes innovation.


About the Consumer Choice Center:

The Consumer Choice Center is a non-profit organization dedicated to defending the rights of consumers around the world. Our mission is to promote freedom of choice, healthy competition, and evidence-based policies that benefit consumers. We work to ensure that consumers have access to a variety of quality products and services and can make informed decisions about their lifestyle and consumption. 

Find out more at www.consumerchoicecenter.org

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