The Faux Free Speech Warriors Attacking Free Speech -- Part 2

[ancianita]

https://www.techdirt.com/tag/elon-musk/page/2/

Addressing this coordinated assault on free speech requires a multi-pronged approach.
At the legal level, we need two parallel reforms: comprehensive anti-SLAPP protections to counter wealthy actors’ abuse of the courts, and stronger legislative guardrails against government officials using their investigative and regulatory powers to harass critics. The first priority is clear:

What’s urgently needed are robust anti-SLAPP laws, both at the federal level and in states where protections are still weak or nonexistent. Anti-SLAPP laws allow defendants to quickly dismiss lawsuits that are filed with the primary intent of suppressing speech, with legal fees automatically awarded (often with some multiplier) to the defendants. Crucially, they shift the burden of costs onto the plaintiff, deterring frivolous lawsuits and protecting critics from devastating expenses.

Equally crucial is defending existing First Amendment protections against efforts to weaken them. Some powerful figures, including those on the Supreme Court, are actively working to lower the barriers that currently help protect robust public discourse:

The broader legal context also underscores the stakes. Some figures, including Justice Clarence Thomas, have expressed interest in revisiting New York Times Co. v. Sullivan, the landmark Supreme Court case that established strong protections for speech about public figures. Undermining Sullivan would open the floodgates to even more defamation claims, further chilling speech. Anti-SLAPP laws are a critical counterweight to these trends, ensuring that free expression remains protected even as legal challenges multiply.

Perhaps most fundamentally, we need to develop stronger cultural antibodies against this form of censorship.
That starts with consistently calling out these tactics for what they are: coordinated attempts to silence criticism through intimidation, even — or especially — when wrapped in the rhetoric of free speech protection:

But legal reforms alone are not enough. We must also recognize and call out these attacks for what they are: a coordinated censorship campaign. Whether through SLAPPs, state retaliation or regulatory threats, these actions aim to undermine the First Amendment by making the cost of speaking out intolerably high. They are not isolated incidents but part of a broader war on free speech, waged in the name of consolidating unchallenged political power.

The free speech crisis hiding in plain sight isn’t about whether individuals can ever criticize powerful figures — it’s about whether institutions can withstand the pressure to self-censor in the face of legal and political intimidation. Without robust protections like anti-SLAPP laws and a renewed cultural commitment to defending open discourse, the chilling effect will only grow stronger, leaving what’s left of American democracy poorer for it.

More good stuff from MSNBC
https://www.msnbc.com/opinion/msnbc-opinion/trump-elon-musk-free-speech-defamation-censorship-rcna188846