The Purported USDC Judge Doughty "Order" Enjoining The Government On Social Media... Is A Comical Piece Of Self-Refuting Swiss Cheese Politics.

The Monroe, Louisiana Trump-appointed judge made his actual short form written order public, yesterday. By night-fall, the government had filed a notice of appeal.

The order proves it and the 155 page opinion represent no more than a political manifesto by first listing a "no contact" proscription, and then spending two more later pages saying "well, except for LAWFUL contacts".

In sum, it is so much swiss cheese -- and not even internally consistent. The government may promote its policies, Doughty says, and urge the lawful suppression of dangerously false public health misinformation on the sixth page, even though the fourth page says it may not do so.

It also specifically excludes the government's right to an evidentiary hearing (at page 6) before injunction. That alone is plainly reversible error. No one, public or private, may be summarily enjoined -- without at least a preliminary evidentiary hearing -- a notice and opportunity to be heard.

Yep, this will be stricken on appeal, very shortly (but due to its swiss cheese nature, it has very little real world effect -- other than for GOP fundraising sound-bites).

And the Supremes have already impliedly agreed that pandemic misinformation may be directly suppressed, on social media (it so held while Tangerine was in office, by affirming FDA pronouncements and cease orders). So there's that. Onward, grinning. Now you know.

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