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<figure id="figure-av1tt9qemcm0g2j7he" class=""><iframe id="av1tt9qemcm0g2j7he" src="https://www.youtube.com/embed/_KzpuVcW338" class="w-full bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9;" allowfullscreen="" data-url="https://youtu.be/_KzpuVcW338" data-corners="default" data-fullwidth="false" data-mce-src="https://www.youtube.com/embed/_KzpuVcW338" data-mce-style="aspect-ratio: 16/9;"></iframe></figure><p><strong>Key Takeaways:</strong><br>• &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;The Scope Act’s broad definitions and sweeping requirements could lead to unintended censorship of constitutionally protected speech.</p><p>• &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Historical misuse of new technologies as societal threats often leads to overzealous policy-making that infringes on free speech rights.</p><p>• &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;Effective measures to protect minors online should focus on empowering parents and educating users rather than imposing state-mandated content restrictions.</p><p><strong>Protecting Free Speech from Digital Overreach: Unpacking the Implications of Texas’s SCOPE Act (HB 19)</strong></p><p>The recently passed Texas Scope Act and its far-reaching implications on free speech have ignited debates around the balance between protecting minors online and preserving constitutional rights. Seeing Red host Garrett Fulce invited David Rubin of the <a data-mce-href="http://www.thefire.org" href="http://www.thefire.org">Foundation for Individual Rights and Expression (FIRE)</a>&nbsp; to talk about the SCOPE Act’s provisions risk overstepping and inadvertently quelling protected speech across digital platforms.</p><p>Rubin explains, “The SCOPE Act places a duty on platforms to hide certain types of harmful content from minor users. The broad list of content includes anything that ‘promotes, glorifies, or facilitates’ various forms of behavior such as self-harm, substance abuse, and bullying.”</p><p>Such requirements could lead to sweeping censorship and impose significant barriers on adult access to protected speech. The use of vague and expansive terms creates uncertainty, potentially resulting in platforms excessively restricting content to ensure compliance.</p><p>In the context of SCOTUS precedent, Rubin points to a trend: “Free speech case law at the Supreme Court has generally been protective of the First Amendment. Yet, whenever new technology emerges, a wave of protective legislative actions often follows.”</p><p>This historical misstep underlines the significance of approaching new regulations with measured caution, to avoid repeating past errors that curbed free speech in attempts to address societal concerns.</p><p><strong>The Inherent Risks of Broad Legislative Mandates on Digital Content</strong><br></p><p>One of the most pressing issues with the SCOPE Act is its vague definitions, which pose the risk of extensive censorship of constitutionally protected speech. The Act mandates that platforms verify users’ ages and restrict access to what it deems harmful content—a requirement that has wide-ranging consequences.</p><p>Rubin emphasizes, “The SCOPE Act’s requirement for age verification and content tracking places considerable burdens on platforms. Because any non-compliance is treated as a violation of Texas consumer protection laws, platforms might err on the side of excess caution, potentially leading to widespread content restrictions.”</p><p>This over-cautious approach might lead platforms to restrict not only the content that fits the Act’s vague harmful criteria but also other categories due to uncertainty and fear of legal repercussions—resulting in a chilling effect on free speech. Rubin’s concern about the implications for content creators directly ties into this: “The classic chilling effect is where individuals self-censor to avoid potential legal issues, meaning lawful and valuable discourse gets stifled.”</p><p><strong>The Need for Clear Standards to Differentiate Protected Speech<br><br></strong>Fulce touched upon the importance of providing clear standards, questioning how content glorifying harmful behavior might be judged and whether it’s possible to define this legally without infringing on protected speech. Rubin explains, “The SCOPE Act does not specify what’s obscene for a 17-year-old versus a 10-year-old. This could lead platforms to assume content fit for the youngest users, thereby broadening the definition of what is considered obscene for older minors.”</p><p>This broad application stands contrary to the focused, narrowly tailored laws needed to withstand strict scrutiny. Strict scrutiny requires that any content-based restriction be narrowly tailored to serve a compelling government interest, a standard that the SCOPE Act may likely fail to meet in its current form.</p><p><strong>Pathways to Protecting Minors While Upholding Free Speech<br><br></strong>Recognizing the valid impulse toprotect minors, Rubin and Fulce discussed viable alternatives that do not infringe upon First Amendment rights. Rubin suggests, “Before leveraging state power for broad restrictions, it’s crucial to look at the tools available that allow parents and guardians to make decisions about their children’s online interactions.”</p><p>Today’s platforms already offer numerous parental control tools, enabling content filtering and monitoring. States like New Jersey have initiated educational programs integrating social media use and its implications into the K-12 curriculum, thus empowering parents and minors with knowledge to navigate online environments responsibly.</p><p>Rubin succinctly articulates, “Education before enforcement is usually a pretty good way to think about things.” This philosophy encourages proactive engagement rather than punitive oversight, fostering a more informed and resilient digital society.</p><p><strong>Broader Implications and Vigilance for Digital Rights<br><br></strong>The evolving landscape of free speech rights vis-à-vis digital regulations continues to demand vigilant oversight and robust debate. The discourse around the SCOPE Act reveals deeper issues, including the potential for state overreach and the necessity for narrowly tailored legal frameworks that respect constitutional protections.</p><p>Rubin asserts, “These platforms are so expansive that any broad legislative mandate can inadvertently affect not only children but also adult access to constitutionally protected materials.” Ensuring digital rights in tandem with safeguarding minors involves a balanced approach that prioritizes education and empowerment.</p><p>As legal debates unfold and technological advancements continue to emerge, a measured understanding of historical precedents and contemporary challenges remains crucial. The conversations highlighted in the Seeing Red Podcast underscore the ongoing need for policies that respect free speech while addressing the nuanced demands of digital content regulation.</p><p><a data-mce-href="x.com/theseeingredpod" href="x.com/theseeingredpod">Like</a> and <a data-mce-href="youtube.com/channel/@theseeingredpod" href="youtube.com/channel/@theseeingredpod">subscribe</a>﻿</p><figure id="figure-87ktpl6d9sm0g6qhjg"><img id="87ktpl6d9sm0g6qhjg" src="https://media.gettyimages.com/id/2151691421/photo/focused-entrepreneur-with-hand-on-chin-listening-over-online-meeting-on-digital-tablet-in-city.jpg?b=1&s=2048x2048&w=0&k=20&c=LuoHnBIvJpm33Iq5DfEIapBRok2I5IucAlEhmg-kaf8=" alt="Focused entrepreneur with hand on chin listening over online meeting on digital tablet in city" title="Focused entrepreneur with hand on chin listening over online meeting on digital tablet in city" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9; object-position: center center;" data-corners="default" data-aspect="16:9" data-caption="" data-positionX="undefined" data-positionY="undefined" data-fullWidth="false"/></figure>

S2E3: CHILLING! Texas is About to DESTROY Social Media and YouTube w/ David Rubin from FIRE(Video Podcast)

<figure id="figure-yevqbv1tvlu9c7bgr" data-full-width="" class=""><iframe id="yevqbv1tvlu9c7bgr" src="https://www.youtube.com/embed/Klr0mmzXUVw" class="w-full bg-gray-100 rounded-2xl md:rounded-3xl lg:rounded-4xl" style="aspect-ratio: 16/9;" allowfullscreen="" data-url="https://youtu.be/Klr0mmzXUVw" data-corners="large" data-fullwidth="true" data-mce-src="https://www.youtube.com/embed/Klr0mmzXUVw" data-mce-style="aspect-ratio: 16/9;"></iframe></figure><p>In this week’s episode of 'Seeing Red,' hosts Andi Turner and Garrett Fulce welcome Representative Cole Hefner to dive deep into the intricacies of Texas politics. The discussion is rich with insights into recent primary outcomes, legislative successes, and house dynamics pertaining to the conservative movement in Texas. Listeners are in for a treat as Hefner shares his on-ground experiences and reflections on policy-making in the Lone Star State.<br><br> Following a victorious primary, Representative Hefner discusses his overwhelming support in East Texas and responds to various political movements within the state, highlighting the importance of honest and constructive actions in politics. The conversation transitions to the pressing issues of party roles, election integrity, and balancing representing local constituents and engaging with broader state initiatives.&nbsp;</p><figure id="figure-6i9jd147nwlu9cs6sf"><img id="6i9jd147nwlu9cs6sf" src="https://images.unsplash.com/photo-1636319646174-bb7692441667?crop=entropy&cs=tinysrgb&fit=max&fm=jpg&ixid=M3wyNjI5NjF8MHwxfHNlYXJjaHwxOHx8RGVsdGElMjBCcmlkZ2V8ZW58MHx8fHwxNzExNTE2NTk3fDA&ixlib=rb-4.0.3&q=80&w=1080" alt="Anello della Donzella 9" title="Anello della Donzella 9" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9; object-position: center center;" data-corners="default" data-aspect="16:9" data-caption="" data-positionX="undefined" data-positionY="undefined" data-fullWidth="false"/></figure>

Episode 30: Run-Offs and the RPT w/ Rep. Cole Hefner

<div class="CodeMirror-scroll" data-mce-tabindex="-1"><div class="CodeMirror-sizer"><div class="CodeMirror-lines" role="presentation"><div role="presentation"><div class="CodeMirror-code" role="presentation" contenteditable="true" spellcheck="true" data-mce-tabindex="0"><p><a data-mce-href="https://www.buzzsprout.com/1867695/13398482" href="https://www.buzzsprout.com/1867695/13398482" target="_blank" rel="noopener" data-mce-selected="inline-boundary"><span style="font-family: inherit; font-size: 18px; font-weight: inherit;" data-mce-style="font-family: inherit; font-size: 18px; font-weight: inherit;">﻿Listen to the episode here!</span></a></p></div></div></div></div></div><div class="editor-preview-full editor-preview editor-preview-active editor-preview-active"><h2 id="the-texas-impeachment-trial-understanding-the-rules">The Texas Impeachment Trial: Understanding the Rules</h2><p>The impeachment trial of Attorney General Ken Paxton is set to begin on September 5th, and it's crucial to understand the rules that will govern this legislative trial. Unlike a criminal or civil trial, the impeachment process is a unique mechanism designed by the Founding Fathers to remove officials who have committed high crimes or misdemeanors. In the case of Texas, the House of Representatives holds the power of impeachment, while the Senate acts as the jury.</p><p>The trial will follow a similar structure to traditional trials, with the presiding officer being Lieutenant Governor Dan Patrick. The House Board of Managers, consisting of seven Republicans and five Democrats, will serve as the prosecution. The defense will be represented by Attorney General Paxton or his attorney. It's important to note that this trial is not a criminal trial, and the outcome will not result in jail time for Paxton. However, if any articles of impeachment are sustained by a two-thirds majority vote, Paxton will be removed from office for the remainder of his term.</p><h2 id="the-implications-of-the-impeachment-trial">The Implications of the Impeachment Trial</h2><p>The impeachment trial of Attorney General Ken Paxton carries significant implications for Texas politics. It is a rare event that highlights the accountability of elected officials and the power of the legislative branch. The outcome of this trial will shape the future of the Attorney General's office and set a precedent for future impeachments in the state.</p><p>One key aspect to watch during the trial is the motion to dismiss articles of impeachment. Before any evidence is presented, a simple majority vote is required to dismiss an article. However, after the evidence has been laid out, it only takes eleven votes to get rid of an article of impeachment by not voting to sustain it. This threshold change emphasizes the importance of the evidence presented and allows the Senators to make informed decisions based on the facts.</p><h2 id="the-controversial-actions-of-attorney-general-ken-paxton">The Controversial Actions of Attorney General Ken Paxton</h2><p>While the impeachment trial is grabbing headlines, Attorney General Ken Paxton is also facing criticism for his office's handling of a recent case. The case involves a prison guard, Salia Issa, who experienced a miscarriage due to the negligence of her supervisors. Despite being seven months pregnant and in distress, Issa was denied permission to leave her post, resulting in a tragic outcome.</p><p>The controversy arises from the argument put forth by Paxton's office that the state is not liable to pay for the prison guard's miscarriage. The office claims that the fetus is not considered viable under the 14th Amendment, thereby absolving the state of any responsibility. This stance contradicts Paxton's previous advocacy for the right to life and raises questions about his commitment to defending the preborn.</p><p>The implications of this case go beyond the specific incident. It calls into question the integrity and consistency of Paxton's stance on pro-life issues. By arguing against the state's liability in a case involving the loss of a preborn child, Paxton undermines his credibility as a defender of life and opens himself up to criticism from both sides of the political spectrum.</p><h2 id="the-future-outlook">The Future Outlook</h2><p>As the impeachment trial of Attorney General Ken Paxton unfolds and the controversy surrounding his office's actions continues, the future outlook remains uncertain. The trial will provide a platform for accountability and transparency, allowing the public to witness the proceedings and make informed judgments. The outcome of the trial will shape the political landscape in Texas and potentially impact future impeachments.</p><p>In the case of the prison guard's miscarriage, the resolution of the lawsuit will determine the state's responsibility and set a precedent for similar cases. The public scrutiny surrounding this case may force Paxton's office to reconsider its argument and potentially settle the lawsuit to avoid further damage to his reputation.</p><p>Overall, the impeachment trial and the controversy surrounding Paxton's office highlight the importance of holding elected officials accountable and the need for consistency in their actions. The outcome of these events will shape the future of Texas politics and have far-reaching implications for the state and its citizens.</p><p>In conclusion, the Texas impeachment trial of Attorney General Ken Paxton and the controversial actions of his office have sparked intense debate and scrutiny. The rules governing the trial, the implications of the trial's outcome, and the controversy surrounding Paxton's stance on pro-life issues all contribute to a complex and evolving political landscape. As the trial progresses and the case unfolds, it is essential for the public to stay informed and engaged in the democratic process. Only through active participation can we ensure accountability and uphold the values that define our great state of Texas.</p></div>

Episodes

S2E3: CHILLING! Texas is About to DESTROY Social Media an...

Episode 30: Run-Offs and the RPT w/ Rep. Cole Hefner

Seeing Red Episode 3: The Rules of Ken Paxton's Impeachme...