Sunday in Whitewater will be overcast with a high of twenty-seven. Sunrise is 7:24 AM and sunset 4:41 PM, for 9h 17m 32s of daytime. The moon is a waning crescent with 9% of its visible disk illuminated.
On this day in 1927, Fritz Lang’s futuristic film Metropolis is released in Germany.
Recommended for reading in full —
Adam Liptak reports Can Twitter Legally Bar Trump? The First Amendment Says Yes:
When Simon & Schuster canceled its plans this week to publish Senator Josh Hawley’s book, he called the action “a direct assault on the First Amendment.”
And when Twitter permanently banned President Trump’s account on Friday, his family and his supporters said similar things. “We are living Orwell’s 1984,” Donald Trump Jr. said — on Twitter. “Free-speech no longer exists in America.”
The companies’ decisions may have been unwise, scholars who study the First Amendment said, but they were perfectly lawful. That is because the First Amendment prohibits government censorship and does not apply to decisions made by private businesses.
It is certainly possible to violate the values embodied in the First Amendment without violating the First Amendment itself. But the basic legal question could hardly be more straightforward, said RonNell Andersen Jones, a law professor at the University of Utah. And, she said, it should not have been lost on Mr. Hawley, who graduated from Yale Law School and served as a law clerk to Chief Justice John G. Roberts Jr.
“It’s become popular — even among those who plainly know better — to label all matters restricting anyone’s speech as a ‘First Amendment issue,’” she said. “But the First Amendment limits only government actors, and neither a social media company nor a book publisher is the government. Indeed, they enjoy their own First Amendment rights not to have the government require them to associate with speech when they prefer not to do so.”
Mark Cuban explained the rights of private publishers in a free society to Sen. Hawley after the cancelation of Hawley’s book deal:
Josh, let me explain Capitalism to you. Sometimes people decide not to do business with you. It’s their decision. You know the whole “No Shoes, No Shirt, No Service” thing? In your case it happens to be “No Principles, No Honesty, No Book” thing. Feel free to Self-Publish.
Maggie Haberman and Michael Schmidt report Trump has not lowered flags in honor of an officer who died from injuries sustained amid the riot:
President Trump has not ordered the flags on federal buildings to fly at half-staff in honor of Brian D. Sicknick, a police officer who was killed after trying to fend off pro-Trump loyalists during the siege at the Capitol on Wednesday.
While the flags at the Capitol have been lowered, Mr. Trump has not issued a similar order for federal buildings under his control. A White House spokeswoman did not respond to a request for comment.
Mr. Sicknick, 42, an officer for the Capitol Police, died on Thursday from brain injuries he sustained after Trump loyalists who overtook the complex struck him in the head with a fire extinguisher, according to two law enforcement officials. Hours earlier, addressing supporters at a rally steps from the White House, Mr. Trump denounced the 2020 election as stolen from him and instructed them to march “peacefully” to the Capitol while also repeatedly noting that his side needed to “fight.”
Mr. Trump has not reached out to Mr. Sicknick’s family, although Vice President Mike Pence called to offer condolences, an aide to Mr. Pence said.