In a groundbreaking lawsuit, conservative media powerhouses The Daily Wire and The Federalist have united with Texas Attorney General Ken Paxton and the New Civil Liberties Alliance to file a civil lawsuit against the U.S. Department of State.
The lawsuit alleges that the State Department, through its Global Engagement Center (GEC), is unconstitutionally intervening in the American news media market, aiming to financially cripple disfavored press outlets through the funding of censorship technology and private censorship enterprises.
The plaintiffs also argue that the GEC's activities infringe upon their First Amendment rights, claiming that the State Department, via organizations like the Global Disinformation Index (GDI) and NewsGuard, lacked the statutory authority to fund tools that allegedly label conservative outlets as "risky."
Newsguard, which rates the “trustworthiness” of news sites and has approximately 40,000 subscribers, is implicated in the lawsuit as a key player in the alleged censorship efforts.
“Media Plaintiffs each face blacklisting, reduced advertising revenue, reduced potential growth, reputational damage, economic cancellation, reduced circulation of reporting and speech, and social media censorship—all as a direct result of the State Department Defendants’ unlawful conduct,” the lawsuit reads.
The legal action highlights concerns about government interference in media and digital censorship leading to reduced revenues and visibility, posing a significant threat to free speech rights.
The case also delves into the historical evolution of the American press, emphasizing its crucial role as a check on government abuses. It traces the media landscape's transformation from the mid-20th century, dominated by a few networks, to the current digital era where online platforms play a pivotal role in news dissemination.
The lawsuit specifically targets the State Department's alleged collaboration with private entities to censor disfavored press and viewpoints, focusing on the new media landscape. The plaintiffs claim that technologies funded and promoted by the State Department intentionally hinder media outlets' ability to attract advertisers and circulate their publications.
The legal action, filed in a federal court located in Tyler, Texas, has been assigned to U.S. District Judge Jeremy Kernodle, who was appointed by former President Donald Trump.
Texas Attorney General Ken Paxton has expressed determination in the success of the legal action.
"This agency will not get away with their illegal campaign to silence citizens and publications they disagree with,” Paxton said, according to Reuters.
Critics argue that NewsGuard's for-profit model, which assigns broad labels to entire news sites, is subjective, potentially influenced by government and corporate interests, and stifles dissenting views, reports Lee Fang.
In May 2021, NewsGuard's pitch to Twitter, revealed in the "Twitter Files," outlined its censorship tool as a "Vaccine Against Misinformation."
The proposed tool, aimed at content moderation teams, would use artificial intelligence and NewsGuard algorithms to screen content based on hashtags and search terms, directing readers only to official government sources for certain issues like COVID-19.
The startup's association with major investors, including the world's largest marketing conglomerate with ties to Pfizer, raises concerns about conflicts of interest and potential suppression of critical reporting.
NewsGuard's ongoing collaboration with the intelligence sector further fuels allegations that it acts as a proxy for government and corporate clients to control online narratives.
The legal action follows a similar lawsuit filed by the leftist blog Consortium News against the U.S. and Newsguard Technologies, raising concerns about government-backed censorship infringing on the First Amendment.
According to Racket News, the lawsuit filed by Consortium News, which was downgraded by Newsguard, alleges the U.S. Department of Defense awarded over $749,000 to Newsguard for assessing media outlets' "reliability" and "trust," leading to accusations of downgrading outlets for alleged "disinformation" and being "anti-U.S."
Racket News called the funding a “censorship end-around."
Consortium News’ lawsuit seeks a permanent injunction against these practices and over $13 million in damages for defamation and civil rights violations.