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For good reason, much attention was devoted to the Supreme Court’s oral arguments on Monday, over government pressure on social media companies to suppress speech that officialdom doesn’t like. The same day, though, justices heard arguments in another important case involving free speech principles violated when New York officials leaned on financial institutions to deny services to the National Rifle Association. Importantly, both cases involved “jawboning,” the use by government of threats to improperly coerce compliance.

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Δ When Communication Becomes Coercion

As Reason’s Jacob Sullum ably summarizes, arguments in Murthy v. Missouri involve “dueling interpretations of the Biden administration’s interactions with social media platforms regarding content it viewed as dangerous to public health, democracy, or national security,” with plaintiffs arguing that “those private contacts, combined with public statements condemning the platforms’ failure to suppress ‘misinformation,’ amounted to government-directed censorship.”

At stake is the point at which efforts to persuade private companies they ought not offer platforms to certain speakers morph into “nice business you got there; it’d be a shame if something happened to it.” Did officials cross the line when they badgered tech firms to muzzle voices skeptical of lockdowns, COVID vaccinations, and election integrity? If you’ve followed the Twitter and Facebook Files, you know there’s significant evidence they did, though it remains to be seen if Supreme Court justices agree.

Remarkably, the evidence of improper strong-arming appears even clearer in National Rifle Association of America v. Vullo. In that case, the NRA, joined by the ACLU, alleges that Maria Vullo, former Superintendent of the New York State Department of Financial Services, abused the power of her position to punish the gun rights organization for its political positions.

“Vullo met with executives at Lloyd’s of London to discuss her views on gun control and to tell them she believed the company’s underwriting of NRA-endorsed insurance policies raised regulatory issues,” according to Abby Smith of the Foundation for Individual Rights and Expression (FIRE). “She told them Lloyd’s could ‘avoid liability’but only if the company told its syndicates to stop underwriting their insurance policies, and joined her agency’s ‘campaign against gun groups.'”

There was nothing subtle about the arm-twisting. In 2018 I wrote about guidance letters New York regulators sent to banks and insurance companies, at the behest of then-Gov. Andrew Cuomo, cautioning “regulated institutions to review any relationships they have with the NRA or similar gun promotion organizations, and to take prompt actions to managing these risks and promote public health and safety.” Given that insurance companies and banks are tightly regulated and operate largely at the pleasure of state officials, this would logically be interpreted as a threat. Subsequently, banks and insurance companies alike cut ties with the NRA.

“New York, if these facts are true, tried to circumvent the First Amendment’s ban on censorship by relying on this informal pressure campaign,” noted FIRE’s Smith. “But informal censorship violates the First Amendment, too.” Extra-Legal Threats Violate Individual Rights Protections, Say the Courts

Such informal censorship is known as “jawboning” since, as the Cato Institute’s Will Duffield wrote in 2022, it involves “bullying, threatening, and cajoling” in the place of formal legal action.

“Jawboning occurs when a government official threatens to use his or her powerbe it the power to prosecute, regulate, or legislateto compel someone to take actions that the state official cannot,” observed Duffield. “Jawboning is dangerous because it allows government officials to assume powers not granted to them by law.”

Despite formal protections for individual liberties, such as the First Amendment, the vast regulatory power wielded by government agencies in the United States is easily weaponized against people who don’t do the government’s bidding. Such abuses aren’t hypothetical but are a matter of public record already addressed by the courts.

“People do not lightly disregard public officers’ thinly veiled threats to institute criminal proceedings against them if they do not come around,” the U.S. Supreme Court recognized in Bantam Books v. Sullivan (1963). That case involved Rhode Island officials hassling booksellers to refrain from stocking allegedly obscene publications. The implied threats and constant nagging of booksellers by state officials “was in fact a scheme of state censorship effectuated by extra-legal sanctions,” ruled the court.

Does “a scheme of state censorship effectuated by extra-legal sanctions” better describe the situation in the Murthy case or in the NRA case? Well, Monday was a twofer day, so why not both? A Strong Case Against New York’s Jawboning

In truth, New York regulators’ threats to insurance companies and banks that do business with the NRA and other gun groups were so overt that even commenters hostile to the NRA and self-defense rights concede that state officials went way over the line.

“Every now and then, the Supreme Court takes up a case involving a public official who acted so foolishly…that you wish the justices could each take turns smacking them upside the head,” Vox’s Ian Millhiser, no fan of the NRA, conceded last November. “National Rifle Association v. Vullo, which the Court announced that it would hear last Friday, is such a case.”

And so far, while it’s uncertain which way the justices will jump in Murthy, the court seems inclined to agree that it’s impermissible for government officials to use regulatory threats to coerce financial firms into cutting ties with disfavored political organizations.

“The Supreme Court on Monday appeared sympathetic to the National Rifle Association’s claim that a New York official violated the group’s right to freedom of speech when she urged banks and insurance companies that worked with the NRA to cut ties with the group,” SCOTUSblog’s Amy Howe concluded. ACLU Legal Director David Cole “closed by telling the justices that ‘the notion that this is business as usual, for a government official to speak with a private party and say we’ll go easy on you if you aid my campaign to weaken the NRA. That is not business as usual. That is not ordinary plea negotiation.’ Although it was not entirely clear, a majority of the justices seemed to agree with him.”

With government reaching ever further into American life, it’s time the court reminds officials, once again, that their intrusive powers aren’t supposed to be used to bypass protections for individual rights.

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US

US Army 250th anniversary parade taking place in Washington – watch live

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US Army 250th anniversary parade taking place in Washington - watch live

A parade marking the US Army’s 250th anniversary – and President Trump’s 79th birthday – is under way.

You can watch the event in the livestream above.

President Trump said it was going to be a “big day” and admitted: “We want to show off a little bit.”

Today is the first time in more than 30 years that tanks have rolled through the US capital.

Officials have estimated around 200,000 people could turn out, including protesters, plus 6,600 soldiers, 150 vehicles and 50 aircraft.

However, it appears far fewer have turned out – possibly due to the poor weather – and the president has warned any protesters who interfere “will be met with very big force”.

Soldiers march past the viewing podium in Washington. Pic: AP
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Pic: AP

Soldiers from the 82nd Airborne Division, dress in World War II era uniforms. Pic: AP
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Pic: AP

President Donald Trump and first lady Melania Trump. Pic: AP
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Pic: AP

A child waves as a tank passed. Pic: Reuters
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Pic: Reuters

Mr Trump is watching alongside the first lady and defence secretary as troops and military hardware file past – accompanied at times by up tempo rock music.

The event started half an hour early due to forecasted heavy rain, with cloud forcing the cancellation of a flypast by fighter jets.

Helicopters such as Apaches, Chinooks and Black Hawks are still taking part however.

Donald Trump, Pete Hegseth and first lady Melania Trump gesture while they listen to the anthem. Pic: Reuters
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Pic: Reuters

Military parachutists give off red smoke as they descend. Pic: Reuters
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Pic: Reuters

A soldier makes a heart symbol with his hands. Pic: Reuters
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Pic: Reuters

Military parachutists from the Golden Knights began the parade by swooping in, and some of the soldiers are parading in historic uniforms, complete with horses and wagons.

Vehicles from the Second World War era are also taking part.

President Trump stood and saluted many of the passing soldiers. He is said to have got the idea for the parade after being impressed with France’s Bastille Day celebrations during a visit in 2017.

Metal plates have been put down on some of Washington’s streets to protect the tarmac against the heaviest tanks – the 60-ton M1 Abrams.

Even so, the US Army has set aside several million dollars in case of any damage.

The last time such a major display took place in the US was 1991 when tanks and troops paraded to celebrate the ousting of Saddam Hussein’s army from Kuwait.

A child waves as a tank passed. Pic: Reuters
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Pic: Reuters

People ride in a tank. Pic: Reuters
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Pic: Reuters

Soldiers in period-style uniforms. Pic: Reuters
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Pic: Reuters

The event has been criticised by some for being something more associated with a dictatorial regime such as Russia or North Korea.

An estimated cost as high as $45m (£33.33m) has also raised eyebrows given the administration’s efforts to slash the budget of many federal departments.

Among the critics is California governor Gavin Newsom, who has been trading barbs with Mr Trump since the outbreak of riots in LA.

“And we all know, this Saturday, he’s ordering our American heroes – the United States military – forcing them to put on a vulgar display to celebrate his birthday, just as other failed dictators have done in the past,” he said.

President Trump raises his fist as a tank passes. Pic: AP
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Pic: AP

A tank and soldiers. Pic: Reuters
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Pic: Reuters

A period era brass band marches past playing trumpets. Pic: Reuters
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Pic: Reuters

The show of military might also comes as more than 1,500 protests against the Trump administration, organised under the slogan ‘No Kings’, have been planned across the US on Saturday.

Los Angeles is the scene of one demonstration, with police firing tear gas to disperse people and US Marines stationed outside the city’s federal building.

Tension is high in America’s second-biggest city after recent raids by immigration officers sparked unrest this week.

People hold Mexican flags during a No Kings Day protest against Trump's policies in LA. Pic: Reuters
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Pic: Reuters

People run from tear gas in LA. Pic: Reuters
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Tear gas was fired on the streets of LA. Pic: Reuters

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Politics

Bitcoin must upgrade or fall victim to quantum computing in 5 years

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Bitcoin must upgrade or fall victim to quantum computing in 5 years

Bitcoin must upgrade or fall victim to quantum computing in 5 years

Unless Bitcoin upgrades its core cryptography in the next five years, the trust it has built over 16 years could be wiped out by a single quantum attack. Urgent upgrades are needed to protect the world’s leading cryptocurrency.

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UK

Air India plane crash victim’s son says he’ll relive his mother’s last moments ‘to the day I die’

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Air India plane crash victim's son says he'll relive his mother's last moments 'to the day I die'

The son of an Air India plane crash victim, who was sitting one row behind the man who survived, has told Sky News he will relive “her last moments” until the day he dies.

Manju Mahesh Patel, 79, was on the London Gatwick-bound plane when it crashed in Ahmedabad shortly after take-off on Thursday.

She was sitting in seat 12D on flight AI 171, the row behind the only person to survive the crash who was sitting in 11A.

In an interview with Sky News, Chirag Mahesh Patel, Manju’s son, said he hopes his mother’s death was “instant” and “painless”.

“To the day I die I will think, ‘what were her last moments?’,” he said.

Pointing to a framed family photograph of Ms Patel at the family home, he added: “I want to remember mum like this.

More on India

“I don’t want to have to go and identify a burnt corpse, your own parent. How does someone, how do you ever get over that? That will be with me, that’s with me for life.”

Ms Patel had been staying in Ahmedabad for the past few months doing charity work at a temple. She was due to be picked up by her son at Gatwick on Thursday night.

The family say they want to remember Manju like this
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A family photo of Chirag Mahesh Patel with his mother

Read more on Air India crash:
Air India’s lone survivor is nothing short of miracle

Gloucester family among dead
Everything we know about the crash

In tears, Mr Patel described his mother as “very strong” and a woman “who really loved her family”.

“The thing about my mum,” he said, “is her bond with her faith. It’s unbreakable.

“She had ultimate faith… and in times of stress she would always say God’s name… So, I know that upon take-off, I know that she was saying his name.”

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What could have caused the India plane crash?

Mr Patel said that when he realised his mother was on the flight it was just “a normal day” and “it didn’t seem real”.

He said the last time he had spoken to her he had reminded her to take her diabetes medicine and had then missed a call from her at 4am to say she had arrived at the airport.

He described “the most heartbreaking thing” was how much Ms Patel was looking forward to seeing her grandchildren, saying “it was everything to her”.

She had told him she packed her suitcase with lollipops for her six-year-old grandson, and special crisps for her 15-year-old older grandchild.

Manju with her six-year-old grandson
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Ms Patel with her six-year-old grandson

“It’s unimaginable even in my worst nightmare,” he said. “And the thing that kills me… is she was so looking forward to seeing us… she kept saying I bought this for you, I bought that, I bought the things for the kids.”

Mr Patel and his wife are due to fly to India on Saturday night to provide a DNA sample to help identify his mother’s remains.

He expressed his anger at what he called a “disgusting” and “appalling” lack of communication from Air India – which he said passed his details to a hospital but never contacted him personally.

He described feeling “neglected” by the airline, which he said would only offer him an Air India flight – and no help organising accommodation.

Mr Patel said he refused to get on the Gatwick flight back to Ahmedabad and has booked with another provider to travel to India instead.

Manju with her elder grandchild
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Ms Patel with her elder grandchild

“I said [to the airline] all of this happened on Thursday, you’re telling me on Friday afternoon, do you want that flight this evening? That one crashed? The one coming back where 172 goes out? They asked do you want Air India 172? I said how can you ask me that. My mum just died on Air India.”

Mr Patel said he wanted “answers” and transparency in any air accident investigation.

Air India said in a statement: “Air India stands in solidarity with the families of the passengers who tragically lost their lives in the recent accident. Our teams on the ground are doing everything possible to extend care and support during this incredibly difficult time.

“As part of our continued efforts, Air India will be providing an interim payment of ₹25 lakh or approximately £21,000 each to the families of the deceased and to the survivor, to help address immediate financial needs. This is in addition to the ₹1 crore or approximately £85,000 support already announced by Tata Sons.

“All of us at Air India are deeply saddened by this loss. We mourn with the families, loved ones, and everyone affected.”

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Families in India wait for bodies of relatives

The company’s chief executive and managing director Campbell Wilson said in a video message posted on social media that over 200 “trained caregivers” were now in place to offer dedicated assistance to families, along with counselling and other services.

He said Air India was in the process of completing precautionary safety checks on Boeing 787 aircraft as directed by regulator the Directorate General of Civil Aviation (DGCA), which would “be completed within the timelines prescribed by the regulator”.

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Mr Wilson said he had also visited the crash site and said other members of the management team would remain present “for as long as it takes”.

The aircraft’s data recorder, often referred to as a black box, has been recovered and will form part of the investigation into the worst aviation crash in a decade.

‘He was too young’: Families grieve those lost in Air India crash

By Lisa Dowd, Midlands correspondent, in Derby

It was an emotional service at Derby’s Geeta Bhawan Hindu temple, as dozens of friends, colleagues and neighbours gathered to remember Dr Prateek Joshi, his wife Komi, their daughter Miraya, and twin sons Nakul and Pradyut.

Some wiped tears from their eyes, as a colleague was asked spontaneously to pay tribute to Dr Joshi, who had been bringing his family to live in the city, when the Air India flight they were on crashed seconds after take-off.

People cry at Geeta Bhawan Hindu temple during a service in Derby for Dr Prateek Joshi, his wife Komi, their daughter and twin sons

“He was too young, too much still to give, too much still to be done, too much to offer,” his friend told worshippers.

“He was taken from us in a very cruel and abrupt way, and his family as well, and we all think about his family back in India who is missing a son, missing a daughter-in-law and missing all their grandchildren who they’ll never see growing up.”

Derby South MP Catherine Atkinson said Dr Joshi, who was a radiologist at the Royal Derby hospital, had been “contributing to our NHS and the health of so many in our city and beyond”.

She said his wife was a pathologist who had resigned from her job in India.

“I won’t forget the photograph of them on the plane, full of optimism about their new adventure,” she said, as her voice broke.

“The losses make us all hug our families and loved ones a little closer and remind us how precious our time together is.”

A tribute to Dr Prateek Joshi, his wife Komi, their daughter Miraya, and twin sons Nakul and Pradyut, at Geeta Bhawan Hindu temple in Derby

Dr Joshi was described as a “warm, smiling man, full of joy” who enjoyed walking in the Peak District and who had discovered “a love of fish and chips”.

His neighbour and colleague Manoj Ramtohal told Sky News Dr Joshi always had time for people.

“He was very caring and very polite, very friendly, you couldn’t meet a better man than Prateek,” he said.

“We lost a very, very talented doctor.”

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