In collaboration with conservative media outlets, The Daily Wire and The Federalist, Texas Attorney General Ken Paxton filed a lawsuit on Wednesday against the U.S. Department of State. The legal action claims that the State Department-funded technologies intended to counter disinformation online, alleging that these technologies were used to censor right-leaning news outlets. Below is a detailed breakdown of the key components of the lawsuit.
Allegations Against the State Department
The lawsuit, filed in federal court in Tyler, Texas, asserts that the State Department financed technology through two organizations, the Global Disinformation Index (GDI) and NewsGuard. These organizations reportedly received grants or contracts from the department’s Global Engagement Center, which is mandated to counter foreign propaganda and disinformation.
Organizations Receiving Funding
- Global Disinformation Index (GDI): A British think tank allegedly received a $100,000 grant in 2021.
- NewsGuard: A platform that rates news outlets’ “misinformation” levels and reportedly received $25,000 in 2020.
Legal Basis of the Lawsuit
The legal action argues that the State Department lacked statutory authority to fund tools developed by GDI and NewsGuard. Furthermore, it claims that such funding infringes upon the free speech rights of The Daily Wire and The Federalist under the U.S. Constitution’s First Amendment.
Texas Attorney General Ken Paxton emphasized, “This agency will not get away with their illegal campaign to silence citizens and publications they disagree with.”
Conservative Legal Representation
Paxton filed the lawsuit with the support of lawyers from the conservative New Civil Liberties Alliance, representing The Daily Wire and The Federalist.
Previous Legal Actions
This case is part of a series of lawsuits that Paxton has initiated against the Biden administration, with many filed in smaller Texas courts primarily comprised of judges appointed by Republican presidents. The case has been assigned to U.S. District Judge Jeremy Kernodle, an appointee of former President Donald Trump.
Responses from Involved Parties
- GDI and NewsGuard: Neither organization is a defendant in the lawsuit, and both have refrained from commenting.
- State Department: The department declined to comment on the allegations.
NewsGuard’s Statement
NewsGuard released a statement indicating that its work with the Global Engagement Center constituted less than 1% of its revenue. The organization clarified that its projects with the GEC were unrelated to the reliability ratings it develops for news and information websites.
Contextualizing the Lawsuit
The lawsuit is the latest instance of Republican state attorneys general accusing the Biden administration of censoring conservative viewpoints online in its efforts to combat disinformation. Notably, the U.S. Supreme Court is set to hear arguments in a similar lawsuit filed by Republican attorneys general from Missouri and Louisiana, alleging the administration’s unlawful suppression of conservative-leaning speech on major social media platforms.
Technologies and Lists Impacting Conservative Outlets
The lawsuit contends that technologies and lists created by GDI and NewsGuard have designated conservative outlets as risky, with the alleged goal of defunding and de-platforming them. Citing a GDI-produced list from December 2022, the lawsuit highlights that The Daily Wire and The Federalist were ranked among the “riskiest sites” for news, contrasting with mainstream outlets like The New York Times, Associated Press, and NPR.
The legal action suggests that such “blacklists” are diminishing revenues for The Daily Wire and The Federalist, impacting their visibility on social media and their ranking in browser search results.
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