Perspectives; Thoughts; Comments; Opinions; Discussions

Posts tagged ‘MURTHY V. MISSOURI’

Free Speech Fight Will Go on After Supreme Court’s Devastating Ruling


BY: M.D. KITTLE | JUNE 27, 2024

Read more at https://thefederalist.com/2024/06/27/free-speech-fight-will-go-on-after-supreme-courts-devastating-ruling/

Protester holds sign criticizing big government.

Author M.D. Kittle profile

M.D. KITTLE

MORE ARTICLES

Free speech may have taken a beating in the U.S. Supreme Court’s ruling giving Big Government and Big Tech free rein over the First Amendment, but an attorney for the private plaintiffs in the case says the battle is far from over. 

“We are not giving up. … We are pursuing it on the merits … in the district court, and we want to get more discovery,” Jenin Younes, litigation counsel for the New Civil Liberties Alliance tells me in the latest edition of “The Federalist Radio Hour” podcast.   

NCLA represents the private plaintiffs in the ruling that saw a 6-3 majority in Murthy v. Missouri reverse a lower court’s injunction that blocked the federal government from partnering with social media giants to silence posts it doesn’t like. As my colleague Shawn Fleetwood wrote, the decision — based on an absurd standing argument — effectively frees the Biden administration to continue its censoring operations during the 2024 election. 

“The Supreme Court majority has practically erased the First Amendment and permitted government to co-opt private entities, like social media platforms, to accomplish its censorship aims,” NCLA said in a press release following the ruling. 

In the majority opinion, Justice Amy Coney Barrett wrote that the plaintiffs failed to establish standing because they did not “demonstrate a substantial risk that, in the near future, they will suffer an injury that is traceable to a Government defendant and redressable by the injunction they seek.”

“Because no plaintiff has carried that burden, none has standing to seek a preliminary injunction,” the decision opines. 

‘Truth Can Get You Fired’

But if the past is truly an indicator of the future, it’s difficult to reconcile the standing argument with the speech suppression that occurred, particularly against those who rightly questioned the government’s Covid policies and voiced legitimate concerns over Covid vaccines. 

NCLA’s clients, Drs. Jayanta Bhattacharya, Martin Kulldorff, Aaron Kheriaty, and Jill Hines, were all censored for daring to challenge the government’s “disinformation” campaign on the pandemic. It cost Kulldorff his job as a respected professor at Harvard. 

“I am no longer a professor of medicine at Harvard. The Harvard motto is Veritas, Latin for truth. But, as I discovered, truth can get you fired. This is my story — a story of a Harvard biostatistician and infectious-disease epidemiologist, clinging to the truth as the world lost its way during the Covid pandemic,” he wrote earlier this year in a column for City Journal. Kulldorff had questioned the lockdowns and vaccine mandates. 

‘Factual Errors’

No one was hurt by the government? The majority opinion asserts that while the Big Tech speech suppressors did have content moderation policies and may have been censoring users, the plaintiffs provided no documentation showing the government coerced the social media giants to do so. As censor-in-chief Joe Biden would say, that’s malarkey. 

Younes said the ruling is rooted in some “factual errors” by the majority. The Louisiana District Court Judge who on July 4, 2023, issued the injunction against the government said the executive branch “seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’” U.S. District Judge Terry Doughty conducted a thorough review of voluminous records showing dozens of agencies communicating with Big Tech companies, according to Younes.

“[There were] probably close to 100 federal officials that we know of who were colluding with, coercing, pressuring, influencing the companies to effectuate their censorship desires,” the attorney said, adding that the justices in the majority appear to have “read the government’s brief and just believed everything they said.” 

In his dissent, Justice Samuel Alito warned that the government’s conduct was “blatantly unconstitutional, and the country may come to regret the Court’s failure to say so.” 

“Officials who read today’s decision together with Vullo will get the message. If a coercive campaign is carried out with enough sophistication, it may get by. That is not a message this Court should send.”

Difficult but Not Impossible 

While the high court remanded the case to the lower court “for further proceedings consistent with this opinion,” Younes said expanded discovery might just stop the overreaching government yet. NCLA plans to go after government and Big Tech communications involving its clients to show the direct harm caused, as demanded in the majority’s standing argument. 

“The district court has shown that it believes in our case and … said this is arguably the most massive attack on free speech in the history of the United States, which I agree with,” Younes said. “The federal government was censoring entire narratives, entire lines of thought. If you questioned the efficacy of the vaccines in 2021, even if you were a vaccine expert like our client, Martin Kulldorff, you would be censored on social media, as he was.”

The case may also get an assist from a presidential candidate. Robert F. Kennedy Jr., now running as an independent, had sought to intervene in the Supreme Court case but was turned back by the majority. If anyone knows censorship, it’s RFK Jr., who was blocked from social media as part of what the government and corporate media have described as the “Disinformation Dozen” for challenging the government’s faulty narrative on Covid vaccines. Kennedy has lots of emails showing the Biden administration trying to silence his speech. 

As government water carrier USA Today reported, one email shows the Biden administration pouncing after Kennedy suggested baseball legend Hank Aaron’s death may have been caused by his Covid-19 vaccine. 

“Wanted to flag the below tweet and am wondering if we can get moving on the process for having it removed ASAP,” the digital director for the White House’s Covid response team wrote in an email to an official at Twitter, the publication reported. 

Alito also dissented in the court’s rejection of Kennedy’s motion to join the lawsuit, suggesting standing could be a problem and RFK Jr. could help take away that argument. 

“[The Supreme Court is] making it very difficult to bring the case, but they’re not making it impossible,” Younes said.

If the Supreme Court won’t stand up to assaults on the First Amendment, Congress must, said plaintiff Jill Hines, NCLA client and co-director of Health Freedom Louisiana.

“After reviewing the shocking and incriminating evidence indicating a massive government censorship scheme, the Justices erroneously determined to allow the government access to social media companies for the purpose of undermining free speech,” she said in the press release. “Congress must act immediately to defund agencies and third parties actively involved in this broadly pervasive and unconstitutional censorship scheme.”

Matt Kittle is a senior elections correspondent for The Federalist. An award-winning investigative reporter and 30-year veteran of print, broadcast, and online journalism, Kittle previously served as the executive director of Empower Wisconsin.

Category:

Law, Political

Tagged with:

This Country Cannot Afford A Weak Supreme Court Decision On Internet Censorship


BY: JOY PULLMANN | MARCH 21, 2024

Read more at https://thefederalist.com/2024/03/21/this-country-cannot-afford-a-weak-supreme-court-decision-on-internet-censorship/

Murthy v. Missouri defendants

Author Joy Pullmann profile

JOY PULLMANN

VISIT ON TWITTER@JOYPULLMANN

MORE ARTICLES

The Biden administration attempted to distract the Supreme Court from the voluminous evidence of federal abuse of Americans’ speech rights during oral arguments in Murthy v. Missouri Monday. It sounded like several justices followed the feds’ waving red flag.

“The government may not use coercive threats to suppress speech, but it is entitled to speak for itself by informing, persuading, or criticizing private speakers,” said Biden administration lawyer Brian Fletcher in his opening remarks. He and several justices asserted government speech prerogatives that would flip the Constitution upside down.

The government doesn’t have constitutional rights. Constitutional rights belong to the people and restrain the government. The people’s right to speak may not be abridged. Government officials’ speaking, in their official capacities, may certainly be abridged. Indeed, it often must be, precisely to restrict officials from abusing the state’s monopoly on violence to bully citizens into serfdom.

It is obviously un-American and unconstitutional for the government to develop a “hit list” of citizens to mute in the public square through secret pressure on communications monopolies beholden to the government for their monopoly powers. There is simply no way it’s “protected speech” for the feds to use intermediaries to silence anyone who disagrees with them on internet forums where the majority of the nation’s political organizing and information dissemination occurs.

Bullying, Not the Bully Pulpit

What’s happening is not government expressing its views to media, or “encouraging press to suppress their own speech,” as Justice Elena Kagan put it. This is government bullying third parties to suppress Americans’ speech that officials dislike.

In the newspaper analogy, it would be like government threatening an IRS audit or Equal Employment Opportunity Commission (EEOC) investigation, or pulling the business license of The Washington Post if the Post published an op-ed from Jay Bhattacharya. As Norwood v. Harrison established in 1973, that’s blatantly unconstitutional. Government cannot “induce, encourage or promote private persons to accomplish what it is constitutionally forbidden to accomplish.”

Yet, notes Matt Taibbi, some justices and Fletcher “re-framed the outing of extravagantly funded, ongoing content-flagging programs, designed by veterans of foreign counterterrorism operations and targeting the domestic population, as a debate about what Fletcher called ‘classic bully pulpit exhortations.’”

Every Fake Excuse for Censorship Is Already Illegal

We have laws against all the harms the government and several justices put forth as excuses for government censorship. Terrorism is illegal. Promoting terrorism is illegal, as an incitement to treason and violence. Inciting children to injure or murder themselves by jumping out windows — a “hypothetical” brought up by Justice Ketanji Brown Jackson and discussed at length in oral arguments — is illegal.

If someone is spreading terrorist incitements to violence on Facebook, law enforcement needs to go after the terrorist plotters, not Facebook. Just like it’s unjust to punish gun, knife, and tire iron manufacturers for the people who use their products to murder, it’s unjust and unconstitutional for government to effectively commandeer Facebook under the pretext of all the evils people use it to spread. If they have a problem with those evils, they should address those evils directly, not pressure Facebook to do what they can’t get through Congress like it’s some kind of substitute legislature.

It’s also ridiculous to, as Jackson and Fletcher did in oral argument, assume that the government is the only possible solution to every social ill. Do these hypothetically window-jumping children not have parents? Teachers? Older siblings? Neighbors? Would the social media companies not have an interest in preventing their products from being used to promote death, and wouldn’t that be an easy thing to explain publicly? Apparently, Jackson couldn’t conceive of any other solution to problems like these than government censorship, when our society has handled far bigger problems like war, pandemics, and foreign invasion without government censorship for 250 years!

Voters Auditing Government Is Exactly How Our System Should Work

Fletcher described it as a “problem” that in this case, “two states and five individuals are trying to use the Article III courts to audit all of the executive branch’s communications with and about social media platforms.” That’s called transparency, and it’s only a problem if the government is trying to escape accountability to voters for its actions. The people have a fundamental right to audit what their government is doing with public positions, institutions, and funds! How do we have government by consent of the governed if the people can have no idea what their government is doing?

Under federal laws, all communications like those this lawsuit uncovered are public records. Yet these public records are really hard to get. The executive branch has been effectively nullifying open records laws by absurdly lengthening disclosure times — to as long as 636 days — increasingly forcing citizens to wage expensive lawsuits to get federal agencies to cough up records years beyond the legal deadline.

Congress should pass a law forcing the automatic disclosure of all government communications with tech monopolies that don’t concern actual classified information and “national security” designations, which the government expands unlawfully to avoid transparency. No justice should support government secrecy about its speech pressure efforts outside of legitimate national security actions.

Government Is So Big, It’s Always Coercive

Fletcher’s argument also claimed to draw a line between government persuasion and government coercion. The size and minute harassment powers of our government long ago obliterated any such line, if it ever existed. Federal agencies now have the power to try citizens in non-Article III courts, outside constitutional protections for due process. Citizens can be bankrupted long before they finally get to appeal to a real court. That’s why most of them just do whatever the agencies say, even when it’s clearly unlawful.

Federal agencies demand power over almost every facet of life, from puddles in people’s backyards to the temperature of cheese served in a tiny restaurant. If they put a target on any normal citizen’s back, he goes bankrupt after regulatory torture.

As Franklin Roosevelt’s “brain trust” planned, government is now the “senior partner” of every business, giving every “request” from government officials automatic coercion power. Federal agencies have six ways from Sunday of getting back at a noncompliant company, from the EEOC to the Occupational Safety and Health Administration to the Environmental Protection Agency to Health and Human Services to Securities and Exchange Commission investigations and more. Use an accurate pronoun? Investigation. Hire “one too many” white guys? Investigation.

TikTok legislation going through Congress right now would codify federal power to seize social media companies accused of being owned by foreign interests. Shortly after he acquired X, Elon Musk faced a regulatory shakedown costing him tens of millions, and more on the way. He has money like that, but the rest of us don’t.

Speech from a private citizen does not have the threat of violence behind it. Speech from a government official, on the other hand, absolutely does and always has. Government officials have powers that other people don’t, and those powers are easily abused, which is exactly why we have a Constitution. SCOTUS needs to take this crucial context into account, making constitutional protections stronger because the government is far, far outside its constitutional bounds.

Big tech companies’ very business model depends on government regulators and can be destroyed — or kneecapped — at the stroke of an activist president’s pen. Or, at least, that’s what the president said when Facebook and Twitter didn’t do what he wanted: Section 230 should “immediately be revoked.” This is a president who claims the executive power to unilaterally rewrite laws, ignore laws, and ignore Supreme Court decisions. It’s a president who issues orders as press releases so they go into effect months before they can even begin to be challenged in court.

Constitutionally Protected Speech Isn’t Terrorism

If justices buy the administration’s nice-guy pretenses of “concern about terrorism,” and “once in a lifetime pandemic measures,” they didn’t read the briefs in this case and see that is simply a cover for the U.S. government turning counterterrorism tools on its own citizens in an attempt to control election outcomes. This is precisely what the First Amendment was designed to check, and we Americans need our Supreme Court to understand that and act to protect us. Elections mean nothing when the government is secretly keeping voters from talking to each other.

The Supreme Court may not be able to return the country to full constitutional government by eradicating the almost entirely unconstitutional administrative state. But it should enforce as many constitutional boundaries as possible on such agencies. That clearly includes prohibiting all of government from outsourcing to allegedly “private” organizations actions that would be illegal for the government to take.

That includes not just coercive instructions to social media companies, but also developing social media censorship tools and organizations as cutouts for the rogue security state that is targeting peaceful citizens instead of actual terrorists. Even false speech is not domestic terrorism, and no clearheaded Supreme Court justice looking at the evidence could let the Biden administration weaponize antiterrorism measures to strip law-abiding Americans of our fundamental human rights.

Joy Pullmann is executive editor of The Federalist, a happy wife, and the mother of six children. Her ebooks include “Classic Books For Young Children,” and “101 Strategies For Living Well Amid Inflation.” An 18-year education and politics reporter, Joy has testified before nearly two dozen legislatures on education policy and appeared on major media from Fox News to Ben Shapiro to Dennis Prager. Joy is a grateful graduate of the Hillsdale College honors and journalism programs who identifies as native American and gender natural. Her traditionally published books include “The Education Invasion: How Common Core Fights Parents for Control of American Kids,” from Encounter Books.

Category:

Political

Tagged with:

State Of Texas Joins the Federalist, Daily Wire in Suing the Federal Censorship-Industrial Complex


BY: JOY PULLMANN | DECEMBER 06, 2023

Read more at https://thefederalist.com/2023/12/06/state-of-texas-joins-the-federalist-daily-wire-in-suing-the-federal-censorship-industrial-complex/

Antony Blinken, Secretary of State

Author Joy Pullmann profile

JOY PULLMANN

VISIT ON TWITTER@JOYPULLMANN

MORE ARTICLES

The U.S. State Department is violating the U.S. Constitution by funding technology to silence Americans who question government claims, says a lawsuit filed Tuesday by The Federalist, The Daily Wire, and the state of Texas.

The three are suing to stop “one of the most audacious, manipulative, secretive, and gravest abuses of power and infringements of First Amendment rights by the federal government in American history,” says the lawsuit. It exposes federal censorship activities even beyond the dramatic discoveries in a pending U.S. Supreme Court case, Murthy v. Missouri (also known as Missouri v. Biden).

This lawsuit alleges the State Department is illegally using a counterterrorism center intended to fight foreign “disinformation” instead to stop American citizens from speaking and listening to information government officials dislike. Other recent investigations have also found government counterterrorism resources and tactics being used to shape American public opinion and policy.

Through grants and product development assistance to private entities including the Global Disinformation Index (GDI) and NewsGuard, the lawsuit alleges, the State Department “is actively intervening in the news-media market to render disfavored press outlets unprofitable by funding the infrastructure, development, and marketing and promotion of censorship technology and private censorship enterprises to covertly suppress speech of a segment of the American press.”

This is just the latest in a series of major investigations and court cases in the last year to uncover multiple federal censorship efforts laundered through private cutouts. The “Twitter Files,” a series of investigative journalist reports, uncovered that dozens of federal agencies pressured virtually all social media monopolies to hide and punish tens of millions of posts and users.

Missouri v. Biden found this federal censorship complex has included government officials changing the content moderation and user policies of social media monopolies through threats to destroy their business models. House of Representatives investigations have uncovered U.S. national security and spy agencies creating “private” organizations to circumvent the Constitution’s prohibition on federal officials abridging Americans’ speech. These false-front organizations deliberately avoid creating records subject to transparency laws and congressional oversight, public records show.

Congressional investigations in November revealed that federal officials have specifically targeted The Federalist’s reporting for internet censorship.

The U.S. Justice Department is even about to put a U.S. citizen in prison for sharing election jokes on Twitter.

‘Coordinating the Government’s Efforts to Silence Speech’

The Fifth Circuit refrained from stopping the State Department’s participation in the “vast censorship enterprise” that Murthy v. Missouri uncovered because, the court said, it hadn’t seen enough evidence of that agency’s involvement. This new lawsuit from Texas, The Federalist, and The Daily Wire provides such evidence.

Even though Congress and the Constitution have banned the federal government from silencing Americans, the State Department’s Global Engagement Center (GEC) has morphed into “the lead in coordinating the government’s efforts to silence speech,” the lawsuit says. The lawsuit names as defendants the U.S. State Department, GEC, and multiple department officials including Secretary of State Antony Blinken. GEC originated as a counterterrorism agency created by an executive order from President Obama.

Through GEC, the State Department evaluated more than 365 different tools for scrubbing the internet of disfavored information, the lawsuit says. The department also pays millions to develop multiple internet disinformation “tools.” It also runs tests on censorship technologies and awards government prize money to those most effective at controlling what Americans say and hear online, the lawsuit says.

[LISTEN: Margot Cleveland Breaks Down Explosive New Federalist Lawsuit Against State Department]

State then shares these censorship technologies with companies, favored media outlets, academics, and government agencies. It markets these government-funded censorship technologies to Silicon Valley companies including Facebook, X, and LinkedIn. The tools included “supposed fact-checking technologies, media literacy tools, media intelligence platforms, social network mapping, and machine learning/artificial intelligence technology,” the lawsuit says.

At least two of the censorship tools the State Department has funded, developed, and awarded have targeted The Federalist and The Daily Wire, the lawsuit says. NewsGuard and GDI wield these tools developed with government assistance to deprive government-criticizing news outlets, including The Federalist and The Daily Wire, of operating funds.

They do this by rating conservative outlets poorly, falsely claiming these outlets purvey “disinformation” and are “unreliable.” That deprives leftists’ media competitors of high-value ad dollars from the big companies that use these rating systems. Such companies include YouTube, Facebook, Snapchat, Best Buy, Exxon Mobil, Kellogg, MasterCard, and Verizon.

“Advertising companies that subscribe to GDI’s blacklist refuse to place ads with disfavored news sources, cutting off revenue streams and leaving the blacklisted outlets unable to compete with the approved ‘low risk’ media outlets — often legacy news,” the lawsuit says.

Boosting Disinformation While Claiming the Opposite

Ratings companies like NewsGuard and GDI base their low ratings of outlets like The Federalist at least in part on politically charged “fact checks” of a tiny percentage of the outlets’ articles. While these companies’ full ratings criteria are secret, in December 2022 GDI published a top 10 list of its most favored and most disfavored news outlets. The Federalist and Daily Wire appear on GDI’s 10 “riskiest” list.

All of the outlets on GDI’s “least risky” list have helped spread some of the government’s biggest disinformation operations in the last decade. Those include the Russia-collusion hoax and Hunter Biden laptop stories, which influenced national elections in favor of Democrats. The 10 “least risky” outlets have also widely published notable misinformation such as claims that Covid vaccines prevent disease transmission, the Covington student insult hoax, and evidence-free claims that Supreme Court Justice Brett Kavanaugh is a serial gang rapist.

This federal censorship-industrial complex’s numerous disinformation operations include the Hamilton 68 effort. In contrast, The Federalist not only reported all these stories accurately from the beginning but for most led the reporting pack that proved it. GDI rated The Daily Wire’s “risk level” as “high” and The Federalist’s “risk level” as “maximum.”

While technologies and enterprises the State Department promotes push corporate media’s biggest purveyors of propaganda, they also “blacklist” The Federalist and Daily Wire, the lawsuit says, “negatively impacting Media Plaintiffs’ ability to circulate and distribute their publications to both current and potential audiences, and intentionally destroying the Media Plaintiffs’ ability to obtain advertisers.” Microsoft, for example, uses NewsGuard technology “to train Bing Chat.”

The lawsuit is filed in the U.S. federal court for the Eastern District of Texas. It seeks a court declaration that the State Department’s funding, testing, pressuring, and promoting of internet censorship tools is unconstitutional and an order that it end.

Joy Pullmann is executive editor of The Federalist, a happy wife, and the mother of six children. Her ebooks include “The Read-Aloud Advent Calendar,” “The Advent Prepbook,” and “101 Strategies For Living Well Amid Inflation.” An 18-year education and politics reporter, Joy has testified before nearly two dozen legislatures on education policy and appeared on major media from Fox News to Ben Shapiro to Dennis Prager. Joy is a grateful graduate of the Hillsdale College honors and journalism programs who identifies as native American and gender natural. Her traditionally published books include “The Education Invasion: How Common Core Fights Parents for Control of American Kids,” from Encounter Books.

Category:

censorship

Tagged with:

Tag Cloud