Brownstone Institute
Ketanji Brown Jackson Defenestrates the First Amendment
From the Brownstone Institute
At her confirmation hearings, Justice Ketanji Brown Jackson claimed she lacked the expertise to define “woman.” Just two years later, she did not hesitate to redefine the First Amendment and free speech as she advocated for the regime to bulldoze our Constitutional liberties provided they offer sufficiently sanctimonious justifications.
At Monday’s oral arguments in Murthy v. Missouri, Jackson said her “biggest concern” was that the injunction, which prohibits the Biden Administration from colluding with Big Tech to censor Americans, may result in “the First Amendment hamstringing the Government.”
This, apparently, was of greater concern to Jackson than the revelations that the Intelligence Community held ongoing meetings with social media companies to coordinate censorship demands, that the White House explicitly demanded the censorship of journalists, and that the Department of Homeland Security was instrumental in manipulating citizens ahead of the 2020 presidential election.
But according to Jackson’s outlook, those facts may have actually been encouraging. She scolded counsel, “Some might say the Government actually has a duty to take steps to protect the citizens of this country.”
Jackson’s formulation inverts the structure of constitutional liberties. The Constitution does not limit the powers of citizens; it restrains our elected officials from tyrannical overreach. It is the law that “governs those who govern us,” as law professor Randy Barnett explains.
Impediments to state powers are not flaws in the system; they are the essence of the design. But Jackson offers no deference to these constitutional restraints. Instead, she explained, “I am really worried about…the First Amendment operating in an environment of threatening circumstances.”
Of course, the First Amendment was designed for environments of threatening circumstances. American history offers no shortage of threats that could be justified to abridge our liberties – from Cholera and Yellow Fever to polio and Spanish flu; from the Red Coats and the XYZ Affair to the Red Army and the War on Terror; from conquering the west to defeating the Nazis.
The Framers understood the ineradicable threat that power poses to liberty, which is why they were unequivocal that the Government cannot “abridge” constitutionally protected speech, no matter the moral surety of the censors.
At times, the country has failed to live up to this promise, but those instances are rarely heralded. Jackson’s deference to emergencies or “threatening circumstances” is precisely the logic that the Court used to intern the Japanese and jail Eugene Debs. More recently, censors invoked that familiar paternalism to justify censorship of the origin of Covid and the veracity of Hunter Biden’s laptop.
But the Constitution demands a different path, as explained by Louisiana Solicitor General Benjamin Aguinaga in response to Jackson. The choice between liberty and safety is a false binary. “The Government can’t just run rampant pressuring the platforms to censor private speech,” Aguinaga explained.
The Biden Administration can promote its interests, deliver its own speeches, and purchase its preferred PSAs. It cannot, however, use vapid slogans of paternalism to usurp the First Amendment.
Justice Alito appeared to see through the justifications for censorship in his questioning of Brian Fletcher, Biden’s Deputy Solicitor General. He asked:
“When I see that the White House and federal officials repeatedly say that Facebook and the federal government should be ‘partners,’ [or] ‘we are on the same team.’ [GOVERNMENT] Officials are demanding answers, ‘I want an answer. I want it right away.’ When they’re unhappy, they curse them out…The only reason why this is taking place is that the federal government has got Section 230 and antitrust in its pocket…And so it’s treating Facebook and these other platforms like their subordinate.Would you do that to the New York Times, The Wall Street Journal, the Associated Press, or any other big newspaper or wire service?”
Meanwhile, Jackson could not grasp the most basic tenets of the First Amendment or free speech. Instead, she fear-mongered with absurd questions of whether the State has a compelling interest in stopping teens from “jumping out of windows.”
In the process, Jackson revealed her intent to defenestrate the First Amendment alongside her fictitious adolescent victims. Her “biggest concern” is that the First Amendment may hinder the regime’s pursuit of power, just as it was designed to do.
Tyranny has long draped itself in cloaks of benevolent phrasing. The judiciary is meant to safeguard our liberties from aspiring tyrants, even if they espouse the socially fashionable shibboleths of the day. Jackson does not just abdicate that responsibility; she appears to abhor it. We must hope her peers on the Court retain their oath to the Constitution.
It was especially striking for many people listening to these arguments to become aware of the astonishing lack of sophistication on the part of some of these Justices, Jackson in particular, and others had their moments.
The sidewalks outside the court were filled with actual experts, people who have followed this case closely since its inception, victims of the censorship industrial complex, and people who have read every brief and scoured through the evidence.
These actual experts and dedicated citizens who know the facts inside and out stood on the sidewalks outside the case while the plaintiffs’ attorney scrambled within the time limits to introduce the topic, possibly for the first time, to these men and women who hold the future of freedom in their hands.
Unbeknownst to themselves, the Justices themselves are victims of the censorship industrial complex. They could themselves have been plaintiffs in this very case, since they too are consumers of information using technology. And yet, given their status and position, they had to pretend to be above it all, knowing what others do not know, though clearly they did not.
It was frustrating scene, to say the least.
Sadly, the oral arguments became bogged down in minutiae over plaintiff standing, the particular wording of this or that email, various farflung hypotheticals, and hand wringing over what will become of the influence of our overlords should the injunction take place. Lost in this thicket of confusion was the bigger trajectory: the clear ambition on the part of the administrative state to become the master curator of the Internet in order to disable the whole promise of a democratized communication technology and introduce full control of the public mind.
A clear-headed court would strike down the entire ambition. That will not happen, apparently. That said, perhaps it is a very good sign that at least, and after so many years of this deep-state meddling in information flows, the issue has finally gotten the attention of the highest court.
May this day become a catalyst for what is needed most of all: the formation of a hard-core of informed citizens who absolutely refuse to go along with the censorship no matter what.
Author
From the Brownstone Institute
Many news outlets reported the announcement of the Nobel Peace Prize on Friday by saying President Donald Trump had missed out (Washington Post, Yahoo, Hindustan Times, Huffington Post), not won (USA Today), fallen short (AP News), lost (Time), etc. There is even a meme doing the rounds about ‘Trump Wine.’ ‘Made from sour grapes,’ the label explains, ‘This is a full bodied and bitter vintage guaranteed to leave a nasty taste in your mouth for years.’
For the record, the prize was awarded to María Corina Machado for her courageous and sustained opposition to Venezuela’s ruling regime. Trump called to congratulate her. Given his own attacks on the Venezuelan president, his anger will be partly mollified, and he could even back her with practical support. He nonetheless attacked the prize committee, and the White House assailed it for putting politics before peace.
He could be in serious contention next year. If his Gaza peace plan is implemented and holds until next October, he should get it. That he is unlikely to do so is more a reflection on the award and less on Trump.
So He Won the Nobel Peace Prize. Meh!
Alfred Nobel’s will stipulates the prize should be awarded to the person who has contributed the most to promote ‘fraternity between nations…abolition or reduction of standing armies and…holding and promotion of peace congresses.’ Over the decades, this has expanded progressively to embrace human rights, political dissent, environmentalism, race, gender, and other social justice causes.
On these grounds, I would have thought the Covid resistance should have been a winner. The emphasis has shifted from outcomes and actual work to advocacy. In honouring President Barack Obama in 2009, the Nobel committee embarrassed itself, patronised him, and demeaned the prize. His biggest accomplishment was the choice of his predecessor as president: the prize was a one-finger send-off to President George W. Bush.
There have been other strange laureates, including those prone to wage war (Henry Kissinger, 1973), tainted through association with terrorism (Yasser Arafat, 1994), and contributions to fields beyond peace, such as planting millions of trees. Some laureates were subsequently discovered to have embellished their record, and others proved to be flawed champions of human rights who had won them the treasured accolade.
Conversely, Mahatma Gandhi did not get the prize, not for his contributions to the theory and practice of non-violence, nor for his role in toppling the British Raj as the curtain raiser to worldwide decolonisation. The sad reality is how little practical difference the prize has made to the causes it espoused. They bring baubles and honour to the laureates, but the prize has lost much of its lustre as far as results go.
Trump Was Not a Serious Contender
The nomination processes start in September and nominations close on 31 January. The five-member Norwegian Nobel committee scrutinises the list of candidates and whittles it down between February and October. The prize is announced on or close to 10 October, the date Alfred Nobel died, and the award ceremony is held in Oslo in early December.
The calendar rules out a newly elected president in his first year, with the risible exception of Obama. The period under review was 2024. Trump’s claims to have ended seven wars and boasts of ‘nobody’s ever done that’ are not taken seriously beyond the narrow circle of fervent devotees, sycophantic courtiers, and supplicant foreign leaders eager to ingratiate themselves with over-the-top flattery.
Trump Could Be in Serious Contention Next Year
Trump’s 20-point Gaza peace plan falls into three conceptual-cum-chronological parts: today, tomorrow, and the day after. At the time of writing, in a hinge moment in the two-year war, Israel has implemented a ceasefire in Gaza, Hamas has agreed to release Israeli hostages on 13-14 October, and Israel will release around 2,000 Palestinian prisoners (today’s agenda). So why are the ‘Ceasefire Now!’ mobs not out on the streets celebrating joyously instead of looking morose and discombobulated? Perhaps they’ve been robbed of the meaning of life?
The second part (tomorrow) requires Hamas demilitarisation, surrender, amnesty, no role in Gaza’s future governance, resumption of aid deliveries, Israeli military pullbacks, a temporary international stabilisation force, and a technocratic transitional administration. The third part, the agenda for the day after, calls for the deradicalisation of Gaza, its reconstruction and development, an international Peace Board to oversee implementation of the plan, governance reforms of the Palestinian Authority, and, over the horizon, Palestinian statehood.
There are too many potential pitfalls to rest easy on the prospects for success. Will Hamas commit military and political suicide? How can the call for democracy in Gaza and the West Bank be reconciled with Hamas as the most popular group among Palestinians? Can Israel’s fractious governing coalition survive?
Both Hamas and Israel have a long record of agreeing to demands under pressure but sabotaging their implementation at points of vulnerability. The broad Arab support could weaken as difficulties arise. The presence of the internationally toxic Tony Blair on the Peace Board could derail the project. Hamas has reportedly called on all factions to reject Blair’s involvement. Hamas official Basem Naim, while thanking Trump for his positive role in the peace deal, explained that ‘Palestinians, Arabs and Muslims and maybe a lot [of] people around the world still remember his [Blair’s] role in causing the killing of thousands or millions of innocent civilians in Afghanistan and Iraq.’
It would be a stupendous achievement for all the complicated moving parts to come together in stable equilibrium. What cannot and should not be denied is the breathtaking diplomatic coup already achieved. Only Trump could have pulled this off.
The very traits that are so offputting in one context helped him to get here: narcissism; bullying and impatience; bull in a china shop style of diplomacy; indifference to what others think; dislike of wars and love of real estate development; bottomless faith in his own vision, negotiating skills, and ability to read others; personal relationships with key players in the region; and credibility as both the ultimate guarantor of Israel’s security and preparedness to use force if obstructed. Israelis trust him; Hamas and Iran fear him.
The combined Israeli-US attacks to degrade Iran’s nuclear capability underlined the credibility of threats of force against recalcitrant opponents. Unilateral Israeli strikes on Hamas leaders in Qatar highlighted to uninvolved Arabs the very real dangers of continued escalation amidst the grim Israeli determination to rid themselves of Hamas once and for all.
Trump Is Likely to Be Overlooked
Russia has sometimes been the object of the Nobel Peace Prize. The mischievous President Vladimir Putin has suggested Trump may be too good for the prize. Trump’s disdain for and hostility to international institutions and assaults on the pillars of the liberal international order would have rubbed Norwegians, among the world’s strongest supporters of rules-based international governance, net zero, and foreign aid, the wrong way.
Brash and public lobbying for the prize, like calling the Norwegian prime minister, is counterproductive. The committee is fiercely independent. Nominees are advised against making the nomination public, let alone orchestrating an advocacy campaign. Yet, one laureate is believed to have mobilised his entire government for quiet lobbying behind the scenes, and another to have bad-mouthed a leading rival to friendly journalists.
Most crucially, given that Scandinavian character traits tip towards the opposite end of the scale, it’s hard to see the committee overlooking Trump’s loud flaws, vanity, braggadocio, and lack of grace and humility. Trump supporters discount his character traits and take his policies and results seriously. Haters cannot get over the flaws to seriously evaluate policies and outcomes. No prizes for guessing which group the Nobel committee is likely to belong to. As is currently fashionable to say when cancelling someone, Trump’s values do not align with those of the committee and the ideals of the prize.
Author
From the Brownstone Institute
Trump made sweeping claims that would have ended political careers in any other era. His health officials tried to narrow the edges, but the President ensured that the headlines would be his.
Autism has long been the untouchable subject in American politics. For decades, federal agencies tiptoed around it, steering research toward genetics while carefully avoiding controversial environmental or pharmaceutical questions.
That ended at the White House this week, when President Donald Trump tore through the taboo with a blunt and sometimes incendiary performance that left even his own health chiefs scrambling to keep pace.
Flanked by Health Secretary Robert F. Kennedy, Jr., NIH Director Jay Bhattacharya, FDA Commissioner Marty Makary, CMS Adminstrator Dr Mehmet Oz, and other senior officials, Trump declared autism a “horrible, horrible crisis” and recounted its rise in startling terms.
“Just a few decades ago, one in 10,000 children had autism…now it’s one in 31, but in some areas, it’s much worse than that, if you can believe it, one in 31 and…for boys, it’s one in 12 in California,” Trump said.
The President insisted the trend was “artificially induced,” adding: “You don’t go from one in 20,000 to one in 10,000 and then you go to 12, you know, there’s something artificial. They’re taking something.”
Trump’s Blunt Tylenol Warning
The headline moment came when Trump zeroed in on acetaminophen, the common painkiller sold as Tylenol — known as paracetamol in Australia.
While Kennedy and Makary described a cautious process of label changes and physician advisories, Trump dispensed with nuance.
“Don’t take Tylenol,” Trump said flatly. “Don’t take it unless it’s absolutely necessary…fight like hell not to take it.”
Kennedy laid out the evidence base, citing “clinical and laboratory studies that suggest a potential association between acetaminophen used during pregnancy and adverse neurodevelopmental outcomes, including later diagnosis for ADHD and autism.”
Makary reinforced the point with references to the Boston Birth Cohort, the Nurses’ Health Study, and a recent Harvard review, before adding: “To quote the dean of the Harvard School of Public Health, there is a causal relationship between prenatal acetaminophen use and neurodevelopmental disorders of ADHD and autism spectrum disorder. We cannot wait any longer.”
But where the officials spoke of “lowest effective dose” and “shortest possible duration,” Trump thundered over the top: “I just want to say it like it is, don’t take Tylenol. Don’t take it if you just can’t. I mean, it says, fight like hell not to take it.”
Vaccines Back on Center Stage
The President then pivoted to vaccines, reviving arguments that the medical establishment has long sought to bury. He blasted the practice of giving infants multiple injections at a single visit.
“They pump so much stuff into those beautiful little babies, it’s a disgrace…you get a vat of 80 different vaccines, I guess, 80 different blends, and they pump it in,” Trump said.
His solution was simple: “Go to the doctor four times instead of once, or five times instead of once…it can only help.”
On the measles, mumps, and rubella shot, Trump insisted: “The MMR, I think should be taken separately…when you mix them, there could be a problem. So there’s no downside in taking them separately.”
The moment was astonishing — echoing arguments that had once seen doctors like Andrew Wakefield excommunicated from medical circles.
It was the kind of line of questioning the establishment had spent decades trying to banish from mainstream debate.
Hep B Vaccine under Attack
Trump dismissed the rationale for giving the hepatitis B vaccine at birth.
“Hepatitis B is sexually transmitted. There’s no reason to give a baby that’s just born hepatitis B [vaccine]. So I would say, wait till the baby is 12 years old,” he said.
He made clear that he was “not a doctor,” stressing that he was simply offering his personal opinion. But the move could also be interpreted as Trump choosing to take the heat himself, to shield Kennedy’s HHS from what was sure to be an onslaught of criticism.
The timing was remarkable.
Only last week, the CDC’s Advisory Committee on Immunisation Practices (ACIP) had been preparing to vote on whether to delay the hepatitis B shot until “one month” of age — a modest proposal that mainstream outlets derided as “anti-vax extremism.”
By contrast, Trump told the nation to push the jab back 12 years. His sweeping denunciations made the supposedly radical ACIP vote look almost tame.
The irony was inescapable — the same media voices who had painted Kennedy’s reshaped ACIP as reckless now faced a President willing to say far more than the panel itself dared.
A New Treatment and Big Research Push
The administration also unveiled what it deemed a breakthrough: FDA recognition of prescription leucovorin, a folate-based therapy, as a treatment for some autistic children.
Makary explained: “It may also be due to an autoimmune reaction to a folate receptor on the brain not allowing that important vitamin to get into the brain cells…one study found that with kids with autism and chronic folate deficiency, two-thirds of kids with autism symptoms had improvement and some marked improvement.”
Dr Oz confirmed Medicaid and CHIP (the Children’s Health Insurance Program, which provides low-cost health coverage to children in families that earn too much to qualify for Medicaid) would cover the treatment.
“Over half of American children are covered by Medicaid and CHIP…upon this label change…state Medicaid programs will cover prescription leucovorin around the country, it’s yours,” said Oz.
Bhattacharya announced $50 million in new NIH grants under the “Autism Data Science Initiative.”
He explained that 13 projects would be funded using “exposomics” — the study of how environmental exposures like diet, chemicals, and infections interact with our biology — alongside advanced causal inference methods.
“For too long, it’s been taboo to ask some questions for fear the scientific work might reveal a politically incorrect answer,” Bhattacharya said. “Because of this restricted focus in scientific investigations, the answers for families have been similarly restricted.”
Mothers’ Voices
The press conference also featured raw testimony from parents.
Amanda, mother of a profoundly autistic five-year-old, told Trump: “Unless you’ve lived with profound autism, you have no idea…it’s a very hopeless feeling. It’s very isolating. Being a parent with a profound autistic child, even just taking them over to your friend’s house is something we just don’t do.”
Jackie, mother of 11-year-old Eddie, said: “I’ve been praying for this day for nine years, and I’m so thankful to God for bringing the administration into our lives…I never thought we would have an administration that was courageous enough to look into things that no prior administration had.”
Their stories underscored what Kennedy said at the announcement about “believing women.” Here were mothers speaking directly about their lived reality, demanding that uncomfortable conversations could no longer be avoided.
Clashes with the Press Corps
Reporters pressed Trump on the backlash from medical groups.
Asked about the American College of Obstetricians and Gynecologists (ACOG) declaring acetaminophen safe in pregnancy, Trump shot back, “That’s the establishment. They’re funded by lots of different groups. And you know what? Maybe they’re right. I don’t think they are, because I don’t think the facts bear it out at all.”
When one journalist raised the argument that rising diagnoses reflected better recognition, Kennedy bristled,
“That’s one of the canards that has been promoted by the industry for many years,” he said. “It’s just common sense, because you’re only seeing this in people who are under 50 years of age. If it were better recognition or diagnosis, you’d see it in the seventy-year-old men. I’ve never seen this happening in people my age.”
Another reporter then asked Trump, “Should the establishment media show at least some openness to trying to figure out what the causes are?”
“I wish they would. Yeah, why are they so close-minded?” Trump replied. “It’s not only the media, in all fairness, it’s some people, when you talk about vaccines, it’s crazy…I don’t care about being attacked.”
Breaking the Spell
For years, autism policy has been shaped by caution, consensus, and deference to orthodox positions. That spell was broken at today’s press conference.
The dynamic was striking. Kennedy, Makary, Bhattacharya, and Oz leaned on scientific papers, review processes, and cautious advisories. Trump, by contrast, brushed it all aside, hammering his message home through repetition and personal anecdotes.
Trump made sweeping claims that would have ended political careers in any other era. His health officials tried to narrow the edges, but the President ensured that the headlines would be his.
“This will be as important as any single thing I’ve done,” Trump declared. “We’re going to save a lot of children from a tough life, really tough life. We’re going to save a lot of parents from a tough life.”
Whatever the science ultimately shows, the politics of autism in America will never be the same.
Republished from the author’s Substack
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