Brownstone Institute
Free Speech on Trial
From the Brownstone Institute
Free speech is everything. If we don’t have that, we have nothing and freedom is toast. All other problems pale in comparison. There are plenty of them, from healthcare to immigration but if we don’t have free speech, we cannot get the truth out about any of them. The censorship industrial complex is wholly dedicated to making sure that we have no debates at all and that dissident voices are not even heard.
In a lifetime of observing policy controversies and court cases, we’ve never witnessed anything as crucial to the future of the idea of freedom itself compared with what will transpire on March 18, 2024. On that day, the Supreme Court will hear arguments in Murthy v. Missouri concerning whether the government can force or nudge private companies to censor users on behalf of regime priorities.
The evidence that they have been doing so is overwhelming. That’s why the 5th Circuit issued an emergency injunction to stop the practice on grounds that it is inconsistent with the First Amendment of the US Constitution. The censorship industrial complex is working right now and hourly to delete free speech in America. That injunction was stayed pending a review by the highest court.
The case itself hasn’t even gone to court. This decision is only about the injunction itself, which was issued based on the alarming results of discovery alone. Essentially, the lower court is screaming “This must stop.” The Supreme Court is trying to assess whether the violations of liberty are extreme enough to justify a pre-trial intervention now.
A positive ruling for the plaintiffs doesn’t solve every problem but at least it will mean that freedom still stands a chance in this country. A ruling for the defense, which is essentially the government itself, will give license to every federal agency – including those that operate in secret like the FBI and CIA – to threaten every social media and media company in this country to delete any and all content that runs contrary to the approved narrative.
There will be celebration in Washington if this happens. On the other hand, there will be tears if the court decides for the defense. It could be that the court will take an in-between position, refusing to let the injunction go ahead and promising some possible decision at a later date pending trial. That would be a disaster because it could mean three or more years of full censorship pending an appeal of whatever the outcome of the trial is.
Free speech is everything. If we don’t have that, we have nothing and freedom is toast. All other problems pale in comparison. There are plenty of them, from healthcare to immigration but if we don’t have free speech, we cannot get the truth out about any of them. The censorship industrial complex is wholly dedicated to making sure that we have no debates at all and that dissident voices are not even heard.
As it is, Google, Microsoft, and Facebook – and many more besides – already heavily restrict speech. They work in cooperation with government and those tasked by government to do elite bidding. We know this for a fact.
When Elon Musk took over Twitter, he discovered a vast censorship machine operating on behalf of the FBI and other agencies. Millions of posts were being taken down along with users. He has done his best to rip out the guts of this borg. Doing so entirely changed the character of the site. It became useful again.
Not even the scale of the problem is widely understood. Usually people say that free speech is necessary to protect minority opinions. In this case, the numbers don’t matter to the censors. You could have 90% of users trying to advance an idea and still have it censored. This is what the old Twitter did. It was daily and hourly attacking the company’s user base. This was their job, no matter how much it contradicts the whole point of social media.
Brownstone is predictably throttled by all these companies but it is not just about us. It is about everyone who disagrees with the Davos “Great Reset” agenda. This could pertain to EVs, gender transitions, lockdowns, immigration, or anything else. Even now, the Google Artificial Intelligence engine extols the glories of lockdowns, masking, and mass injections while completely ignoring contrary science. This is how they want things to be. Google’s search engine is no better. It might as well be a federal agency.
The Justices hearing the case will be in an awkward position. My guess is that none of them even know that this was going on to the extent it is. They will likely be shocked when they look at the evidence providing that there is a trillion-dollar industry in full operation that has massively distorted the public mind. Every federal agency is involved, deeply embedded in the operations of all media companies and digital technology, which in turn requires universal surveillance and persecution of contrary voices.
Until just a few years ago, this entire industry – which involves federal agencies, universities, nonprofits, shadow companies, bogus fact-checks, and every manner of spook-operated front companies – was not known to exist. Now that we know, we are shocked by the extent of it. It has invaded the whole of our lives to the point that we cannot tell the real news from that which is fed to us by intelligence agencies. Even worse, we’ve come to expect that most of what passes for approved opinion is flat-out false.
The Justices will discover this truth. They will likely be astonished. But they will also be taken aback by how integral to our lives it has become. As it turns out, the federal government for nearly a decade has placed a very high priority on curating the public mind, lying at every turn for its own benefit and that of its industrial partners.
Everyone in the old Soviet Union knew for sure that Pravda spoke for the Communist Party. But do people understand that their Google search results and Facebook timelines are no better? It’s not clear whether and to what extent people do understand this but it is our reality.
Will the Justices really be willing to pull the plug on the entire machinery? Doing that would be more disruptive of an established interest group than anything the court has done in many years or even ever. It would fundamentally change the way our technologies work. It would be devastating to federal agencies. Policing such a new system called free speech would be another matter entirely. It would mean that thousands of people would suddenly have nothing to do. That would be wonderful, but would it happen?
As I say, censorship is now an entire global industry. It involves the world’s most powerful foundations, governments, universities, and influencers. It seems like everyone wants a part in crushing what they called “disinformation,” “misinformation,” and “malinformation,” which is true information that they don’t want out. We are surrounded by this machinery of control and yet most people have no clue.
Every federal agency at this point has taken it upon themselves to cajole every information provider into rigging the system so that only one perspective gets out. This has a massive impact on public opinions.
As an example, four years ago, I wrote an article that accidentally made it through the censors and I watched as millions read my piece. Even now, I hear about it at cocktail parties coming from total strangers who don’t know that I’m the author. Nothing like that has happened since that magical day. Most of my writing goes into a dark hole, and this is despite writing daily for the 4th largest newspaper and having access to a huge public forum at Brownstone. People without such access do not stand a chance. Their posts on Facebook are disappeared the instant they post, while YouTube slams their content as contrary to community standards, with no other explanation.
Self-censorship has become the habitual practice of the intellectual class. Otherwise you only beat your head up against the wall and make yourself a target. Minute-by-minute in real time, public opinion is being shaped by this wicked industry, which dramatically distorts political outcomes.
As I say, this is surely the most important issue we face. A decision by the Supreme Court to let this go on – seeing no real issue here – will lead straight to our doom and the death of freedom itself.
There’s an additional problem that is very serious. These days, there is a massive race on to program censorship into the algorithms themselves so that no one is actually doing it, so that there cannot be any real defendants in a case against them. AI will soon be running everything so that Google and Facebook etc can simply say that their machine learning is doing the dirty work.
Perhaps one of the reasons AI has hit us with such a rush is precisely because of this case before the court. The deep state and its industrial partners are not going to give up easily. Everything depends on their victory over free speech, so far as they are concerned.
This is very worrisome, which is why one should hope for a sweeping statement by the Supreme Court that reaffirms the fundamental American commitment to have government completely out of the business of manipulating public opinion through curating what information you see and read and what you do not see and read.
It’s tragic that such a fundamental human right should so heavily depend on the majority decision of this one body. It’s not supposed to work this way. The First Amendment is supposed to be law but these days, the government has built an entire empire around the idea that it simply does not matter. The job of the Supreme Court is to remind our overlords that the people are not merely putty in the hands of deep state agents. We have fundamental rights that cannot be abridged.
There is a rally scheduled outside the court on March 18th, with many speakers making themselves available to the press. Note the sponsoring organizations: these are the freedom fighters in America today. You are welcome to join us.
It won’t sway the court, of course. And the crowds will surely be thinner than they otherwise would be given how much success the censorship industry already enjoys. Still, it is worth a shot.
Truly, we should all shudder to think of the future of American freedom in absence of a decisive statement by the court on behalf of the basic liberty the Framers intended be protected for everyone.
Author
From the Brownstone Institute
How will he organize the “deportation” of illegal migrants? In the best case, it will be difficult. There will be scuffles and chases. Critics will charge the new Administration as cruel and worse. How much stomach will Republicans have for a messy process?
Trump enjoys the momentum. Four of the most recent major national polls show him up 2 to 3%, while Democratic-friendly outlets like the New York Times and CNN both show a TIE race in their final surveys. The 2016 and 2020 elections were razor close even though Clinton (5%) and Biden (8%) had solid polling leads at this point. We need to contemplate a Trump win not only in the electoral college but also in the popular vote.
Here are some thoughts:
- JD Vance ascendant, obviously. Big implications for the Republican trajectory.
- Will Trump replace Fed chairman Jay Powell? Or merely jawbone for a change in policy? In a new CNBC interview, former Fed governor Kevin Warsh argues that the Fed has juiced both the stock market and inflation. Would reducing inflation, which Trump has promised, automatically therefore lead to a stock market correction and economic slowdown? Not necessarily. If Trump unleashes productive economic activity and Congress ends the fiscal blowout, the Fed could normalize monetary policy without causing a major economic slump.
- Will Trump impose the broad and deep tariffs he proposed? Or will he mostly threaten them as a bargaining tool with China? I’m betting on some of the former but more of the latter. We notice, however, Trump allies are floating a trial balloon to replace income taxes with tariffs. As impractical and improbable as that may be, we’re glad to see the mention of radical tax reform reemerge after too long an absence from the national discussion.
- How will he organize the “deportation” of illegal migrants? In the best case, it will be difficult. There will be scuffles and chases. Critics will charge the new Administration as cruel and worse. How much stomach will Republicans have for a messy process? One idea would be to offer a “reverse amnesty” – if you leave peacefully and agree not to return illegally, we will forgive your previous illegal entry(s) and minor violations. This would incentivize self-identification and quiet departure. Plus it would help authorities track those leaving. Would migrant departures truly hit the economy, as critics charge? We doubt large effects. Substantial native populations are still underemployed or absent from the workforce.
- We should expect a major retrenchment of regulatory intrusions across the economy – from energy to crypto. Combined with recent Supreme Court action, such as the Chevron reversal, and assisted by the Elon Musk’s substance and narrative, it could be a regulatory renaissance. Extension of the 2017 tax cuts also becomes far more likely.
- Trump has never worried much about debt, deficits, or spending. But he’s tapped Elon Musk as government efficiency czar. It’s an orthogonal approach to spending reform instead of the traditional (and unsuccessful) Paul Ryan playbook. Can this good cop-bad cop duo at the very least return out-of-control outlays to a pre-Covid path? Can they at least cancel purely kleptocratic programs, such as the $370-billion Green Energy slush funds? Might they go even further – leveraging the unpopular spending explosion and resulting inflation to achieve more revolutionary effects on government spending and reach? Or will the powerful and perennial forces of government expansion win yet again, sustaining a one-way ratchet not even Elon can defeat?
- What if the economy turns south? One catalyst might be the gigantic unrealized bond losses on bank balance sheets; another might be commercial real estate collapse. Although reported GDP growth has been okay, the inflation hangover is helping Trump win on the economy. But many believe the post-pandemic economic expansion is merely a sugar-high and has already lasted longer than expected. A downturn early in Trump’s term could complicate many of his plans.
- How will NATO and its transatlantic network respond? Or more generally, what will the neocon and neoliberal hawks, concentrated in DC and the media, but little loved otherwise, do? Does this item from Anne Applebaum — arguing Trump resembles Hitler, Mussolini, and Stalin all rolled into one — portend continued all-out war on prudent foreign policy? Or will they adopt a more sophisticated approach? If the neocons move wholesale and formally (back) into the Democratic fold, how long will the coalition of wokes and militarists hold? On the economic front, Europe, already underperforming vis-a-vis the US, will fall even further behind without big changes. Reformers should gain at the expense of the transatlantic WEF-style bureaucrats.
- Can Trump avoid another internal sabotage of his Administration? Before then, if the election results are tight, will the Democrats seek to complicate or even block his inauguration? Can he win approval for his appointees in the Senate? Can he clean house across the vast public agencies? How long will it take to recruit, train, and reinvigorate talented military leadership, which we chased away in recent years? And how will Trump counter – and avoid overreacting to – taunts, riots, unrest, and lawfare, designed to bolster the case he’s an authoritarian?
- Will the Democrats reorient toward the center, a la Bill Clinton? Or will the blinding hatred of Trump fuel yet more radicalism? Orthodox political thinking suggests a moderation. Especially if Trump wins the popular vote, or comes close, pragmatic Democrats will counsel a reformation. James Carville, for example, already complains that his party careened recklessly away from male voters. And Trump’s apparent pickups among Black and Latino voters complicate the Democrats’ longstanding identity-focused strategy. Other incentives might push toward continued belligerence and extreme wokeness, however, and thus an intra-party war.
- Will the half of the country which inexplicably retains any confidence in the legacy media at least begin rethinking its information diet and filters? Or has the infowarp inflicted permanent damage?
- Will big business, which shifted hard toward Democrats over the last 15 years, recalibrate toward the GOP? Parts of Silicon Valley over the last year began a reorientation — e.g. Elon Musk, Marc Andreessen, David Sacks, and before them, Peter Thiel in 2016. But those are the entrepreneurs. In the receding past, businesses large and small generally lined up against government overreach. Then Big Business and Big Government merged. Now, a chief divide is between politically-enmeshed bureaucratic businesses and entrepreneurial ones. Does the GOP even want many of the big guys back? The GOP’s new alignment with “Little Tech” is an exciting development, especially after being shut out of Silicon Valley for the last two decades.
- Industry winners: traditional energy, nuclear energy, Little Tech. Industry losers: Green Energy, Big Tech, Big Pharma, Big Food. Individual winners: X (nee Twitter), Elon Musk, RFK, Jr.
- How will the Censorship Industrial Complex react? A Trump win will pose both a symbolic and operational blow to governmental, non-governmental, old media, and new media outlets determined to craft and control facts and narratives. It will complicate their mission, funding, and organizational web. Will they persist in their “mis/disinformation” framing and their badgering of old media and social media companies to moderate content aggressively? Or will they devise a new strategy? A.I. is pretty clearly the next frontier in the information wars. How will those who propagandize and rewire human minds attempt to program and prewire artificial ones?
- How will Trump integrate RFK, Jr. and his movement? Will RFK, Jr. achieve real influence, especially on health issues? Big Pharma and Big Public Health will wage a holy war to block reforms in general and accountability for Covid mistakes in particular.
- Trump has promised to end the war between Russia and Ukraine. On one hand, it should be easy. Despite what you hear from DC media and think tanks, Ukraine is losing badly. Hundreds of thousands are dead, and its military is depleted and faltering. Ukraine should want a deal quickly, before it loses yet more people and territory. Russia, meanwhile, always said it wants a deal, even before the war started, focusing on Ukrainian neutrality. Why Ukrainian neutrality should bother the US was always a mystery. And yet even critics of the West’s support for Ukraine, who want an agreement, think it will be difficult to achieve. The Western foreign policy establishment has invested too much credibility and emotion. It will charge “appeasement” and “betrayal” and make any deal difficult for Trump. Russia, meanwhile, has secured so much territory and now has Odessa and Kharkiv in its sights. Putin will not be eager to accept a deal he would have taken in 2021 or before. The far better path for all involved was a pre-war agreement, or the one negotiated but scuttled in April 2022.
- What if A.I. launches a new productivity boom, enabled by an agenda of energy abundance, including a nuclear power revival? The economic tailwinds could remake politics even more than we currently see.
- Can Trump, having run and won his last campaign, consolidate gains by reaching out and uniting the portions of the country willing to take an extended hand?
Republished from the author’s Substack
Author
From the Brownstone Institute
For the first time in 30 years, we have gone a long swath of time – since October 8-10 – since this service has chronicled the life of the Internet in real time.
Instances of censorship are growing to the point of normalization. Despite ongoing litigation and more public attention, mainstream social media has been more ferocious in recent months than ever before. Podcasters know for sure what will be instantly deleted and debate among themselves over content in gray areas. Some like Brownstone have given up on YouTube in favor of Rumble, sacrificing vast audiences if only to see their content survive to see the light of day.
It’s not always about being censored or not. Today’s algorithms include a range of tools that affect searchability and findability. For example, the Joe Rogan interview with Donald Trump racked up an astonishing 34 million views before YouTube and Google tweaked their search engines to make it hard to discover, while even presiding over a technical malfunction that disabled viewing for many people. Faced with this, Rogan went to the platform X to post all three hours.
Navigating this thicket of censorship and quasi-censorship has become part of the business model of alternative media.
Those are just the headline cases. Beneath the headlines, there are technical events taking place that are fundamentally affecting the ability of any historian even to look back and tell what is happening. Incredibly, the service Archive.org which has been around since 1994 has stopped taking images of content on all platforms. For the first time in 30 years, we have gone a long swath of time – since October 8-10 – since this service has chronicled the life of the Internet in real time.
As of this writing, we have no way to verify content that has been posted for three weeks of October leading to the days of the most contentious and consequential election of our lifetimes. Crucially, this is not about partisanship or ideological discrimination. No websites on the Internet are being archived in ways that are available to users. In effect, the whole memory of our main information system is just a big black hole right now.
The trouble on Archive.org began on October 8, 2024, when the service was suddenly hit with a massive Denial of Service attack (DDOS) that not only took down the service but introduced a level of failure that nearly took it out completely. Working around the clock, Archive.org came back as a read-only service where it stands today. However, you can only read content that was posted before the attack. The service has yet to resume any public display of mirroring of any sites on the Internet.
In other words, the only source on the entire World Wide Web that mirrors content in real time has been disabled. For the first time since the invention of the web browser itself, researchers have been robbed of the ability to compare past with future content, an action that is a staple of researchers looking into government and corporate actions.
It was using this service, for example, that enabled Brownstone researchers to discover precisely what the CDC had said about Plexiglas, filtration systems, mail-in ballots, and rental moratoriums. That content was all later scrubbed off the live Internet, so accessing archive copies was the only way we could know and verify what was true. It was the same with the World Health Organization and its disparagement of natural immunity which was later changed. We were able to document the shifting definitions thanks only to this tool which is now disabled.
What this means is the following: Any website can post anything today and take it down tomorrow and leave no record of what they posted unless some user somewhere happened to take a screenshot. Even then there is no way to verify its authenticity. The standard approach to know who said what and when is now gone. That is to say that the whole Internet is already being censored in real time so that during these crucial weeks, when vast swaths of the public fully expect foul play, anyone in the information industry can get away with anything and not get caught.
We know what you are thinking. Surely this DDOS attack was not a coincidence. The time was just too perfect. And maybe that is right. We just do not know. Does Archive.org suspect something along those lines? Here is what they say:
Last week, along with a DDOS attack and exposure of patron email addresses and encrypted passwords, the Internet Archive’s website javascript was defaced, leading us to bring the site down to access and improve our security. The stored data of the Internet Archive is safe and we are working on resuming services safely. This new reality requires heightened attention to cyber security and we are responding. We apologize for the impact of these library services being unavailable.
Deep state? As with all these things, there is no way to know, but the effort to blast away the ability of the Internet to have a verified history fits neatly into the stakeholder model of information distribution that has clearly been prioritized on a global level. The Declaration of the Future of the Internet makes that very clear: the Internet should be “governed through the multi-stakeholder approach, whereby governments and relevant authorities partner with academics, civil society, the private sector, technical community and others.” All of these stakeholders benefit from the ability to act online without leaving a trace.
To be sure, a librarian at Archive.org has written that “While the Wayback Machine has been in read-only mode, web crawling and archiving have continued. Those materials will be available via the Wayback Machine as services are secured.”
When? We do not know. Before the election? In five years? There might be some technical reasons but it might seem that if web crawling is continuing behind the scenes, as the note suggests, that too could be available in read-only mode now. It is not.
Disturbingly, this erasure of Internet memory is happening in more than one place. For many years, Google offered a cached version of the link you were seeking just below the live version. They have plenty of server space to enable that now, but no: that service is now completely gone. In fact, the Google cache service officially ended just a week or two before the Archive.org crash, at the end of September 2024.
Thus the two available tools for searching cached pages on the Internet disappeared within weeks of each other and within weeks of the November 5th election.
Other disturbing trends are also turning Internet search results increasingly into AI-controlled lists of establishment-approved narratives. The web standard used to be for search result rankings to be governed by user behavior, links, citations, and so forth. These were more or less organic metrics, based on an aggregation of data indicating how useful a search result was to Internet users. Put very simply, the more people found a search result useful, the higher it would rank. Google now uses very different metrics to rank search results, including what it considers “trusted sources” and other opaque, subjective determinations.
Furthermore, the most widely used service that once ranked websites based on traffic is now gone. That service was called Alexa. The company that created it was independent. Then one day in 1999, it was bought by Amazon. That seemed encouraging because Amazon was well-heeled. The acquisition seemed to codify the tool that everyone was using as a kind of metric of status on the web. It was common back in the day to take note of an article somewhere on the web and then look it up on Alexa to see its reach. If it was important, one would take notice, but if it was not, no one particularly cared.
This is how an entire generation of web technicians functioned. The system worked as well as one could possibly expect.
Then, in 2014, years after acquiring the ranking service Alexa, Amazon did a strange thing. It released its home assistant (and surveillance device) with the same name. Suddenly, everyone had them in their homes and would find out anything by saying “Hey Alexa.” Something seemed strange about Amazon naming its new product after an unrelated business it had acquired years earlier. No doubt there was some confusion caused by the naming overlap.
Here’s what happened next. In 2022, Amazon actively took down the web ranking tool. It didn’t sell it. It didn’t raise the prices. It didn’t do anything with it. It suddenly made it go completely dark.
No one could figure out why. It was the industry standard, and suddenly it was gone. Not sold, just blasted away. No longer could anyone figure out the traffic-based website rankings of anything without paying very high prices for hard-to-use proprietary products.
All of these data points that might seem unrelated when considered individually, are actually part of a long trajectory that has shifted our information landscape into unrecognizable territory. The Covid events of 2020-2023, with massive global censorship and propaganda efforts, greatly accelerated these trends.
One wonders if anyone will remember what it was once like. The hacking and hobbling of Archive.org underscores the point: there will be no more memory.
As of this writing, fully three weeks of web content have not been archived. What we are missing and what has changed is anyone’s guess. And we have no idea when the service will come back. It is entirely possible that it will not come back, that the only real history to which we can take recourse will be pre-October 8, 2024, the date on which everything changed.
The Internet was founded to be free and democratic. It will require herculean efforts at this point to restore that vision, because something else is quickly replacing it.
Authors
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