Brownstone Institute
Journalistic Malpractice at The New York Times
From the Brownstone Institute
The federal bureaucracy has hijacked our information centers to protect their own interests. They’ve stifled dissent to perpetuate their power, and the mainstream press has bowed to the Leviathan. Supreme Court Justices, perhaps the last line of defense against the tyrants’ aspiration to codify totalitarianism into law, appear primed to abandon the First Amendment.
An obsequious press corps now serves as the mouthpiece for the country’s vast censorship apparatus. Last Sunday, The New York Times ran a front page story “How Trump’s Allies Are Winning the War Over Disinformation.”
The Gray Lady covered the battle for the First Amendment in familiar doublethink. As we’ve covered throughout the Missouri v. Biden (now Murthy v. Missouri) proceedings, the censors deny the censorship exists while insisting we should be thankful that it does.
Government lawyers have argued that plaintiffs manufactured the case, and the allegations of censorship are nothing more than “an assortment of out-of-context quotes and select portions of documents that distort the record to build a narrative that the bare facts simply do not support.” At the same time, they insist the censorship is necessary “to prevent grave harm to the American people and our democratic processes.”
Harvard Law Professor Larry Tribe followed their lead, arguing that the private-public censorship apparatus is a “thoroughly debunked conspiracy theory” but that eliminating it “will make us less secure as a nation and will endanger us all every day.”
Now, The New York Times and other news outlets have joined in supporting the censors. The piece cites Nina Jankowicz, the aspiring tyrant known for her Mary Poppins-themed calls for censorship, who claimed there was “no shred of evidence” behind allegations that the Biden administration called to stifle dissent.
The article describes the censorship apparatus as a farcical right-wing fever dream in which President Trump “casts himself as victim and avenger of a vast plot to muzzle his movement.” At the same time, the authors cite the American Intelligence Community’s leading advocates for restricting the flow of information.
Jankowicz headed the Department of Homeland Security’s board on disinformation until the Biden administration suspended the Domestic Ministry of Truth in response to reports that Jankowicz was a prolific spreader of misinformation, including the Steele Dossier and the Hunter Biden laptop.
Jankowicz complained, without irony, to the Times that the resistance to online censorship created a “chilling effect.” She explained, “Nobody wants to be caught up in it.”
The Times also quoted Katie Starbird, who said that “the people that benefit from the spread of disinformation have effectively silenced many of the people that would try to call them out.” The Gray Lady did not note the irony that Starbird claimed to be “silenced” as the paper of record quoted her on the front page of the Sunday edition, nor did they explain her role at CISA, the Department of Homeland Security agency at the center of the censorship industry.
While serving on CISA’s “Misinformation & Disinformation” subcommittee, Starbird lamented that many Americans seem to “accept malinformation as ‘speech’ and within democratic norms.” Of course, those “norms” have been protected by the First Amendment for over 200 years. But CISA – led by zealots like Dr. Starbird – appointed themselves the arbiters of truth and worked with the most powerful information companies in the world to purge dissent.
The Times, Starbird, and Jankowicz represent the foundational lie underpinning the entire censorship complex: that the government and its bureaucrats hold a monopoly on truth. Justice Ketanji Brown Jackson apparently shared this view in oral arguments for Murthy v. Missouri, as she advocated for the right to abridge free speech provided the government offers a “compelling state interest.”
The First Amendment does not discriminate between true and false ideas; it offers a blanket protection of speech regardless of veracity. But notwithstanding legal protections, the Government has been the most prolific spreader of “misinformation” in the last four years. From natural immunity, to lockdowns, to vaccine efficacy, to mask mandates, to travel restrictions, to fatality rates, the “trust the science” crowd has silenced dissent that has often been more accurate than their government decrees.
In this process, left-wing institutions have abandoned their liberal values in the pursuit of power. As Brownstone outlined in “A Close Look at the Amici Briefs in Murthy v. Missouri,” supposedly liberal groups like Stanford University and Democratic Attorneys General urged the Court to promote censorship while the ACLU remained derelict in silence.
Journalists – once heralded as the Fourth Estate – have joined forces with the regime to disparage its challengers. In Slate, Mark Joseph Stern referred to Murthy v. Missouri as “inane” and “brain-meltingly dumb.” He made no effort to report the hundreds of pages in discovery that revealed the coordinated censorship campaigns directed from the White House, the Intelligence Community, and Big Tech, nor did he grapple with the laundry list of follies that flourished under government-sponsored censorship, including the Iraq War, Covid lockdowns, or Hunter Biden’s laptop.
Instead, he declares definitively that the Biden administration – the same one that proudly ignores the Court’s orders on student loans and demands the censorship of its political enemies – acted within its powers in response to “a once-in-a-century pandemic.”
These conclusory statements, utterly detached from the truth, are nothing new for Stern, whose work reveals him to be little more than a spokesman for the Democratic Party. In the confirmation hearings for Brett Kavanaugh, he called for increased investigations into Julie Swetnick’s easily-debunked allegation that Kavanaugh was a ring leader for a group of high school gang rapists. He described Christine Blasey Ford, a serial liar who has no evidence she ever met Kavanaugh, as a “folk hero to the left for the rest of time.” He chastised justices for not wearing masks as late as 2022 and derided judicial review of the nonsensical airline mask mandate as evidence of a “power-drunk juristocracy” and “badly broken” system.
Like so much of the authoritarian left, there is no nuance or variety to the power-seeking gambits. From mail-in voting to vaccine mandates to lockdowns to Elon Musk to affirmative action, the Slate author moves in lockstep with the mindless herd.
Stern is in no way remarkable, but he represents the transformation of the American left, which has ushered in a new era of authoritarianism draped in progressive language. Like Justice Jackson, the wolf comes in sheep’s clothing, dressed in politically correct standards of affirmative action and diversity politics. But the rainbow veneer cannot overcome the insidious threat to our republic.
The federal bureaucracy has hijacked our information centers to protect their own interests. They’ve stifled dissent to perpetuate their power, and the mainstream press has bowed to the Leviathan. Supreme Court Justices, perhaps the last line of defense against the tyrants’ aspiration to codify totalitarianism into law, appear primed to abandon the First Amendment.
A ruling for the government in Murthy v. Missouri could permanently transform the nation, the relationship between Government and private businesses, and Americans’ right to information. Even more alarmingly, it would suggest that due process no longer reigns supreme over political favoritism.
In Robert Bolt’s A Man for All Seasons, Thomas More asks his son-in-law, William Roper, if he would give the Devil the protection of the law. Roper responds that he’d “cut down every law in England” to get to the Devil.
“Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat?” More asks. “This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down…do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”
Justice Jackson, the Biden Administration, Katie Starbird, and their allies in the media may believe they have a divine mission to censor alleged misinformation, that the Devil’s reincarnation has taken multiple forms in the bodies of RFK Jr., Alex Berenson, Jay Bhattacharya, and others; under our Constitution, however, the self-professed nobility of their missions does not excuse violations of the First Amendment.
Let us hope the Court realizes the graveness of the threat.
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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