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Justice Jackson slammed for suggesting First Amendment is ‘hamstringing’ government
Supreme Court Justice Ketanji Brown Jackson
From LifeSiteNews
By Matt Lamb
Free speech advocates blasted Justice Jackson for defending government censorship efforts and criticizing conservative views about the First Amendment as ‘hamstringing the government.’
Comments made by Supreme Court Justice Ketanji Jackson during a hearing on Monday raised concerns among free speech advocates.
The Supreme Court heard arguments Monday in Murthy v. Missouri, a case concerning collusion efforts between the Biden administration and Big Tech to censor speech about topics like the integrity of the 2020 election and the dangers of the COVID jabs.
“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time period,” Justice Jackson asked Louisiana Solicitor General Benjamin Aguiñaga.
She said further:
Some might say that the government actually has a duty to take steps to protect the citizens of this country, and you seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information.
So, can you help me? Because I’m really worried about that. Because you’ve got the First Amendment operating in an environment of threatening circumstances, from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems.
“Interact” refers to Biden administration officials working closely with X (formerly known as Twitter), Facebook, Instagram, and other platforms to censor speech. In one example, a Biden administration official quickly got Instagram to delete a parody account of Dr. Anthony Fauci.
The comments from Jackson drew criticism from conservatives and free speech advocates.
Missouri Attorney General Andrew Bailey said the “hamstringing” nature of the First Amendment is what makes it valuable.
“It is hamstringing, and it’s supposed to. The whole purpose of the Constitution is to protect us from the government, and the government exists to protect our rights,” Bailey told Fox News. “But here, the federal government is ignoring our First Amendment protections and weaponizing the federal government to silence our voices.
“Free speech is the fundamental lifeblood of all advocacy and even advanced civilization itself. Justice Jackson’s ‘biggest concern’ here – that the government has a duty to take steps to censor speech it deems ‘harmful’ on social media platforms – is exceedingly improper,” Title IX for All, a civil liberties group, wrote on X.
“Yes. The first amendment does limit the government. That’s the point of it,” Rick Esenberg, president of the Wisconsin Institute for Law and Liberty, wrote on X.
Charlie Kirk, president of Turning Point USA, pointed out Jackson could not define what a woman is during her Supreme Court hearing.
Jackson also earlier suggested that a “once-in-a-lifetime pandemic” could justify restrictions on free speech, essentially adopting the arguments of the Biden administration.
“I mean, I understood our First Amendment jurisprudence to require heightened scrutiny of government restrictions of speech but not necessarily a total prohibition when you’re talking about a compelling interest of the government to ensure, for example, that the public has accurate information in the context of a once-in-a-lifetime pandemic.”
Many assertions regarding COVID-19 promoted by the Biden administration have since proven to be false, including claims that COVID shots and masks stop transmission of the virus and that COVID shots are not harmful and are beneficial for children.
armed forces
Top Brass Is On The Run Ahead Of Trump’s Return
From the Daily Caller News Foundation
By Morgan Murphy
With less than a month to go before President-elect Donald Trump takes office, the top brass are already running for cover. This week the Army’s chief of staff, Gen. Randy George, pledged to cut approximately a dozen general officers from the U.S. Army.
It is a start.
But given the Army is authorized 219 general officers, cutting just 12 is using a scalpel when a machete is in order. At present, the ratio of officers to enlisted personnel stands at an all-time high. During World War II, we had one general for every 6,000 troops. Today, we have one for every 1,600.
Right now, the United States has 1.3 million active-duty service members according to the Defense Manpower Data Center. Of those, 885 are flag officers (fun fact: you get your own flag when you make general or admiral, hence the term “flag officer” and “flagship”). In the reserve world, the ratio is even worse. There are 925 general and flag officers and a total reserve force of just 760,499 personnel. That is a flag for every 674 enlisted troops.
The hallways at the Pentagon are filled with a constellation of stars and the legions of staffers who support them. I’ve worked in both the Office of the Secretary of Defense and the Joint Chiefs of Staff. Starting around 2011, the Joint Staff began to surge in scope and power. Though the chairman of the Joint Chiefs is not in the chain of command and simply serves as an advisor to the president, there are a staggering 4,409 people working for the Joint Staff, including 1,400 civilians with an average salary of $196,800 (yes, you read that correctly). The Joint Staff budget for 2025 is estimated by the Department of Defense’s comptroller to be $1.3 billion.
In contrast, the Secretary of Defense — the civilian in charge of running our nation’s military — has a staff of 2,646 civilians and uniformed personnel. The disparity between the two staffs threatens the longstanding American principle of civilian control of the military.
Just look at what happens when civilians in the White House or the Senate dare question the ranks of America’s general class. “Politicizing the military!” critics cry, as if the Commander-in-Chief has no right to question the judgement of generals who botched the withdrawal from Afghanistan, bought into the woke ideology of diversity, equity and inclusion (DEI) or oversaw over-budget and behind-schedule weapons systems. Introducing accountability to the general class is not politicizing our nation’s military — it is called leadership.
What most Americans don’t understand is that our top brass is already very political. On any given day in our nation’s Capitol, a casual visitor is likely to run into multiple generals and admirals visiting our elected representatives and their staff. Ostensibly, these “briefs” are about various strategic threats and weapons systems — but everyone on the Hill knows our military leaders are also jockeying for their next assignment or promotion. It’s classic politics
The country witnessed this firsthand with now-retired Gen. Mark Milley. Most Americans were put off by what they saw. Milley brazenly played the Washington spin game, bragging in a Senate Armed Services hearing that he had interviewed with Bob Woodward and a host of other Washington, D.C. reporters.
Woodward later admitted in an interview with CNN that he was flabbergasted by Milley, recalling the chairman hadn’t just said “[Trump] is a problem or we can’t trust him,” but took it to the point of saying, “he is a danger to the country. He is the most dangerous person I know.” Woodward said that Milley’s attitude felt like an assignment editor ordering him, “Do something about this.”
Think on that a moment — an active-duty four star general spoke on the record, disparaging the Commander-in-Chief. Not only did it show rank insubordination and a breach of Uniform Code of Military Justice Article 88, but Milley’s actions represented a grave threat against the Constitution and civilian oversight of the military.
How will it play out now that Trump has returned? Old political hands know that what goes around comes around. Milley’s ham-handed political meddling may very well pave the way for a massive reorganization of flag officers similar to Gen. George C. Marshall’s “plucking board” of 1940. Marshall forced 500 colonels into retirement saying, “You give a good leader very little and he will succeed; you give mediocrity a great deal and they will fail.”
Marshall’s efforts to reorient the War Department to a meritocracy proved prescient when the United States entered World War II less than two years later.
Perhaps it’s time for another plucking board to remind the military brass that it is their civilian bosses who sit at the top of the U.S. chain of command.
Morgan Murphy is military thought leader, former press secretary to the Secretary of Defense and national security advisor in the U.S. Senate.
Daily Caller
Former FBI Asst Director Warns Terrorists Are ‘Well Embedded’ In US, Says Alert Should Be ‘Higher’
Chris Swecker on “Anderson Cooper 360” discussing terror threat
From the Daily Caller News Foundation
By Hailey Gomez
Former FBI Assistant Director Chris Swecker warned Friday on CNN that terrorists are “well embedded” within the United States, stating the threat level should be “higher” following an attack in Germany.
A 50-year-old Saudi doctor allegedly drove his car into a crowded Christmas market in Magdeburg, Germany on Friday leaving at least two people dead and nearly 70 injured so far. On “Anderson Cooper 360,” Swecker was asked if he believes there is a potential “threat” to the U.S. as concerns have risen since the “fall of Afghanistan.”
“I think so,” Swecker said. “I mean, we’ve heard FBI Director Chris Wray talk about this in conjunction with the relative ease of getting across the southern border. And, you know, there’s no question that terrorists have come across that border, whether they’re lone terrorists or terrorist cells. And they’re well embedded inside this country.”
WATCH:
“I’ve worked terrorist cases. Hezbollah has always had a presence here. They raise funds here, and they can always be called into action as an active terrorist cell,” Swecker added. “So I think the alert here, especially around Christmas time, is elevated. It probably ought to be higher than what it is right now, because I mentioned that complacency earlier. And I fear that complacency as someone who has a background in this field.”
Concerns over the Biden-Harris administration’s handling of the U.S. southern border have raised questions over the vetting process of illegal immigrants entering the country.
On Tuesday United States Border Patrol (USPB) Chief Jason Owens announced in a social post that an unidentified South African national who was “suspected of terror” was arrested in Brooklyn, N.Y. The illegal immigrant had originally been detained in Texas for criminal trespassing but was released due to the “information available at the time.”
In August an estimated 99 individuals on the U.S. terrorist watch list had been released into the country after crossing through the southern border, according to a congressional report. The report found that between fiscal years 2021 and 2023 USBP agents encountered more than 250 illegal migrants on the terrorist watchlist, with nearly 100 of those individuals being later released into the U.S. by the Department of Homeland Security.
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