Censorship Industrial Complex
Kennedy, CHD win injunction in landmark censorship case against Biden administration
From LifeSiteNews
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website.
The court recognized that the “right of free speech is a fundamental constitutional right that is vital to the freedom of our nation, and the Kennedy plaintiffs have produced evidence of a massive effort by defendants, from the White House to federal agencies, to suppress speech based on its content.”
A federal judge on Wednesday handed Robert F. Kennedy Jr. and Children’s Health Defense (CHD) a partial win in their landmark censorship case alleging the Biden administration colluded with social media platforms to unlawfully censor online content.
Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana issued a preliminary injunction prohibiting key Biden administration officials and agencies from coercing or significantly encouraging social media platforms to suppress or censor online content.
However, Judge Doughty simultaneously issued a stay on the injunction until 10 days after the U.S. Supreme Court rules on a similar case, Murthy v. Missouri.
That case, filed in May 2022 by the attorneys general of Missouri and Louisiana and several individual plaintiffs, was originally filed as Missouri v. Biden.
The Supreme Court is set to hear arguments on March 18 on a preliminary injunction in Murthy v. Missouri.
Mary Holland, CHD president, told The Defender that the Valentine’s Day ruling was “a welcome Valentine to the Kennedy plaintiffs,” and “an important victory for the U.S. Constitution.”
She added:
“In a thorough decision, Judge Doughty reasoned that the plaintiffs do have ‘standing’ or the right to sue and be heard; that the defendants have engaged in coercion or significant encouragement to censorship and joint action with social media platforms; and that the court is required to issue the preliminary injunction.
“Further, because it is well-established that violations of free speech rights constitute irreparable injury, the Court acted even before an ultimate decision from the Supreme Court in Murthy v. Missouri. Judge Doughty wrote: ‘This Court … finds the balance of equities and the public interest strongly favors the issue of a preliminary injunction.’
“No doubt the Supreme Court will take account of this ruling as it hears oral arguments in Murthy v. Missouri on March 18.”
Wednesday’s ruling stems from a class-action lawsuit filed in March 2023 by Kennedy, now CHD chairman on leave, CHD and private citizen Connie Sampognaro against President Joe Biden, Dr. Anthony Fauci and other top administration officials and federal agencies.
The suit was filed on behalf of the more than 80% of Americans who access news through social media.
Judge Doughty consolidated Kennedy v. Biden and Murthy v. Biden in July 2023. Both cases were being argued in his court and had the same defendants and many common legal and factual issues.
Although the cases were consolidated, Doughty ruled that the District Court continues to have jurisdiction over Kennedy and CHD’s separate motion for a preliminary injunction, underscoring the fact that a delayed ruling would delay Kennedy from vindicating his claims.
The U.S. Department of Justice did not respond to The Defender’s request for comment.
‘The right of free speech is a fundamental constitutional right’
In his 24-page ruling, Judge Doughty found that several of the defendants in the Kennedy et al. v. Biden lawsuit were violating the plaintiffs’ free speech rights under the First Amendment, causing irreparable harm. He ordered them to cease these violations.
The court recognized that the “right of free speech is a fundamental constitutional right that is vital to the freedom of our nation, and the Kennedy plaintiffs have produced evidence of a massive effort by defendants, from the White House to federal agencies, to suppress speech based on its content.”
Plaintiffs alleged Biden administration officials “waged a systematic, concerted campaign” to compel the nation’s three largest social media companies to censor constitutionally protected speech.
The government, the lawsuit alleges, pressured social media platforms to directly suppress or censor Kennedy and CHD from major platforms and to do the same to content containing views about COVID-19 and other issues that contradicted the government narrative.
Kennedy and CHD argued the court should rule on the preliminary injunction now, because the case is different from Murthy v. Missouri, asks for a more specific injunction and because the defendants singled out Kennedy, who is a U.S. presidential candidate, for censorship.
In determining the merits of the plaintiffs’ motion, Doughty first had to rule on whether the plaintiffs had standing. On that issue, “the court provided strong concrete examples of government coercion or encouragement to censor, particularly with respect to Mr. Kennedy and CHD,” said Kim Mack Rosenberg, CHD general counsel.
Doughty cited evidence that defendants labeled Kennedy as part of the “Disinformation Dozen” who were eventually censored from social media and that some of CHD’s social media posts were also censored.
He also noted that the Centers for Disease Control and Prevention (CDC) worked with the Virality Project to reduce or delete social media posts by people and organizations they believed to be spreading “misinformation” about COVID-19.
The Virality Project explicitly listed Kennedy and CHD in the fifth and second place as the highest performing weekly social-media engagement incidents, he wrote.
“This evidence also was key in the Court’s decision that plaintiffs met all the requirements to support issuing the injunction and that the balance of equities favored plaintiffs here,” Mack Rosenberg added.
Doughty also found the plaintiffs are likely to succeed on the merits of their claim, writing:
“As in Missouri v. Biden, the White House Defendants and the Surgeon General Defendants both coerced and significantly encouraged social-media platforms to suppress protected free speech.
“This Court further finds the CDC Defendants, the CISA [Cybersecurity and Infrastructure Security Agency] Defendants and the FBI Defendants significantly encouraged social-media platforms to suppress protected free speech.”
Defendants ‘likely’ to use their power to suppress alternative views in the future
The defendants have argued that the actions at stake occurred in the past and cannot be remedied by issuing an injunction prohibiting future actions and that there is no “imminent harm” to the defendants because the COVID-19 pandemic and the election where the alleged conduct occurred are in the past.
However, Doughty ruled that the alleged past actions also indicate there is a substantial risk of likely future harm.
“Defendants apparently continue to have meetings with social-media companies and other contacts,” he wrote, adding:
“Although the COVID-19 pandemic is no longer an emergency, it is likely that in the event of any other real or perceived emergency event, the Defendants likely would once again use their power over social-media companies to suppress alternative views.
“And it is certainly likely that Defendants could use their power over millions of people to suppress alternative views or moderate content they do not agree with in the upcoming 2024 national election.”
Although Doughty granted a substantial part of Kennedy et al.’s motion for a preliminary injunction against the White House, the surgeon general, the CDC, FBI and the CISA, he also denied the request for an injunction against several other agencies.
The injunction excluded the U.S. Department of State, the National Institute of Allergy and Infectious Diseases, the U.S. Food and Drug Administration, the U.S. Department of the Treasury, the U.S. Election Assistance Commission, and the U.S. Department of Commerce, who were also included in the plaintiffs’ request.
The Defender on occasion posts content related to Children’s Health Defense’s nonprofit mission that features Mr. Kennedy’s views on the issues CHD and The Defender regularly cover. In keeping with Federal Election Commission rules, this content does not represent an endorsement of Mr. Kennedy who is on leave from CHD and is running for president of the U.S. as an independent candidate.
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.
Censorship Industrial Complex
Congressional investigation into authors of ‘Disinformation Dozen’ intensifies
From LifeSiteNews
By Dr. Michael Nevradakis of The Defender
The Center for Countering Digital Hate, authors of ‘The Disinformation Dozen,’ faces a Nov. 21 deadline to provide Congress with documents related to its alleged collusion with the Biden administration and social media platforms to censor online users.
The Center for Countering Digital Hate (CCDH), authors of the “Disinformation Dozen,” faces a Nov. 21 deadline to provide Congress with documents related to its alleged collusion with the Biden administration and social media platforms to censor online users.
Rep. Jim Jordan (R-Ohio), chairman of the House Judiciary Committee, on Nov. 7 subpoenaed CCDH as part of an ongoing congressional investigation, launched in August 2023, into the nonprofit’s censorship-related activities.
The subpoena requests all communications and documents “between or among CCDH, the Executive Branch, or third parties, including social media companies, relating to the identification of groups, accounts, channels, or posts for moderation, deletion, suppression, restriction, or reduced circulation.”
The subpoena also requests all records, notes, and other “documents of interactions between or among CCDH and the Executive Branch referring or relating to ‘killing’ or taking adverse action against Elon Musk’s X social media platform (formerly Twitter).”
CCDH previously included Kennedy on its “Disinformation Dozen” list, published in March 2021, of the 12 “leading online anti-vaxxers.”
Leaked CCDH documents released last month by investigative journalists Paul D. Thacker and Matt Taibbi revealed that CCDH sought to “kill” Twitter and launch “black ops” against Robert F. Kennedy Jr., President-elect Donald J. Trump’s nominee for secretary of the U.S. Department of Health and Human Services (HHS).
CCDH included Kennedy, founder of Children’s Health Defense (CHD), on its list of “The Disinformation Dozen” when he was still chairman of CHD.
“Black ops” are defined as a “secret mission or campaign carried out by a military, governmental or other organization, typically one in which the organization conceals or denies its involvement.”
A subsequent report by Taibbi and Thacker showed that CCDH employed tactics it initially developed to help U.K. Prime Minister Keir Starmer and the U.S. Democratic Party, to target Musk, Kennedy and others.
CCDH used ‘explicit military terminology’ to target speech
Thacker told The Defender the leaked documents “definitely spurred” Jordan’s subpoena.
Sayer Ji, the founder of GreenMedInfo, was also listed among “The Disinformation Dozen.” He said the leaked documents were “chilling” and that CCDH’s efforts were part of “the largest coordinated foreign influence operation targeting American speech since 1776.”
Ji told The Defender:
The leaked documents confirm what we experienced firsthand: CCDH wasn’t just targeting 12 individuals – we were test cases for deploying military-grade psychological operations against civilians at scale.
Just as the British Crown once used seditious libel laws to silence colonial dissent, CCDH’s operation expanded to silence hundreds of millions globally, from doctors sharing clinical observations to parents discussing vaccine injuries.
Ohio physician Dr. Sherri Tenpenny, also on “The Disinformation Dozen” list, told The Defender, “The exposure of the manipulation that went on behind the scenes to silence us is what we suspected, and now we know … We have the sad last laugh against their attacks. They are the ones with blood on their hands.”
Ji said CCDH’s internal communications reveal not just bias, “but explicit military terminology – ‘black ops,’ ‘target acquisition,’ ‘strategic deployment’ – coordinated between Five Eyes networks and dark money interests to target constitutionally protected speech.”
Writing on GreenMedInfo, Ji said, “CCDH’s ‘black ops’ approach includes coordinated media smears, economic isolation, and digital censorship.” Ji said CCDH’s activities represent “a new level of institutionalized power directed at civilian targets, often bypassing constitutional safeguards.”
Thacker said Jordan’s investigation should expand to include CCDH’s “black ops.”
“I don’t want to speculate on what CCDH was doing with ‘black ops’ against Kennedy,” Thacker said. “I think that should be explored by a congressional committee, with CCDH CEO Imran Ahmed put under oath,” Thacker said.
CCDH facing multiple lawsuits, possible Trump administration investigation
Jordan’s subpoena is the latest in a series of legal challenges for CCDH. According to GreenMedInfo, the organization faces several lawsuits and government investigations.
Following last month’s CCDH document leak, the Trump campaign said an investigation into CCDH “will be at the top of the list.”
The campaign also filed a complaint against the Harris campaign with the Federal Election Commission, “for making and accepting illegal foreign national contributions” – namely, from the U.K. Labour Party.
This followed the release of evidence indicating that the Biden administration coordinated with the U.K. Foreign Office as part of what GreenMedInfo described “as a systematic censorship regime involving CCDH and affiliated organizations.”
A lawsuit Musk filed against CCDH in July 2023 for allegedly illegally obtaining data and using it in a “scare campaign” to deter advertisers from X will likely proceed on appeal. A federal court initially dismissed the lawsuit in March.
Discovery in the Missouri v. Biden free speech lawsuit may also “shed further light and legal scrutiny on the critical role that CCDH played in allegedly suppressing and violating the civil liberties of U.S. citizens,” according to GreenMedInfo.
CCDH, others flee X in protest
Earlier this week, CCDH deleted its account on X, the platform it wanted to “kill.”
Writing on Substack, Ji said CCDH’s departure from X, during the same week Trump nominated Kennedy to lead HHS, represents a “seismic shift” and marks “a watershed moment, signaling the unraveling of entrenched systems of control and the rise of a new era for health freedom and open discourse.”
Several other left-leaning organizations and individuals, including The Guardian and journalist Don Lemon, also said they will stop using X, after Trump tapped Musk to lead a federal agency tasked with increasing government efficiency.
According to NBC News, many ordinary users are also fleeing X, citing “bots, partisan advertisements and harassment, which they all felt reached a tipping point when Donald Trump was elected president last week with Musk’s support.”
But according to Adweek, X’s former top advertisers, including Comcast, IBM, Disney, Warner Bros. Discovery and Lionsgate Entertainment, resumed ad spending on the platform this year, but at “much lower rates” than before.
“Elon Musk’s ties with Donald Trump might spur some advertisers to think spending on X is good for business,” Adweek reported.
Thacker said CCDH’s deletion of its X account was “aligned” with the departure of “other organizations and ‘journalists’ aligned with the Democratic Party.” He said it appears to have been a “coordinated protest.”
Ji said organizations like CCDH view X “as an existential threat.” He added:
Having experienced both Twitter 1.0’s AI-driven censorship system and X’s more open environment, I understand exactly why CCDH sees X as an existential threat. X represents what Twitter 1.0’s embedded censorship infrastructure was designed to prevent: a truly free digital public square.
Under Musk’s commitment to free speech, their tactical advantage disappeared. They’re not leaving because X is toxic. They’re leaving because they can’t control it.
Online censorship ‘may no longer be sustainable under intensified scrutiny’
According to GreenMedInfo, CCDH’s departure from X “appears to reflect an internal recognition that their operational model – characterized by critics as a US-U.K. intelligence ‘cut-out’ facilitating unconstitutional suppression of civil liberties – may no longer be sustainable under intensified scrutiny.”
In recent months, several mainstream media outlets have corrected stories that relied upon CCDH reports claiming “The Disinformation Dozen” was responsible for up to two-thirds of vaccine-related “misinformation” online.
According to Thacker, this reflects an increasing awareness by such outlets that readers are turning their backs on such reporting.
“The outlets that promoted CCDH propaganda are being investigated by their own readers, who are fleeing in droves. Readers are voting against this type of propaganda by refusing to subscribe to these media outlets,” Thacker said.
Yet, “many outlets continue to host these demonstrably false narratives without correction,” Ji said.
According to Ji, these false narratives resulted in medical professionals fearing the loss of their licenses for expressing non-establishment views, self-censorship among scientists “to avoid career destruction,” suppression of “critical public health discussions” and the labeling of millions of posts as “misinformation.”
“This isn’t just about suppressing speech. It’s about establishing a new form of digital control that echoes the colonial-era suppression our founders fought against,” Ji said.
“CCDH has polluted political discourse by pretending there is some absolute definition of the term ‘misinformation’ and that they hold the dictionary,” Thacker said. “That’s nonsense. They spread hate and misinformation to attack perceived political enemies of the Democratic Party.”
Ji called upon Congress to investigate “The full scope of those silenced beyond the ‘Disinformation Dozen,’” the “systematic suppression of scientific debate,” “media organizations’ role in amplifying foreign influence operations” and “dark money funding networks” supporting such organizations.
Thacker said Congress should examine possible CCDH violations of the Foreign Agents Registration Act. “We need to also look at how much foreign money they took in and whether we as a nation are comfortable with foreign influence trying to alter the law and political discussions.”
“The fight isn’t just about correcting past wrongs or personal vindication. It’s about preserving fundamental rights to free speech and scientific inquiry in the digital age,” Ji said. “If we don’t address this systematic abuse of power, we risk surrendering the very freedoms our founders fought to establish.”
This article was originally published by The Defender – Children’s Health Defense’s News & Views Website. Please consider subscribing to The Defender or donating to Children’s Health Defense.
Aristotle Foundation
Toronto cancels history, again: The irony and injustice of renaming Yonge-Dundas Square to Sankofa Square
From the Aristotle Foundation
By
In 2022, Torontonians renamed Ryerson University to Toronto Metropolitan University, “to address the legacy of Egerton Ryerson.”1 Rather than remember him as the founder of Ontario’s system of “free” public schools and libraries, Ryerson was “cancelled” for his suggestions regarding the curriculum for the Indian residential schools that were then being proposed. However, the schools themselves were not built until some 30 years later, after Ryerson was dead. Further, modern complaints about the schools are generally misconceived and have little to do with the curriculum.2
In 2024, Toronto is at it again. This time, the historical figure targeted for cancellation is abolitionist Henry Dundas, as city officials seek to wipe his name from Yonge-Dundas Square. The square is a notable city landmark and one of Canada’s most popular tourist destinations. Filled with brightly lit electronic advertisement billboards, the square serves as an iconic social hub and venue for events connected to Toronto’s cultural festivals. The city’s former mayor, John Tory, summarized the case for renaming the famous square – based on a report from city hall – as follows:
An objective reading of the history, the significance of this street which crosses our city, the fact that Mr. Dundas had virtually no connection to Toronto and our strong commitment to equity, inclusion and reconciliation make this a unique and symbolically important change.3
The new name, “Sankofa Square,” is taken not from anything Torontonian, Ontarian, or even Canadian – but from the Akan people of West Africa.
Ironically, city officials not only appear ignorant of Henry Dundas’ many contributions to Canada, and to the abolition of slavery, but are also blissfully unaware that the Akan people of Africa were notorious slave traders responsible for capturing and selling one to two million of their fellow Africans into slavery.4
The man: Who was Henry Dundas?
Henry Dundas was a Scottish lawyer, politician, and one of British Prime Minister William Pitt’s most trusted and powerful ministers who served during the French Revolution and the Napoleonic wars.
Critically, Dundas was also a staunch abolitionist, committed to ending slavery as an institution in the British Empire and elsewhere in the world.
As early as 1777, when he was in his thirties, Dundas publicly established his abolitionist position on slavery. When Joseph Knight, a slave from Jamaica, was taken to Scotland by his owner, he challenged his status as a slave under Scottish law. Dundas, then Lord Advocate (principal legal advisor to the government), took on Knight’s case in his private capacity as a lawyer. On the final appeal before Scotland’s highest court, Dundas argued passionately, and with some humour, against the inhumanity of slavery:
We may possibly see the master chastising his slave as he does his ox or his horse. Perhaps, too, he may shoot him when he turns old […]
[But] [h]uman nature, my Lords, spurns at the thought of slavery among any part of our species.5
The court agreed and declared that no slave could remain a slave once they arrived on Scottish soil.6
A decade later, a religiously-inspired Christian abolition movement began in Britain (most famously personified by William Wilberforce) with the goal of ending the Atlantic slave trade. Dundas was a supporter of the movement, but urged that its members go further and challenge not just the Atlantic slave trade but seek the abolition of slavery itself – a much bigger challenge since at that time slavery was practiced on every inhabited continent.
During the 300 or more years the transatlantic slave trade existed, estimates are that 10 million to 12 million Africans were captured, enslaved, and sold by their fellow Africans. The purchasers were largely British, Portuguese, and French traders who acted as intermediaries in shipping slaves to the Americas for re-sale. The destination for 50 percent of the slaves was South America, 45 percent went to the West Indies, and about four percent went to what would become the United States.7,8 Dundas understood that, unless slavery itself was ended – with its unrelenting violence, forced labour, and premature death – slavery as an institution would continue for generations, since legally the children of slaves were considered chattel (like livestock) and were thus also slaves like their parents.
The controversy: Did Dundas’ abolitionism go far enough?
Dundas is criticized today for amending a motion in Britain’s Parliament in 1792.9 His original motion called for the immediate end to the slave trade. But outright abolition was unrealistic at the time, and thus historians agree that Dundas’ original motion would surely have failed.10 Moreover, Britain’s competitors – especially the Portuguese and French – would have simply picked up where Britain left off. Realizing this, Dundas made a strategic pivot and called for a gradual end to the slave trade. His strategy worked, and his amended motion succeeded with a significant majority.11
Change would take time. Only about one percent of the adult population had the right to vote,12 and many had at least an indirect financial interest in West Indian plantations (as did numerous Members of Parliament), and trade with the plantations generated income for businesses in England and tariff revenue for the Crown. Surmounting such entrenched interests would not happen overnight.
And this is why Dundas’ successful motion was key: it shifted the tenor of the public discourse. For the first time, ending the slave trade was up for debate. The British empire at this time was nearing its peak as the largest empire in history, with enormous influence, and thus this step was significant in the eventual abolition of slavery worldwide.
The Toronto connection: Dundas the humanitarian
For his role in abolishing slavery, Dundas ought to be celebrated. The same is true of his major influence on the colonies that would become Canada and, in particular, on what would become the province of Ontario and the city of Toronto. Importantly, that influence was wielded in support of issues that, today, would be described as relating to equity, inclusion, and reconciliation—ironically, the exact criteria (“commitments”) justifying the city’s condemnation of him.
Appointing Simcoe, the empire’s first legislator to outlaw slavery
Dundas was a close friend of John Graves Simcoe (another staunch abolitionist), and he appointed Simcoe as the first lieutenant-governor of Upper Canada in 1791. It was Simcoe who, two years later, would introduce the Act to Limit Slavery in Upper Canada, the very first legislation in the entire British empire to limit slavery.14
The legislation passed, beginning the abolition of slavery in the province. Although the legislation did not free slaves already present, it freed the children of such slaves at age 25, and made Upper Canada a safe haven for slaves fleeing the United States.15 Like the precedent Dundas set in Scotland, no slave could remain a slave on Upper Canadian soil. Over the next seven decades, more than 40,000 black men and women would risk their lives to escape slavery and find freedom in Upper Canada.
When Dundas appointed Simcoe, he knew about Simcoe’s abolitionist sympathies—and almost certainly anticipated the legislation he would propose.16 And thus, Dundas made possible what became known as the Underground Railroad.
Honouring black soldiers
Dundas also ordered the governors of Nova Scotia and New Brunswick to honour Britain’s promise of land grants to 4,000 former slaves who had fought for the British against the American Revolution, and to offer free passage – courtesy of the British navy – to any who preferred to return to Africa.17
Initiating official bilingualism
Upon the division of the then-province of Quebec into Upper Canada (present-day Ontario) and Lower Canada (present-day Quebec) in 1791, Dundas instructed the English governor of Lower Canada to allow French-speaking parliamentarians to pass laws in French.18 This was a serious point of disagreement in the newly formed legislative assembly, as the (powerful) English minority insisted all British subjects be governed in English. Dundas solved the impasse by ordering that legislation be passed in both languages, in what is the first example of official bilingualism in Canadian history. (For context, this occurred only months after England and France were, once again, at war; and thus this act was truly magnanimous.)19
Defending indigenous peoples
Finally, following American Independence, Yankee incursions into Canadian territory were a very real and constant threat. Dundas, as secretary of state for Home Affairs, instructed the Canadian governor Sir Guy Carleton to intervene against the Americans and protect the interests of the “Indian Nations”:
…securing to them the peaceable and quiet possession of the Lands which they have hitherto occupied as their hunting Grounds, and such others as may enable them to procure a comfortable subsistence for themselves and their families.20
The irony: Replacing the abolitionist with slave traders
Given the evidence, Toronto city council’s treatment of Dundas is clearly not only ahistorical but shameful. Regrettably, so is their adoption of the replacement, the term “Sankofa” from the Akan language. Little needs to be said here, other than this: The Akan peoples of West Africa were notorious slave traders. During the transatlantic slave trade, the Akan captured, enslaved, and sold one to two million fellow Africans into slavery. In other words, the Akan were the source of 10 to 20 percent of all transatlantic slaves.
Conclusion
The Toronto city council narrative surrounding the renaming of Yonge-Dundas Square flies in the face of historical fact. Dundas was demonstrably ahead of his time as a humanitarian. And as a politician, he was not only principled and morally courageous but effective. Dundas was one of the key figures in abolishing the slave trade, opening up the Underground Railroad, and protecting minorities of various backgrounds—black, French, and indigenous. If the city really wants to promote the act of “reflecting on and reclaiming teachings from the past,”21 as it claims, it might do well to start with the truth about Henry Dundas’ legacy. There may be times to rename a place or landmark, but this is not one of them.
Endnotes
About the author
Greg Piasetzki is a Toronto-based intellectual property lawyer, a senior fellow with the Aristotle Foundation for Public Policy, and a citizen of the Métis Nation of Ontario.
About the Aristotle Foundation for Public Policy
Who we are
The Aristotle Foundation for Public Policy is a new education and public policy think tank that aims to renew a civil, common-sense approach to public discourse and public policy in Canada.
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