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International

Supreme Court Agrees to Hear Missouri v. Biden

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From the Brownstone Institute

BY Aaron KheriatyAARON KHERIATY  

The Supreme Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden. As I mentioned in previous posts, the injunction would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech.

My fellow plaintiffs and I welcome this opportunity to defend the First Amendment rights of all Americans in the U.S. Supreme Court. We expect to hear from the Court soon regarding the hearing dates—it could be in February or March.

The Fifth Circuit panel of judges last month upheld the key components of U.S. District Judge Terry Doughty’s July 4 preliminary injunction order, prohibiting named federal officials from coercing or significantly encouraging social media companies to suppress legal speech.

That decision vindicated our claims that we—and countless other Americans—were blacklisted, shadow-banned, deboosted, throttled, and suspended on social media as part of the government’s years-long censorship campaign orchestrated by the federal government.

The Biden Administration’s censorship regime has successfully suppressed perspectives contradicting government-approved views on hotly disputed topics such as whether natural immunity to covid exists, the safety and efficacy of Covid-19 vaccines, the virus’s origins, and mask mandate efficacy.

Beyond covid, the documents we’ve obtained on discovery demonstrate that the government was also censoring critiques of its foreign policy, monetary policy, election infrastructure, and lighting rod social issues from abortion to gender ideology.

The vast, coordinated, and well-documented effort has silenced influential, highly qualified voices including doctors and scientists like my co-plaintiffs Dr. Bhattacharya and Dr. Kulldorff, as well as those like Jill Hines who have tried to raise awareness of issues. Though the US Supreme Court temporarily stayed the Fifth Circuit’s injunction until they make a ruling, I believes the Justices are ultimately unlikely to permit the egregious First Amendment abridgements our case has exposed.

The Fifth Circuit recognized that the Plaintiffs did “not challenge the social-media platforms’ content-moderation policies.” Rather, Plaintiffs challenged the government’s unlawful efforts to influence “enforcement of those policies.” The government gravely harmed the ability of Americans to convey their views to the public, and it deprived Americans of their right to hear opinions that differ from the government’s. Judge Doughty strikingly described the Administration’s conduct as “arguably the most massive attack against free speech in United States history” and “akin to an Orwellian Ministry of Truth.” He was right, and the US Supreme Court must not permit it.

Here are some reactions to the news from our lawyers at NCLA:

“NCLA is thrilled to have the opportunity to vindicate the First Amendment rights of our clients, and all Americans, in the nation’s highest court. We are confident that after a thorough review of the disturbing facts in this important case—which involves unprecedented government-imposed, viewpoint-based censorship—the Court will recognize the grievous, unconstitutional nature of the government’s conduct and enjoin it.”
— Jenin Younes, Litigation Counsel, NCLA

“We are disappointed Americans’ First Amendment rights will be vulnerable to government infringement until this case is decided. But we are confident this Court, as strong as it is on First Amendment issues, will rule against the government and uphold our clients’ rights and liberties.”
— John Vecchione, Senior Litigation Counsel, NCLA

“If anything, the Fifth Circuit’s decision did not go far enough in enjoining the reprehensible conduct exposed in this case. The facts of this case show government agencies censored speech in a deliberate effort to control the narrative on several controversial topics ahead of the last election. The First Amendment forbids such censorship, and the Supreme Court must never allow such mischief again, if we are to keep our democracy.”
— Mark Chenoweth, President, NCLA

Republished from the author’s Substack

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  • Aaron Kheriaty

    Aaron Kheriaty, Senior Brownstone Scholar and 2023 Brownstone Fellow, is a psychiatrist working with the Unity Project. He is a former Professor of Psychiatry at the University of California at Irvine School of Medicine, where he was the director of Medical Ethics.

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International

Germany launches first permanent foreign troop deployment since WW2

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Quick Hit:

Germany activated a 5,000-strong armored brigade in Lithuania — marking its first permanent foreign military deployment since World War II. The move strengthens NATO’s eastern flank amid Ukraine’s ongoing conflict with Russia.

Key Details:

  • The 45th Armored Brigade was formally launched outside Vilnius on Tuesday.
  • Germany plans for the brigade to be fully operational by 2027 in Rūdninkai, near the Belarus border.
  • The deployment marks a major policy shift for Berlin and a boost for NATO’s deterrence posture.

Diving Deeper:

Germany has officially entered a new era of military engagement, launching its first permanent foreign troop deployment since the end of World War II. The move, announced Tuesday, sees the activation of a 5,000-strong armored brigade in Lithuania as part of a broader NATO strategy to counter the perceived threat from Russia.

The newly formed 45th Armored Brigade was ceremonially inaugurated outside the Lithuanian capital, Vilnius. German Brigadier General Christoph Huber assumed command, overseeing the establishment of a temporary headquarters and unveiling the unit’s crest. “We have a clear mission: to ensure the protection, freedom and security of our Lithuanian allies on NATO’s eastern flank,” Huber said, adding that the unit’s presence also directly contributes to the defense of Germany and NATO as a whole.

The deployment follows a pledge made by Berlin in 2023 — a decision that broke with decades of postwar defense policy rooted in military restraint. German officials had long avoided permanently stationing combat troops abroad. That posture has changed in response to Russia’s ongoing war in Ukraine, which has turned the Baltic region into one of NATO’s most vulnerable frontlines.

Germany’s commitment includes more than just fighting forces. The brigade will also feature key support elements, such as a medical center, communications specialists, and command support units dispersed across multiple Lithuanian locations. Troops will initially operate out of temporary facilities, with a permanent base under construction in Rūdninkai, located roughly 30 kilometers south of Vilnius.

Currently, 150 German soldiers are already on the ground in Lithuania. That figure is expected to rise to 500 by the end of the year as the new brigade scales up operations.

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Censorship Industrial Complex

China announces “improvements” to social credit system

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Quick Hit:

Beijing released new guidelines Monday to revamp its social credit system, promising stronger information controls while deepening the system’s reach across China’s economy and society. Critics say the move reinforces the Communist Party’s grip under the banner of “market efficiency.”

Key Details:

  • The guideline was issued by top Chinese government and Communist Party offices, listing 23 measures to expand and standardize the social credit system.
  • It aims to integrate the credit system across all sectors of China’s economy to support what Beijing calls “high-quality development.”
  • Officials claim the new framework will respect information security and individual rights—despite growing global concerns over surveillance and state overreach.

Diving Deeper:

China is doubling down on its social credit system with a newly issued guideline meant to “improve” and expand the controversial surveillance-driven program. Released by both the Communist Party’s Central Committee and the State Council, the document outlines 23 specific measures aimed at building a unified national credit system that will touch nearly every corner of Chinese society.

Framed as a tool for “high-quality development,” the guideline declares that credit assessments will increasingly shape the rules of engagement for businesses, government agencies, and individual citizens. The system, according to the National Development and Reform Commission (NDRC), has already played a role in shaping China’s financial services, government efficiency, and business environment.

Critics of the social credit system have long warned that it serves as an instrument of authoritarian control—monitoring citizens’ behavior, punishing dissent, and rewarding obedience to the Communist Party. By integrating credit data across all sectors and enforcing a “shared benefits” model, the new guideline appears to entrench, not ease, the Party’s involvement in everyday life.

Still, Beijing is attempting to temper foreign and domestic concerns over privacy. The NDRC emphasized that the system is being built on the “fundamental principle” of protecting personal data. Officials pledged to avoid excessive data collection and crack down on any unlawful use of information.

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