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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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Daily Caller

Former FBI Asst Director Warns Terrorists Are ‘Well Embedded’ In US, Says Alert Should Be ‘Higher’

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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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Daily Caller

LNG Farce Sums Up Four Years Of Ridiculous Biden Energy Policy

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From the Daily Caller News Foundation

By David Blackmon

That is what happens when “science” isn’t science at all and energy reality is ignored in favor of the prevailing narratives of the political left.

As Congress struggled with yet another chaotic episode of negotiations over another catastrophic continuing resolution, all I could think was how wonderful it would be for everyone if they just shut the government down and brought an end to the Biden administration and its incredibly braindead and destructive energy-policy farce a month early.

What a blessing it would be for the country if President Joe Biden’s Environmental Protection Agency (EPA) were forced to stop “throwing gold bars off the Titanic” 30 days ahead of schedule. What a merry Christmas we could have if we never had to hear silly talking points based on pseudoscience from the likes of Biden’s climate policy adviser John Podesta or Energy Secretary Jennifer Granholm or Biden himself (read, as always, from his ever-present TelePrompTer) again!

What a shame it has been that the rest of us have been forced to take such unserious people seriously for the last four years solely because they had assumed power over the rest of us. As Jerry Garcia and the Grateful Dead spent decades singing: “What a long, strange trip it’s been.”

Speaking of Granholm, she put the perfect coda to this administration’s seemingly endless series of policy scams this week by playing cynical political games with what was advertised as a serious study. It was ostensibly a study so vitally important that it mandated the suspension of permitting for one of the country’s great growth industries while we breathlessly awaited its publication for most of a year.

That, of course, was the Department of Energy’s (DOE) study related to the economic and environmental impacts of continued growth of the U.S. liquified natural gas (LNG) export industry. We were told in January by both Granholm and Biden that the need to conduct this study was so urgent, that it was entirely necessary to suspend permitting for new LNG export infrastructure until it was completed.

The grand plan was transparent: implement the “pause” based on a highly suspect LNG emissions draft study by researchers at Cornell University, and then publish an impactful DOE study that could be used by a President Kamala Harris to implement a permanent ban on new export facilities. It no doubt seemed foolproof at the Biden White House, but schemes like this never turn out to be anywhere near that.

First, the scientific basis for implementing the pause to begin with fell apart when the authors of the draft Cornell study were forced to radically lower their emissions estimates in the final product published in September.

And then, the DOE study findings turned out to be a mixed bag proving no real danger in allowing the industry to resume its growth path.

Faced with a completed study whose findings essentially amount to a big bag of nothing, Granholm decided she could not simply publish it and let it stand on its own merits. Instead, someone at DOE decided it would be a great idea to leak a three-page letter to the New York Times 24 hours before publication of the study in an obvious attempt to punch up the findings.

The problem with Granholm’s letter was, as the Wall Street Journal’s editorial board put it Thursday, “the study’s facts are at war with her conclusions.” After ticking off a list of ways in which Granholm’s letter exaggerates and misleads about the study’s actual findings, the Journal’s editorial added, “Our sources say the Biden National Security Council and career officials at Energy’s National Laboratories disagree with Ms. Granholm’s conclusions.”

There can be little doubt that this reality would have held little sway in a Kamala Harris presidency. Granholm’s and Podesta’s talking points would have almost certainly resulted in making the permitting “pause” a permanent feature of U.S. energy policy. That is what happens when “science” isn’t science at all and energy reality is ignored in favor of the prevailing narratives of the political left.

What a blessing it would have been to put an end to this form of policy madness a month ahead of time. January 20 surely cannot come soon enough.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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