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Censorship Industrial Complex

California judge: first grader too young for free speech rights, family appeals

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As you read this keep in mind, she’s 6.

The mother of a first grader punished for handing an “innocent” drawing with the phrases “black lives matter” and “any life” to a classmate of color is appealing to the Ninth Circuit Court of Appeals after a lower court ruling  declared first-grade students are too young to be protected by the First Amendment. 

After a first grade lesson on Martin Luther King Jr. and Black Lives Matter, a student who felt bad for her classmate of color drew a picture for that classmate to allegedly help the classmate feel more included. The picture had the phrase “Black Lives Mater” (sic) above “any life,” with a picture below of four circles of different colors — which the author says represented her and three classmates holding hands. The student thanked the author for the drawing and took it home, after which the recipient’s mother reported the drawing to the school’s principal “to express concern that her daughter was being singled out for her race.” 

The school’s principal, Jesus Becerra, allegedly concluded that writing “any life” was “inconsistent with values taught in the school but acknowledged that [author’s] motives were ‘innocent.’” The recipient’s parents agreed the author innocently drew the picture and that they did not want the author punished, but Beccara allegedly declared the drawing “racist” and “inappropriate,” and submitted the first-grade author to punishment. 

Becerra forced the author to apologize to the recipient for the drawing — to which the recipient allegedly expressed confusion upon receiving, leading to more confusion from the author. He also banned the author, a student “who loved to draw,” from drawing and giving pictures to classmates, and teachers banned the author from recess for two weeks without telling her why. 

According to Transparent California, Becerra received total pay and benefits of $207,678.20 in 2022 as elementary school principal at Capistrano Unified School District. 

After the author’s mother found out about the punishment a year later, she requested an explanation and an apology from the school, escalating until filing a suit in federal court. The school district claimed Beccara was operating under qualified immunity against the author’s First Amendment and retaliation claims. A federal district court ruled on behalf of Beccara, finding that first grade students are not protected by the First Amendment.

“Giving great weight to the fact that the students involved were in first grade, the Court concludes that the Drawing is not protected by the First Amendment,” wrote the court, citing a U.S. Supreme Court ruling finding “schools may restrict speech that ‘might reasonably lead school authorities to forecast substantial disruption of or material interference with school activities’ or that collides ‘with the rights of other students to be secure and let alone.” 

The court also said the phrase “any life” was close to the phrase “All Lives Matter,” which it said is “an inclusive denotation but one that is widely perceived as racially insensitive and belittling when directed at people of color” in its justification for Beccerra’s actions. 

The case’s appeal claims Beccarra’s punishment of the author counts as retaliation for actions protected under the First Amendment, and that says first grader’s speech is protected under Tinker v. Des Moines Indep. Cmty. Sch. Dist, a United States Supreme Court ruling that says “First Amendment rights … are available to teachers and students,” who do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” 

The appeal from the Pacific Legal Foundation says the lower court incorrectly found the author’s speech fell under Tinker’s First Amendment exemptions for speech at school that infringes on another student’s right to be left alone with regards tobullying, or causes “substantial disruption.” 

The case now awaits a hearing and ruling from the Ninth Circuit, which should occur within a year.

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Censorship Industrial Complex

Germany’s Shocking War on Online Speech: Armed Police Raids for Online “Insults,” “Hate Speech,” and “Misinformation”

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A shocking discussion on CBS News’ 60 Minutes has highlighted the stark limits of online speech in Germany, where oppressive scenes once thought to be relegated to history and dystopian fiction, show law enforcement has been conducting pre-dawn raids and confiscating electronics from individuals accused of posting content deemed as “hate speech.”
In typical Orwellian fashion, despite these speech raids, officials insist that free speech still exists.
Dr. Matthäus Fink joined host Sharyn Alfonsi to explain how these laws operate and how those targeted by authorities typically react. According to Fink, most individuals are initially shocked when police confront them over online posts.
60 Minutes followed armed police on early morning raids, confiscating devices of people accused of online “hate speech.”
“They say — in Germany we say, ‘Das wird man ja wohl noch sagen dürfen,’”(You should still be allowed to say that) Fink remarked, illustrating the disbelief many express when they realize their statements can result in legal action. He noted that many Germans assume they are protected by free speech laws but learn too late that specific kinds of speech are punishable.
Alfonsi delved deeper, questioning the scope of these restrictions. Beyond banning swastika imagery and Holocaust denial, Fink pointed out that publicly insulting someone is also a criminal offense.
“And it’s a crime to insult them online as well?” Alfonsi asked.
Fink affirmed that online insults carry even steeper penalties than face-to-face insults. “The fine could be even higher if you insult someone in the internet,” he elaborated. “Because in internet, it stays there. If we are talking face to face, you insult me, I insult you, OK. Finish. But if you’re in the internet, if I insult you or a politician…”
Watch the video here.
The segment aired shortly after Vice President JD Vance spoke in Munich, warning about the dangers of European nations suppressing free speech. Vance emphasized that democracy cannot function without the fundamental right to express opinions.
“Democracy rests on the sacred principle that the voice of the people matters. There’s no room for firewalls,” Vance argued. “You either uphold the principle or you don’t.”
In response to the 60 Minutes feature, Vance posted: “Insulting someone is not a crime, and criminalizing speech is going to put real strain on European-US relationships.” He added: “This is Orwellian, and everyone in Europe and the US must reject this lunacy.”
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Censorship Industrial Complex

Is Our Five-Year Nightmare Finally Over?

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From the Brownstone Institute

By Jeffrey A TuckerJeffrey A. Tucker  

Robert F. Kennedy, Jr.’s confirmation as the Secretary of Health and Human Services in the US is the ultimate repudiation of the Covid policy response.

The scheme of lockdown-until-vaccination was the biggest effort of government and industry on a global scale on historical record. It was all designed to transfer wealth to winning industries (pharma, online retail, streaming services, online education), divide and conquer the population, and consolidate power in the administrative state.

By 2021, RFK, Jr., had emerged as the world’s most vocal, erudite, and knowledgeable critic of the scheme. In two brilliant books – The Real Anthony Fauci and The Wuhan Cover-Up – he documented the entire enterprise and dated the evolution of the pandemic industry from its postwar inception to the present. There was simply no way to read these books and think about the corporatist cabal in the same way.

The circumstances that led to his appointment at HHS are themselves implausible and remarkable. Perceiving President Biden to be a weak candidate – one who had forced masks and shots on the population and brutally censored tech and media – he decided to make a run for president, presuming that there would be an open primary. There wasn’t one, so he was forced into an independent run.

That effort was chewed up by the usual political dynamic that befalls every third-party effort – too many ballot-access barriers plus the usual logic of Duverger’s law. That left the campaign in a difficult spot. At the same time, two huge political shifts had become clear. The Democratic Party had become a vessel and a front mainly for the administrative state with a veneer of woke ideology, while the Republican Party was being taken over by refugees from the Democrats, in effect creating a new Trump party out of the remnants of the other two.

The rest is legendary. Trump linked up with Elon Musk to do to the federal government what he did when he took over Twitter, taking the company private, gutting the place of embedded federal assets, and firing 4 out of 5 workers. In the midst of this, and faced with a terrifying flurry of legal attacks, Trump dodged an assassin’s bullet. That triggered terrible memories of RFK, Jr.’s father and uncle, and thus sparked discussions about coming together.

Within a matter of weeks, we had a new coalition that brought together old antagonists, as many people and groups seemingly in the same instant realized their conjoined interests in cleaning up the corporatist cartel. With the newly freed platform of X to reach the public, MAGA/MAHA/DOGE was born.

Trump won and chose RFK, Jr., to lead the most powerful public health agency in the world. The barrier was Senate confirmation, but that was achieved through some incredible triangulation that made it extremely difficult to vote no.

In the big picture, you can measure the size of this titanic shift in American politics by the way the votes in the Senate lined up. All Republicans but one voted for the most prominent scion of the Democratic Party to head the health empire while all Democrats voted no. That alone is striking, and a testament to the power of the pharma lobby, which, during the hearings, was exposed as the hidden hand behind the most passionate opponents of the confirmation.

Is our nightmare over? Not yet. Writing not even a month into the second presidential term of Donald Trump, it is still unclear just how much authority he truly exercises over the sprawling executive branch. For that matter, no one can even agree on how large this branch is: between 2.2 million and 3 million employees and somewhere between 400 and 450 agencies. The financial bleed in this realm is unthinkable and far worse than even the biggest cynic can imagine.

Five former secretaries of the Treasury took to the pages of the New York Times with a shocking claim. “The nation’s payment system has historically been operated by a very small group of nonpartisan career civil servants.” This has included a career employee called “fiscal assistant secretary—a post that for the prior eight decades had been reserved exclusively for civil servants to ensure impartiality and public confidence in the handling and payment of federal funds.”

There is no reason even to read between the lines. What this means is that no person voted into office by the people and no one appointed by such a person has access to the federal books since 1946. This is startling beyond belief. No owner of any company would ever tolerate being barred from the accounting offices and payment systems. And no company can offer any public stock without independent audits and open books.

And yet almost 80 years have gone by during which time neither has been true for this gigantic enterprise called the federal government. That means that $193 trillion has been spent by an institution that has never faced granulated oversight from the people and never met the normal demands that every enterprise faces every day.

The usual habit in Washington has been to treat every elected leader and their appointments as temporary and transitory marionettes, people who come and go and disturb little to nothing about the normal operations of government. This new administration seems to have every intention to change that but the job is inconceivably challenging. As much public support as MAGA/MAHA/DOGE enjoy for now, and as many people from those groups are getting embedded in the power structure, they are outnumbered and outmaneuvered by millions of agents of the old order.

This transition will not be easy if it happens at all.

The inertia of the old order is mighty. Even on the issue of health and pandemics, there is already confusion. CBS News has reported that Fauci-loyalist and mRNA pusher Gerald Parker will head the White House Office of Pandemic Preparedness and Response or OPPR. The report cited only unnamed “health officials” and the appointment has been celebrated by Scott Gottlieb, the Pfizer board member who nudged Trump into backing lockdowns in 2020.

All the while, this appointment has not been confirmed by the White House. We do not know if OPPR, created by Congressional charter, will even be funded. The reporter will not reveal his sources – raising the question of why any appointment having to do with health should be surrounded by such cloak-and-dagger machinations.

If Dr. Parker becomes ensconced in this position and another health emergency is declared, this time for Bird flu, HHS and Robert F. Kennedy, Jr., will not be in any kind of decision-making position at all.

The larger problems have to do with a broader question: is the president really in charge of the executive branch? Can he hire and fire? Can he spend money or decline to spend money? Can he set policy for the agencies?

One might suppose that the whole answer to these questions can be found in Article 2, Section 1: “The executive Power shall be vested in a President of the United States of America.” And yet that sentence was written almost 100 years before Congress created this thing called the “civil service” that nowhere appears in the Constitution. This fourth branch has grown in size and power to swamp both the presidency and the legislature.

Courts are going to have to sort this out, and already an avalanche of lawsuits has hit the new administration for daring to presume control over agencies and their activities of which the president is and must necessarily be held accountable. Lower federal courts seem to be demanding that the president be that in name only, while the Supreme Court might have a different opinion.

The much-ballyhooed “constitutional crisis” consists of nothing other than an attempt to reassert the original constitutional design of government.

This is the background template in which RFK, Jr., takes power at HHS, and oversees all the sub-agencies. These agencies played a huge role in covering for the attack on liberty and rights over five years. His confirmation is a symbolic repudiation of the most egregious public policies on record. And yet, the repudiation is entirely implicit: there has been no commission, no admission of error, no one truly held responsible, and no real accountability.

The trajectory on which we find ourselves affords many reasons for champagne celebrations, but sober up quickly. There is a very long way to go and enormous barriers in place to get us to the point that we are really safe again from the marauding corporatist/statist complex and their plots and schemes to rob the public of rights and liberties. In the meantime, to invoke a common phrase, keep these new appointees in your thoughts and prayers.

Author

Jeffrey A Tucker

Jeffrey Tucker is Founder, Author, and President at Brownstone Institute. He is also Senior Economics Columnist for Epoch Times, author of 10 books, including Life After Lockdown, and many thousands of articles in the scholarly and popular press. He speaks widely on topics of economics, technology, social philosophy, and culture.

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