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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

Author

  • 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.

Daily Caller

NEWT GINGRICH: Europe’s Elites Were Finally Told To Take A Look In The Mirror

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From the Daily Caller News Foundation

By Newt Gingrich

In an amazing show of courage, Vice President J.D. Vance offered an intervention for some of our European allies.

That is the best way to think of the two historic speeches he made in France and Germany last week.

In Paris, Vice President Vance pledged the United States would do whatever it takes to lead the world in the development of Artificial Intelligence. He went on to assert that Europe’s automatic response to regulate technological change rather than adapt to it was doomed to fail.

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Vance warned the Europeans that the Trump administration would retaliate to protect American high-tech companies from being fined and regulated by the European community.

Then, Vance went to the Munich Security Conference. It is the annual meeting of European leaders concerned about defense and threats to peace. The Vice President shocked the Europeans by launching a frontal assault on the decay of their political system.

As Vance put it:

“But while the Trump administration is very concerned with European security and believes that we can come to a reasonable settlement between Russia and Ukraine, and we also believe that it’s important in the coming years for Europe to step up in a big way to provide for its own defense, the threat that I worry the most about vis-à-vis Europe is not Russia, it’s not China, it’s not any other external actor.  And what I worry about is the threat from within, the retreat of Europe from some of its most fundamental values — values shared with the United States of America.”

He then went through a litany of specific complaints about the behavior of different European countries. They ranged from failing to control immigration, suppressing free speech, and Brussels seeking to control and define futures of independent countries such as Hungary and Romania.

The leading French newspaper, Le Monde (their equivalent of the New York Times) asserted that the American Vice President was declaring “ideological war on Europe.”

Le Monde was right. The European elites have been decaying for at least two generations. They hide behind their privileged status and take ideological positions that feel good but are destructive. Europe’s failures are devastating for most everyday Europeans.

I have personal knowledge about this. I have a Ph.D. in Modern European History – and I have lived in France, Germany, Belgium and Italy. As a young Army dependent, we were living in France when the French Army came back from Algeria, killed the French Fourth Republic and brought back General Charles de Gaulle to establish the Fifth Republic.

It is now the longest serving non-royal government in French history.

The European elites value each other’s opinions more than they value serving the people of Europe. The European elites live in a fantasy world of green policies that destroy industries and jobs, welfare policies which destroy the work ethic, and immigration policies which undermine the popular culture. They simply hope for a peaceful world without a strong military.

Meanwhile, state enforced speech codes protect Islamic extremists at the expense of local citizens.

The result has been a steady decline of European culture, economic development, and defensive capacity.

The Afghan Islamist who wounded more than two dozen people and killed a mother and her two-year-old daughter with a car two days before the supposed security conference signals the willful avoidance of reality at the heart of the elite European worldview.

To be clear, I admire European civilization. I believe America is far stronger and safer if Europe is healthy and capable of growing and defending itself.

I hope vice president Vance’s intervention at least starts European elites thinking about what must be done to revive their continent.

For more commentary from Newt Gingrich, visit Gingrich360.com. Also subscribe to the Newt’s World podcast.

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Daily Caller

Kash Patel First Statement As FBI Director, Tells Media ‘Bring It On’

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From the Daily Caller News Foundation

By Mariane Angela

FBI Director Kash Patel made his first statement as director after he was sworn in Friday, with a challenge to the media and a promise of sweeping reforms within the bureau.

Patel began his speech by expressing gratitude towards his supporters, then transitioned into a detailed breakdown of his upcoming plans for the FBI. He also turned to the press and directed any criticisms towards himself to protect his team from the media’s scrutiny.

“I know the media is in here, and if you have a target, that target is right here. It is not the men and women at the FBI. And everything you possibly can [say] about me that’s fake, malicious, slanderous, and defamatory, keep it coming, bring it on, but leave the men and women of the FBI out of it,” Patel said.

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“I promise you the following: There will be accountability within the FBI and outside of the FBI. And we will do it through rigorous constitutional oversight starting this weekend.”

With Attorney General Pam Bondi by his side, Patel said the public can expect a fair and just system under their leadership.

“For those of you who think that there’s going to be a two-tier system of justice, not with Attorney General Bondi, there’s a singular system of justice for all Americans, and there will be accountability,” Patel added. “The reason that this mission is so important is simply the following: 100,000 people last year raped [and] 100,000 people died of CCP fentanyl overdose in heroin [and] 17,000 homicides. Violent crime is out of control.”

Patel was confirmed as President Donald Trump’s new FBI director on Thursday afternoon. The Senate approved his nomination with a close vote of 51-49, despite Democratic lawmakers’ attempts to postpone the confirmation.

Patel, previously the chief of staff to the secretary of Defense during Trump’s first term, gained notoriety for his criticism of the Mueller investigation into alleged Russian interference in the 2016 election. The newly confirmed FBI director also criticized the misuse of surveillance powers, advocating for the establishment of a “24/7 declassification office.”

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