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Brownstone Institute

Free Speech on Trial

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From the Brownstone Institute

BY Jeffrey A. TuckerJEFFREY A. TUCKER

Free speech is everything. If we don’t have that, we have nothing and freedom is toast. All other problems pale in comparison. There are plenty of them, from healthcare to immigration but if we don’t have free speech, we cannot get the truth out about any of them. The censorship industrial complex is wholly dedicated to making sure that we have no debates at all and that dissident voices are not even heard.

In a lifetime of observing policy controversies and court cases, we’ve never witnessed anything as crucial to the future of the idea of freedom itself compared with what will transpire on March 18, 2024. On that day, the Supreme Court will hear arguments in Murthy v. Missouri concerning whether the government can force or nudge private companies to censor users on behalf of regime priorities.

The evidence that they have been doing so is overwhelming. That’s why the 5th Circuit issued an emergency injunction to stop the practice on grounds that it is inconsistent with the First Amendment of the US Constitution. The censorship industrial complex is working right now and hourly to delete free speech in America. That injunction was stayed pending a review by the highest court.

The case itself hasn’t even gone to court. This decision is only about the injunction itself, which was issued based on the alarming results of discovery alone. Essentially, the lower court is screaming “This must stop.” The Supreme Court is trying to assess whether the violations of liberty are extreme enough to justify a pre-trial intervention now.

A positive ruling for the plaintiffs doesn’t solve every problem but at least it will mean that freedom still stands a chance in this country. A ruling for the defense, which is essentially the government itself, will give license to every federal agency – including those that operate in secret like the FBI and CIA – to threaten every social media and media company in this country to delete any and all content that runs contrary to the approved narrative.

There will be celebration in Washington if this happens. On the other hand, there will be tears if the court decides for the defense. It could be that the court will take an in-between position, refusing to let the injunction go ahead and promising some possible decision at a later date pending trial. That would be a disaster because it could mean three or more years of full censorship pending an appeal of whatever the outcome of the trial is.

Free speech is everything. If we don’t have that, we have nothing and freedom is toast. All other problems pale in comparison. There are plenty of them, from healthcare to immigration but if we don’t have free speech, we cannot get the truth out about any of them. The censorship industrial complex is wholly dedicated to making sure that we have no debates at all and that dissident voices are not even heard.

As it is, Google, Microsoft, and Facebook – and many more besides – already heavily restrict speech. They work in cooperation with government and those tasked by government to do elite bidding. We know this for a fact.

When Elon Musk took over Twitter, he discovered a vast censorship machine operating on behalf of the FBI and other agencies. Millions of posts were being taken down along with users. He has done his best to rip out the guts of this borg. Doing so entirely changed the character of the site. It became useful again.

Not even the scale of the problem is widely understood. Usually people say that free speech is necessary to protect minority opinions. In this case, the numbers don’t matter to the censors. You could have 90% of users trying to advance an idea and still have it censored. This is what the old Twitter did. It was daily and hourly attacking the company’s user base. This was their job, no matter how much it contradicts the whole point of social media.

Brownstone is predictably throttled by all these companies but it is not just about us. It is about everyone who disagrees with the Davos “Great Reset” agenda. This could pertain to EVs, gender transitions, lockdowns, immigration, or anything else. Even now, the Google Artificial Intelligence engine extols the glories of lockdowns, masking, and mass injections while completely ignoring contrary science. This is how they want things to be. Google’s search engine is no better. It might as well be a federal agency.

The Justices hearing the case will be in an awkward position. My guess is that none of them even know that this was going on to the extent it is. They will likely be shocked when they look at the evidence providing that there is a trillion-dollar industry in full operation that has massively distorted the public mind. Every federal agency is involved, deeply embedded in the operations of all media companies and digital technology, which in turn requires universal surveillance and persecution of contrary voices.

Until just a few years ago, this entire industry – which involves federal agencies, universities, nonprofits, shadow companies, bogus fact-checks, and every manner of spook-operated front companies – was not known to exist. Now that we know, we are shocked by the extent of it. It has invaded the whole of our lives to the point that we cannot tell the real news from that which is fed to us by intelligence agencies. Even worse, we’ve come to expect that most of what passes for approved opinion is flat-out false.

The Justices will discover this truth. They will likely be astonished. But they will also be taken aback by how integral to our lives it has become. As it turns out, the federal government for nearly a decade has placed a very high priority on curating the public mind, lying at every turn for its own benefit and that of its industrial partners.

Everyone in the old Soviet Union knew for sure that Pravda spoke for the Communist Party. But do people understand that their Google search results and Facebook timelines are no better? It’s not clear whether and to what extent people do understand this but it is our reality.

Will the Justices really be willing to pull the plug on the entire machinery? Doing that would be more disruptive of an established interest group than anything the court has done in many years or even ever. It would fundamentally change the way our technologies work. It would be devastating to federal agencies. Policing such a new system called free speech would be another matter entirely. It would mean that thousands of people would suddenly have nothing to do. That would be wonderful, but would it happen?

As I say, censorship is now an entire global industry. It involves the world’s most powerful foundations, governments, universities, and influencers. It seems like everyone wants a part in crushing what they called “disinformation,” “misinformation,” and “malinformation,” which is true information that they don’t want out. We are surrounded by this machinery of control and yet most people have no clue.

Every federal agency at this point has taken it upon themselves to cajole every information provider into rigging the system so that only one perspective gets out. This has a massive impact on public opinions.

As an example, four years ago, I wrote an article that accidentally made it through the censors and I watched as millions read my piece. Even now, I hear about it at cocktail parties coming from total strangers who don’t know that I’m the author. Nothing like that has happened since that magical day. Most of my writing goes into a dark hole, and this is despite writing daily for the 4th largest newspaper and having access to a huge public forum at Brownstone. People without such access do not stand a chance. Their posts on Facebook are disappeared the instant they post, while YouTube slams their content as contrary to community standards, with no other explanation.

Self-censorship has become the habitual practice of the intellectual class. Otherwise you only beat your head up against the wall and make yourself a target. Minute-by-minute in real time, public opinion is being shaped by this wicked industry, which dramatically distorts political outcomes.

As I say, this is surely the most important issue we face. A decision by the Supreme Court to let this go on – seeing no real issue here – will lead straight to our doom and the death of freedom itself.

There’s an additional problem that is very serious. These days, there is a massive race on to program censorship into the algorithms themselves so that no one is actually doing it, so that there cannot be any real defendants in a case against them. AI will soon be running everything so that Google and Facebook etc can simply say that their machine learning is doing the dirty work.

Perhaps one of the reasons AI has hit us with such a rush is precisely because of this case before the court. The deep state and its industrial partners are not going to give up easily. Everything depends on their victory over free speech, so far as they are concerned.

This is very worrisome, which is why one should hope for a sweeping statement by the Supreme Court that reaffirms the fundamental American commitment to have government completely out of the business of manipulating public opinion through curating what information you see and read and what you do not see and read.

It’s tragic that such a fundamental human right should so heavily depend on the majority decision of this one body. It’s not supposed to work this way. The First Amendment is supposed to be law but these days, the government has built an entire empire around the idea that it simply does not matter. The job of the Supreme Court is to remind our overlords that the people are not merely putty in the hands of deep state agents. We have fundamental rights that cannot be abridged.

There is a rally scheduled outside the court on March 18th, with many speakers making themselves available to the press. Note the sponsoring organizations: these are the freedom fighters in America today. You are welcome to join us.

It won’t sway the court, of course. And the crowds will surely be thinner than they otherwise would be given how much success the censorship industry already enjoys. Still, it is worth a shot.

Truly, we should all shudder to think of the future of American freedom in absence of a decisive statement by the court on behalf of the basic liberty the Framers intended be protected for everyone.

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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Brownstone Institute

If the President in the White House can’t make changes, who’s in charge?

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From the Brownstone Institute

By Jeffrey A TuckerJeffrey A. Tucker 

Who Controls the Administrative State?

President Trump on March 20, 2025, ordered the following: “The Secretary of Education shall, to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education.”

That is interesting language: to “take all necessary steps to facilitate the closure” is not the same as closing it. And what is “permitted by law” is precisely what is in dispute.

It is meant to feel like abolition, and the media reported it as such, but it is not even close. This is not Trump’s fault. The supposed authoritarian has his hands tied in many directions, even over agencies he supposedly controls, the actions of which he must ultimately bear responsibility.

The Department of Education is an executive agency, created by Congress in 1979. Trump wants it gone forever. So do his voters. Can he do that? No but can he destaff the place and scatter its functions? No one knows for sure. Who decides? Presumably the highest court, eventually.

How this is decided – whether the president is actually in charge or really just a symbolic figure like the King of Sweden – affects not just this one destructive agency but hundreds more. Indeed, the fate of the whole of freedom and functioning of constitutional republics may depend on the answer.

All burning questions of politics today turn on who or what is in charge of the administrative state. No one knows the answer and this is for a reason. The main functioning of the modern state falls to a beast that does not exist in the Constitution.

The public mind has never had great love for bureaucracies. Consistent with Max Weber’s worry, they have put society in an impenetrable “iron cage” built of bloodless rationalism, needling edicts, corporatist corruption, and never-ending empire-building checked by neither budgetary restraint nor plebiscite.

Today’s full consciousness of the authority and ubiquity of the administrative state is rather new. The term itself is a mouthful and doesn’t come close to describing the breadth and depth of the problem, including its root systems and retail branches. The new awareness is that neither the people nor their elected representatives are really in charge of the regime under which we live, which betrays the whole political promise of the Enlightenment.

This dawning awareness is probably 100 years late. The machinery of what is popularly known as the “deep state” – I’ve argued there are deep, middle, and shallow layers – has been growing in the US since the inception of the civil service in 1883 and thoroughly entrenched over two world wars and countless crises at home and abroad.

The edifice of compulsion and control is indescribably huge. No one can agree precisely on how many agencies there are or how many people work for them, much less how many institutions and individuals work on contract for them, either directly or indirectly. And that is just the public face; the subterranean branch is far more elusive.

The revolt against them all came with the Covid controls, when everyone was surrounded on all sides by forces outside our purview and about which the politicians knew not much at all. Then those same institutional forces appear to be involved in overturning the rule of a very popular politician whom they tried to stop from gaining a second term.

The combination of this series of outrages – what Jefferson in his Declaration called “a long train of abuses and usurpations, pursuing invariably the same Object” – has led to a torrent of awareness. This has translated into political action.

A distinguishing mark of Trump’s second term has been an optically concerted effort, at least initially, to take control of and then curb administrative state power, more so than any executive in living memory. At every step in these efforts, there has been some barrier, even many on all sides.

There are at least 100 legal challenges making their way through courts. District judges are striking down Trump’s ability to fire workers, redirect funding, curb responsibilities, and otherwise change the way they do business.

Even the signature early achievement of DOGE – the shuttering of USAID – has been stopped by a judge with an attempt to reverse it. A judge has even dared tell the Trump administration who it can and cannot hire at USAID.

Not a day goes by when the New York Times does not manufacture some maudlin defense of the put-upon minions of the tax-funded managerial class. In this worldview, the agencies are always right, whereas any elected or appointed person seeking to rein them in or terminate them is attacking the public interest.

After all, as it turns out, legacy media and the administrative state have worked together for at least a century to cobble together what was conventionally called “the news.” Where would the NYT or the whole legacy media otherwise be?

So ferocious has been the pushback against even the paltry successes and often cosmetic reforms of MAGA/MAHA/DOGE that vigilantes have engaged in terrorism against Teslas and their owners. Not even returning astronauts from being “lost in space” has redeemed Elon Musk from the wrath of the ruling class. Hating him and his companies is the “new thing” for NPCs, on a long list that began with masks, shots, supporting Ukraine, and surgical rights for gender dysphoria.

What is really at stake, more so than any issue in American life (and this applies to states around the world) – far more than any ideological battles over left and right, red and blue, or race and class – is the status, power, and security of the administrative state itself and all its works.

We claim to support democracy yet all the while, empires of command-and-control have arisen among us. The victims have only one mechanism available to fight back: the vote. Can that work? We do not yet know. This question will likely be decided by the highest court.

All of which is awkward. It is impossible to get around this US government organizational chart. All but a handful of agencies live under the category of the executive branch. Article 2, Section 1, says: “The executive Power shall be vested in a President of the United States of America.”

Does the president control the whole of the executive branch in a meaningful way? One would think so. It’s impossible to understand how it could be otherwise. The chief executive is…the chief executive. He is held responsible for what these agencies do – we certainly blasted away at the Trump administration in the first term for everything that happened under his watch. In that case, and if the buck really does stop at the Oval Office desk, the president must have some modicum of control beyond the ability to tag a marionette to get the best parking spot at the agency.

What is the alternative to presidential oversight and management of the agencies listed in this branch of government? They run themselves? That claim means nothing in practice.

For an agency to be deemed “independent” turns out to mean codependency with the industries regulated, subsidized, penalized, or otherwise impacted by its operations. HUD does housing development, FDA does pharmaceuticals, DOA does farming, DOL does unions, DOE does oil and turbines, DOD does tanks and bombs, FAA does airlines, and so on It goes forever.

That’s what “independence” means in practice: total acquiescence to industrial cartels, trade groups, and behind-the-scenes systems of payola, blackmail, and graft, while the powerless among the people live with the results. This much we have learned and cannot unlearn.

That is precisely the problem that cries out for a solution. The solution of elections seems reasonable only if the people we elected actually have the authority over the thing they seek to reform.

There are criticisms of the idea of executive control of executive agencies, which is really nothing other than the system the Founders established.

First, conceding more power to the president raises fears that he will behave like a dictator, a fear that is legitimate. Partisan supporters of Trump won’t be happy when the precedent is cited to reverse Trump’s political priorities and the agencies turn on red-state voters in revenge.

That problem is solved by dismantling agency power itself, which, interestingly, is mostly what Trump’s executive orders have sought to achieve and which the courts and media have worked to stop.

Second, one worries about the return of the “spoils system,” the supposedly corrupt system by which the president hands out favors to friends in the form of emoluments, a practice the establishment of the civil service was supposed to stop.

In reality, the new system of the early 20th century fixed nothing but only added another layer, a permanent ruling class to participate more fully in a new type of spoils system that operated now under the cloak of science and efficiency.

Honestly, can we really compare the petty thievery of Tammany Hall to the global depredations of USAID?

Third, it is said that presidential control of agencies threatens to erode checks and balances. The obvious response is the organizational chart above. That happened long ago as Congress created and funded agency after agency from the Wilson to the Biden administration, all under executive control.

Congress perhaps wanted the administrative state to be an unannounced and unaccountable fourth branch, but nothing in the founding documents created or imagined such a thing.

If you are worried about being dominated and destroyed by a ravenous beast, the best approach is not to adopt one, feed it to adulthood, train it to attack and eat people, and then unleash it.

The Covid years taught us to fear the power of the agencies and those who control them not just nationally but globally. The question now is two-fold: what can be done about it and how to get from here to there?

Trump’s executive order on the Department of Education illustrates the point precisely. His administration is so uncertain of what it does and can control, even of agencies that are wholly executive agencies, listed clearly under the heading of executive agencies, that it has to dodge and weave practical and legal barriers and land mines, even in its own supposed executive pronouncements, even to urge what might amount to be minor reforms.

Whoever is in charge of such a system, it is clearly not the people.

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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Brownstone Institute

The New Enthusiasm for Slaughter

Published on

From the Brownstone Institute

By David Bell, Senior Scholar at Brownstone Institute David Bell  

What War Means

My mother once told me how my father still woke up screaming in the night years after I was born, decades after the Second World War (WWII) ended. I had not known – probably like most children of those who fought. For him, it was visions of his friends going down in burning aircraft – other bombers of his squadron off north Australia – and to be helpless, watching, as they burnt and fell. Few born after that war could really appreciate what their fathers, and mothers, went through.

Early in the movie Saving Private Ryan, there is an extended D-Day scene of the front doors of the landing craft opening on the Normandy beaches, and all those inside being torn apart by bullets. It happens to one landing craft after another. Bankers, teachers, students, and farmers being ripped in pieces and their guts spilling out whilst they, still alive, call for help that cannot come. That is what happens when a machine gun opens up through the open door of a landing craft, or an armored personnel carrier, of a group sent to secure a tree line.

It is what a lot of politicians are calling for now.

People with shares in the arms industry become a little richer every time one of those shells is fired and has to be replaced. They gain financially, and often politically, from bodies being ripped open. This is what we call war. It is increasingly popular as a political strategy, though generally for others and the children of others.

Of course, the effects of war go beyond the dismembering and lonely death of many of those fighting. Massacres of civilians and rape of women can become common, as brutality enables humans to be seen as unwanted objects. If all this sounds abstract, apply it to your loved ones and think what that would mean.

I believe there can be just wars, and this is not a discussion about the evil of war, or who is right or wrong in current wars. Just a recognition that war is something worth avoiding, despite its apparent popularity amongst many leaders and our media.

The EU Reverses Its Focus

When the Brexit vote determined that Britain would leave the European Union (EU), I, like many, despaired. We should learn from history, and the EU’s existence had coincided with the longest period of peace between Western European States in well over 2,000 years.

Leaving the EU seemed to be risking this success. Surely, it is better to work together, to talk and cooperate with old enemies, in a constructive way? The media, and the political left, center, and much of the right seemed at that time, all of nine years ago, to agree. Or so the story went.

We now face a new reality as the EU leadership scrambles to justify continuing a war. Not only continuing, but they had been staunchly refusing to even countenance discussion on ending the killing. It has taken a new regime from across the ocean, a subject of European mockery, to do that.

In Europe, and in parts of American politics, something is going on that is very different from the question of whether current wars are just or unjust. It is an apparent belief that advocacy for continued war is virtuous. Talking to leaders of an opposing country in a war that is killing Europeans by the tens of thousands has been seen as traitorous. Those proposing to view the issues from both sides are somehow “far right.”

The EU, once intended as an instrument to end war, now has a European rearmament strategy. The irony seems lost on both its leaders and its media. Arguments such as “peace through strength” are pathetic when accompanied by censorship, propaganda, and a refusal to talk.

As US Vice-President JD Vance recently asked European leaders, what values are they actually defending?

Europe’s Need for Outside Help

A lack of experience of war does not seem sufficient to explain the current enthusiasm to continue them. Architects of WWII in Europe had certainly experienced the carnage of the First World War. Apart from the financial incentives that human slaughter can bring, there are also political ideologies that enable the mass death of others to be turned into an abstract and even positive idea.

Those dying must be seen to be from a different class, of different intelligence, or otherwise justifiable fodder to feed the cause of the Rules-Based Order or whatever other slogan can distinguish an ‘us’ from a ‘them’…While the current incarnation seems more of a class thing than a geographical or nationalistic one, European history is ripe with variations of both.

Europe appears to be back where it used to be, the aristocracy burning the serfs when not visiting each other’s clubs. Shallow thinking has the day, and the media have adapted themselves accordingly. Democracy means ensuring that only the right people get into power.

Dismembered European corpses and terrorized children are just part of maintaining this ideological purity. War is acceptable once more. Let’s hope such leaders and ideologies can be sidelined by those beyond Europe who are willing to give peace a chance.

There is no virtue in the promotion of mass death. Europe, with its leadership, will benefit from outside help and basic education. It would benefit even further from leadership that values the lives of its people.

Author

David Bell, Senior Scholar at Brownstone Institute

David Bell, Senior Scholar at Brownstone Institute, is a public health physician and biotech consultant in global health. David is a former medical officer and scientist at the World Health Organization (WHO), Programme Head for malaria and febrile diseases at the Foundation for Innovative New Diagnostics (FIND) in Geneva, Switzerland, and Director of Global Health Technologies at Intellectual Ventures Global Good Fund in Bellevue, WA, USA.

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