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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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Autism

RFK Jr. Completely Shatters the Media’s Favorite Lie About Autism

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The Vigilant Fox's avatar The Vigilant Fox

They say autism is rising because of “better diagnosis”—but RFK Jr. just blew that narrative wide open. He brought the hard data and dropped one undeniable truth the denialists can’t explain.

HHS Secretary Robert Kennedy Jr. appeared on Hannity Thursday evening and unloaded on the predominant autism narrative. It started with a bombshell reveal from Kennedy’s own childhood.

Hannity asked: “What was the number when you were a kid—and what do you think is going on?”

Kennedy replied: “There’s really good data on that.”

He pointed to one of the largest studies ever conducted—900,000 children in Wisconsin, published in a top-tier medical journal.

“It looked at 900,000 kids. It was published in a high-gravitas journal, peer-reviewed study, and they found the rate to be 0.7 out of 10,000.”

That’s less than 1 in 10,000. Today? It’s around 1 in 31.

Let that sink in.

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That’s when Kennedy sounded the alarm on what’s happening now—and why it’s so catastrophic. He said the rise isn’t just in frequency—it’s in severity.

“Two years ago, it was 1 in 36. The CDC data we released this week shows 1 in 31,” Kennedy said.

“The worst state is California,” Kennedy continued, “which actually has the best collection methodologies. So they actually, probably reflect what we’re seeing nationwide.”

“In California, it’s 1 in every 20 kids, and 1 in every 12.5 boys,” he explained.

Even worse, he said the numbers are likely underreported in minority communities. And for many kids, the symptoms are devastating:

“About 25% of the population of those kids with autism, about 25% of them are nonverbal, nontoilet trained,” Kennedy explained.

“They have all of these stereotypical behaviors, the head banging, biting, toe walking, stimming, and that population is growing higher and higher.”

“It’s becoming a larger percentage, so we’re seeing many more cases that are now linked to severe intellectual disability.”

He says it’s a glaring red warning sign—and it’s past time to start acting on it.

And this was the moment that Kennedy took a flamethrower to the media narrative about autism. He shattered the core excuse we’ve all been fed—that this epidemic isn’t real, that it’s just a change in how we count it.

He’s not buying it.

“The media has bought into this industry canard, this mythology, that we’re just seeing more autism because we’re noticing it more. We’re better at recognizing it or there’s been changing diagnostic criteria.”

But the scientific literature, Kennedy said, says otherwise.

“There is study after study in the scientific literature going back, and they decided that the literature going back says decades that says that’s not true.”

He then cited a major investigation by California’s own lawmakers.

“In fact, the California legislature… asked the Mind Institute at UC Davis to look exactly at that topic. They [asked], is it real or are we just noticing it more? The Mind Institute came back and said, ‘Absolutely this is a real epidemic. This is something we’ve never seen before.’

And he made it painfully clear:

“Anybody with common sense, Sean, would notice that, because the autism—this epidemic is only happening in our children. It’s not happening in people who are our age. And if it was better recognition, you’d see it in 70-year-old men.”

But we don’t.

And after laying out the data, dismantling the media narrative, and exposing the severity of the crisis, Kennedy concluded with a clarion call to get to the bottom of this epidemic.

That’s why he says it’s time to dig deeper—leave no stone unturned, and we may have answers sooner than you think.

“President Trump asked me to find out what’s causing it,” he told Hannity.

“And I am approaching that agnostically. We are looking at everything, we are going to do, we’re going to be very transparent in how we design the studies.”

To get real answers, he’s farming the research out to top institutions across the country—with full transparency from day one.

“We’re going to farm the studies out to 15 premier research groups from all over the country. And we’re going to be transparent about our protocols, about the data sets, and then every study will have to be replicated.”

The list of possible factors is long—and nothing is being ruled out, Kennedy explained.

“We’re going to look at mold. We’re going to look at the age of parents. We’re going to look at food and food additives. We’re going to look at pesticides and toxic exposures. We’re going to look at medicines. We’re going to look at vaccines. We’re going to look at everything.”

When asked how long it would take, Kennedy didn’t miss a beat.

“I think we’ll have some preliminary answers in six months. It will take us probably a year from then before we can have definitive answers because a lot of the studies will not go out until the end of the summer.”

For the first time in decades, someone is asking the hard questions—and demanding real answers.

This time, nothing is off-limits.


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Energy

‘War On Coal Is Finally Over’: Energy Experts Say Trump Admin’s Deregulation Agenda Could Fuel Coal’s ‘Revival’

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From the Daily Caller News Foundation

By Audrey Streb

Within the first months of his second administration, President Donald Trump has prioritized “unleashing” American energy and has already axed several of what he considers to be burdensome regulations on the coal industry, promising it’s “reinvigoration.”

Trump signed an executive order on April 8 to revive the coal industry, and shortly after moved to exempt several coal plants from Biden-era regulations. Though it has become a primary target of many climate activists, coal has been historically regarded as readily available and affordable, and several energy policy experts who spoke with Daily Caller News Foundation believe Trump has the cards necessary to strengthen the industry.

“When utility bills are skyrocketing or blackouts are happening in winter, people are going to want reliable power back,” Amy Cooke, co-founder and president of Always on Energy Research and the director of the Energy and Environmental Policy Center told the DCNF. “The beauty of coal is that it allows for affordable, reliable power, which is absolutely crucial to economic prosperity, and in particular, innovation.”

“I think the number one, most significant threat to humanity is no power,” Cooke said, adding that coal is a vital contributor to the nation’s “baseload power.”

Following his executive order, Trump in early April granted a two-year exemption for nearly 70 coal plants from a Biden-era rule on air pollution that required them to reduce certain air pollutants. The Environmental Protection Agency (EPA) said that the move would “bolster coal-fired electricity generation, ensuring that our nation’s grid is reliable, that electricity is affordable for the American people, and that EPA is helping to promote our nation’s energy security.”

Shortly after, skepticism swirled surrounding whether or not the coal industry would be able to experience a revival, and whether it would be economically savvy to pursue one.

Energy generated from burning coal only powers roughly 16% of the U.S., though 40 states are dependent on coal, according to data from America’s Power. Energy generation through coal reached a record low in 2023, a Rhodium Group study reported. In 2021, however, coal was the primary source of energy for 15 states, according to the U.S. Energy Information Administration.

“We can lead the world in innovation,” Cook told the DCNF, referencing developments in natural gas and nuclear power as beneficial. “But you have to have coal. It has to be part of the mix.”

“It’s insane that we would shut down any base load power right now, when the demand for power is so high,” Cooke added. She further referenced the North American Electric Reliability Corporation’s 2024 report and research from Always on Energy Research that have projected rolling blackouts to begin across the U.S. by 2028.

As American energy demand continues to climb, the odds of impending blackouts would increase if the supply fails to grow at the same rate. The push toward renewable energy sources, in addition to stringent environmental regulations approved under former President Joe Biden, may have contributed to the slower growth of energy supply currently being experienced in the U.S.

Immediately after returning to the White House, Trump declared a national energy emergency, stating that “the integrity and expansion of our Nation’s energy infrastructure” is “an immediate and pressing priority for the protection of the United States’ national and economic security.”

“We looked at it and predict that there will be periods of blackouts of 24 hours or more,” Cook told the DCNF.

She further noted that “the cheapest power is the power you’ve already paid for,” arguing for the continuation of existing coal plants and the reopening of ones that have been closed.

“The only people who think coal is bad are those who view it through the lens of carbon emissions only, and that is no way to do energy policy,” Cooke said, arguing that it is necessary to adopt a “holistic” approach to energy generation, given the nation’s projected energy crisis.

 

“The American people need more energy, and the Department of Energy is helping to meet this demand by unleashing supply of affordable, reliable, secure energy sources – including coal,” Department of Energy Secretary Chris Wright said in an April 9 statement. “Coal is essential for generating 24/7 electricity,” he added, “but misguided policies from previous administrations have stifled this critical American industry. With President Trump’s leadership, we are cutting the red tape and bringing back common sense.”

The president has also said that he envisions greater job opportunities for coal miners with the industry’s expansion, stating during an April 8 press conference that the workers are “really well-deserving and great American patriots.”

“For years, people would just bemoan this industry and decimate the industry for absolutely no reason,” Trump added.

“Miners can wake up today for the first time in a decade and their spouses and families will realize they have a job tomorrow,” reporter Bob Aaron said in a video shared on X. They can “hear a president of the country announce that the war on coal is over.”

“I really anticipate a revival in the coal industry in the United States under Trump,” David Blackmon, an energy and policy writer who spent 40 years in the oil and gas business told the DCNF. He pointed to the Trump administration loosening restrictions on coal, adding that the Biden administration made it “near impossible” to build new coal plants due to aggressive climate rules.

Under Biden’s signature climate bill, the Inflation Reduction Act, the U.S. prioritized renewable energy generation and subsidization, resulting in a hefty price tag for taxpayers who had to foot the bill for several environmental initiatives, including hundreds of millions of dollars for solar panel construction in some of the nation’s least-sunny locations.

“The cheapest, the most affordable thing to do is to keep our current infrastructure online,” André Béliveau, Senior Manager of Energy Policy at the Commonwealth Foundation, told the DCNF. “Coal remains one of, if not, the most affordable energy source we have.”

“You’re forcing retirement of full-time energy sources and trying to replace them with part-time energy sources, and that’s not going to work,” Béliveau continued, referencing renewable energy avenues such as wind and solar. “We can’t run a full-time economy on part-time energy.”

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