Brownstone Institute
Uncovering the Army of Federal Censors
I’ve recently posted twice on the case of Missouri v. Biden, in which the states of Missouri and Louisiana — along with four private plaintiffs (Jay Bhattacharya, Martin Kulldorff, the non-profit Health Freedom Louisiana, and yours truly) represented by the New Civil Liberties Alliance — are suing the Biden Administration for alleged free speech violations. Specifically, the executive branch of the federal government has been colluding with social media to censor any content on social media platforms — Twitter, YouTube (owned by Google), and LinkedIn (owned by Microsoft), Facebook and Instagram (both owned by Meta) — any content that questions, challenges, or contradicts the government’s covid policies.
While private companies might arguably choose to censor content on their platforms, the government cannot pressure or coerce private companies to censor disfavored content. Any such action is clearly a violation of the free speech guaranteed by the First Amendment of the US Constitution. As we articulate in our latest legal brief: “Under the First Amendment, the federal Government should have no role in policing private speech or picking winners and losers in the marketplace of ideas. But that is what federal officials are doing, on a massive scale.”
Our joint statement on discovery disputes legal brief, filed with the court and made public today, reveals scores of federal officials across at least eleven federal agencies have secretly communicated with social-media platforms to censor and suppress private speech federal officials disfavor. This unlawful enterprise has been wildly successful. Here are just a few excerpts from this document, which includes attachments of hundreds of pages of emails and other governmental and Big Tech internal communications as supporting evidence. These documents were obtained after we requested the following information on discovery:
Plaintiffs served interrogatories and document requests upon the Government Defendants seeking the identity of federal officials who have been and are communicating with social-media platforms about disinformation, misinformation, malinformation, and/or any censorship or suppression of speech on social media, including the nature and content of those communications. Plaintiffs also served third-party subpoenas on five major social-media platforms – Twitter, Facebook and Instagram (both owned by Meta), YouTube, and LinkedIn. On August 17, 2022, the Government Defendants provided objections and responses to the Plaintiff States’ discovery requests, and began a rolling production of documents that was completed on August 26, 2022.
Here’s some of we found so far in the documents that have been turned over, as described in our latest legal filing to the court:
Secretary Mayorkas of DHS [Department of Homeland Security] commented that the federal Government’s efforts to police private speech on social media are occurring “across the federal enterprise.” Doc. 45, ¶ 233. It turns out that this statement is true, on a scale beyond what Plaintiffs could ever have anticipated. The limited discovery produced so far provides a tantalizing snapshot into a massive, sprawling federal “Censorship Enterprise,” which includes dozens of federal officials across at least eleven federal agencies and components identified so far, who communicate with social-media platforms about misinformation, disinformation, and the suppression of private speech on social media—all with the intent and effect of pressuring social-media platforms to censor and suppress private speech that federal officials disfavor.
The discovery provided so far demonstrates that this Censorship Enterprise is extremely broad, including officials in the White House, HHS, DHS, CISA [Cybersecurity and Infrastructure Security Agency], the CDC, NIAID, and the Office of the Surgeon General; and evidently other agencies as well, such as the Census Bureau, the FDA, the FBI, the State Department, the Treasury Department, and the US Election Assistance Commission. And it rises to the highest levels of the US Government, including numerous White House officials. More discovery is needed to uncover the full scope of this “Censorship Enterprise,” and thus allow Plaintiffs the opportunity to achieve fully effective injunctive relief. Defendants have objected to producing some of the most relevant and probative information in their possession—i.e., the identities, and nature and content of communications, of White House officials and officials at other federal agencies who are not yet Defendants in this case because they were unknown when Plaintiffs served their discovery six weeks ago. Defendants have objected to producing discovery that would reveal both the height and the breadth of the federal “Censorship Enterprise.” The Court should overrule these objections and order Defendants to provide this highly relevant, responsive, and probative information.
Our brief continues:
First, the breadth and extent of the federal Defendants’ censorship activities is massive. In their initial response to interrogatories, Defendants initially identified forty-five federal officials at DHS, CISA, the CDC, NIAID, and the Office of the Surgeon General (all within only two federal agencies, DHS and HHS), who communicate with social-media platforms about misinformation and censorship. Ex. 1 (Defendants’ Redacted Interrogatory Responses), at 15-18.
[…]
The third-party social-media platforms, moreover, have revealed that more federal agencies are involved. Meta, for example, has disclosed that at least 32 federal officials—including senior officials at the FDA, the US Election Assistance Commission, and the White House—have communicated with Meta about content moderation on its platforms, many of whom were not disclosed in response to Plaintiffs’ interrogatories to Defendants. YouTube disclosed eleven federal officials engaged in such communications, including officials at the Census Bureau and the White House, many of whom were also not disclosed by Defendants. Twitter disclosed nine federal officials, including senior officials at the State Department who were not previously disclosed by Defendants.
As I will write about more in a future post, the government is protecting Anthony Fauci and other high level officials by refusing to reveal documents related to their involvement. Stay tuned for more on that issue. For now, as our brief explains here, those implicated include many officials at the highest level of the current administration:
Second, these federal censorship activities include very senior officials within the US Government, i.e., “members of our senior staff,” in former White House Press Secretary Jen Psaki’s words. Doc. 42, ¶ 174. Defendants have steadfastly refused to respond to any interrogatories or document requests directed to the White House officials, such as White House Press Secretary Karine Jean-Pierre and Dr. Fauci in his capacity as Chief Medical Advisor to the President. But their own document production provides a glimpse into the involvement of several senior White House officials in communications with social-media platforms about censorship – including White House Senior Covid-19 Advisor Andrew Slavitt, Deputy Assistant to the President Rob Flaherty, White House Covid-19 Director of Strategic Communications and Engagement Courtney Rowe, White House Digital Director for the Covid-19 Response Team Clarke Humphrey, among others. See Ex. 3.
Further, the social-media platforms have independently disclosed the identities of senior White House officials involved in such communications. For example, Meta has disclosed the involvement of additional White House officials as White House Counsel Dana Remus and White House Partnerships Manager Aisha Shah, as well as Deputy Assistant to the President Rob Flaherty. YouTube has disclosed the involvement of White House officials such as Rob Flaherty and Benjamin Wakana, the Director of Strategic Communications and Engagement at the White House COVID-19 Response Team. Twitter has disclosed the involvement of Andrew Slavitt.
Our lawyers then cite a few examples of how this government censorship regime has been functioning, as revealed by internal communications:
The limited communications produced so far from these high-level officials are particularly relevant and probative, because they provide revealing glimpses into the intensive oversight and pressure to censor that senior federal officials placed on social-media platforms. For example, after President Biden publicly stated (about Facebook) on July 16, 2021, that “They’re killing people,” a very senior executive at Meta (Facebook and Instagram) reached out to Surgeon General Vivek Murthy to engage in damage control and appease the President’s wrath. Ex. 4, at 1. Soon thereafter, the same Meta executive sent a text message to Surgeon General Murthy, noting that “it’s not great to be accused of killing people,” and expressing that he was “keen to find a way to deescalate and work together collaboratively.” Ex. 5, at 1.
Such “deescalation” and “working together collaboratively,” naturally, involved increasing censorship on Meta’s platforms. One week after President Biden’s public accusation, on July 23, 2021, that a senior Meta executive sent an email to Surgeon General Murthy stating, “I wanted to make sure you saw the steps we took just this past week to adjust policies on what we are removing with respect to misinformation, as well as steps taken to further address the ‘disinfo dozen’: we removed 17 additional Pages, Groups, and Instagram accounts tied to the disinfo dozen….” Ex. 3, at 2. Again, on August 20, 2021, the same Meta executive emailed Murthy to assure him that Facebook “will shortly be expanding our COVID policies to further reduce the spread of potentially harmful content on our platform. These changes will apply across Facebook and Instagram,” and they included “increasing the strength of our demotions for COVID and vaccine-related content,” and “making it easier to have Pages/Groups/Accounts demoted for sharing COVID and vaccine-related misinformation.” Ex. 4, at 3. In addition, that senior Meta executive sent a “Facebook bi-weekly covid content report” to Surgeon General Murthy to White House official Andrew Slavitt, evidently to reassure these federal officials that Facebook’s suppression of COVID-19 “misinformation” was aggressive enough for their preferences. Ex. 4, at 6-19.
The brief then goes on to explain how this amounts to more than just collaboration or cooperation between government and Big Tech, but coercive use of power dynamics to pressure Big Tech to do the government’s bidding:
Such communications from the White House impose maximal pressure on social-media companies, and they clearly get results when it comes to censorship. And federal officials are fully aware that such pressure is necessary to induce social-media platforms to increase censorship. CISA [Cybersecurity and Infrastructure Security Agency] Director Jen Easterly, for example, texted with another CISA official about “trying to get us in a place where Fed can work with platforms to better understand the mis/dis trends so relevant agencies can try to prebunk/debunk as useful,” and complained about the Government’s need to overcome the social-media platforms’ “hesitation” to working with the government: “Platforms have got to get more comfortable with gov’t. It’s really interesting how hesitant they remain.” Ex. 5, at 4 (emphasis added).
Perhaps these companies were hesitant because they knew that the government pressure and coercion was clearly unlawful, not to mention the fact that private companies and publishers don’t want to be told what to publish and don’t want their policies dictated by government officials. Our legal brief goes on:
In fact, such pressures from government officials on social-media companies, along with the many public statements alleged in the Complaint, have succeeded on a grand scale. Discovery received so far indicates that a veritable army of federal bureaucrats are involved in censorship activities “across the federal enterprise.” They include the 45 key custodians identified in Plaintiffs’ interrogatory responses so far, 32 federal officials identified by Facebook so far, eleven officials identified by YouTube, and nine identified by Twitter (many of which do not overlap, either with each other or Defendants’ disclosures). And Defendants have not yet received interrogatory responses reflecting Defendants’ knowledge of federal officials at other agencies who communicate with social-media platforms about censorship — but apparently there are many. So many, in fact, that CISA Director Jen Easterly and another CISA official apparently complained, in an internal text messages, that “chaos” would result if all federal officials were “independently” contacting social-media platforms about so-called misinformation: “Not our mission but was looking to play a coord role so not every D/A is independently reaching out to platforms which could cause a lot of chaos.” Ex. 5, at 4.
These federal bureaucrats are deeply embedded in a joint enterprise with social-media companies to procure the censorship of social-media speech. Officials at HHS routinely flag content for censorship, for example, by organizing weekly “Be On The Lookout” meetings to flag disfavored content, Ex. 6; sending lengthy lists of examples of disfavored posts to be censored, Ex. 6, at 21-22; serving as privileged “fact checkers” whom social-media platforms consult about censoring private speech, Ex. 7; and receiving detailed reports from social-media companies about so-called “misinformation” and “disinformation” activities online, Ex. 4; among others. CISA, likewise, has aggressively embraced its “evolved mission” of screening complaints of social-media disinformation and then “routing disinformation concerns” to social-media platforms, Doc. 45, ¶¶ 250-251. CISA routinely receives reports of perceived “disinformation” and forwards them to social-media companies, placing the considerable weight of its authority as a federal national-security agency behind other parties’ demands for suppression of private speech. Ex. 8.
Moreover, many of these substantive communications from federal officials flagging specific posts and content for censorship seem to occur through alternative channels of communication that Plaintiffs have not yet obtained (as the third-party social-media platforms contend they are shielded from discovery by the Stored Communications Act). For example, Facebook trained CDC and Census Bureau officials on how to use a “Facebook misinfo reporting channel.” Ex. 9. Twitter offered federal officials a privileged channel for flagging misinformation through a “Partner Support Portal.” Ex. 9, at 69. YouTube has disclosed that it granted “trusted flagger” status to Census Bureau officials, which allows privileged and expedited consideration of their claims that content should be censored.
In the face of these and many other disclosures, Defendants are refusing to provide some of the most relevant and most probative evidence of the most egregious First Amendment violations.
Our legal team will continue to press for full disclosure of the requested content that the government still refuses to hand over to the court. And yes, we brought the receipts for all these allegations — the entire document is available here, and the supporting evidence is included on pages 142 – 711 for those who want to dig into the gruesome details. For those who want the shorter version, the NCLA press release is available here.
I suspected all this was happening but didn’t imagine the sheer scope — the breadth, depth, and coordination — suggested by the evidence that our legal team has uncovered so far during the discovery phase of the legal proceedings. To see this evidence on the page, which we know is just the tip of the iceberg, is simply shocking — and I’m not an easy person to shock. Likewise, the deep involvement of many of our national security agencies is revealing and disturbing, even for this author who just wrote a book with the subtitle, “The Rise of the Biomedical Security State.”
Hyperbole and exaggeration have been common features on both sides of covid policy disputes. But I can say with all soberness and circumspection (and you, kind readers, will correct me if I am wrong here): this evidence suggests we are uncovering the most serious, coordinated, and large-scale violation of First Amendment free speech rights by the federal government’s executive branch in US history. Period, full stop. Even wartime propaganda efforts never reached this level of censorship, nor did the government in days past have the power of today’s social media at its disposal.
Stay tuned for more updates as this case unfolds.
Republished from the author’s Substack
Author
From the Brownstone Institute
By 
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
From the Brownstone Institute
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
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