Connect with us

Brownstone Institute

Kheriaty vs. University of California

Published

11 minute read

From the Brownstone Institute

BY Aaron KheriatyAARON KHERIATY

Shortly after I published the Wall Street Journal piece arguing that university vaccine mandates were unethical, the University of California, my employer, promulgated its vaccine mandate. I decided then it was time to put a stake in the ground: I filed a lawsuit in federal court challenging the constitutionality of the university’s vaccine mandate on behalf of COVID-recovered individuals. It was already clear from many robust studies that natural immunity following infection was superior to vaccine-mediated immunity in terms of efficacy and duration of immunity.

At the time I was an unlikely candidate to challenge the prevailing vaccination policies. I was deeply embedded in the academic medical establishment, where I had spent my entire career. In my capacity as a psychiatric consultant on the medical wards and in the emergency department, I had suited up in PPE (personal protective equipment) to see hundreds of hospitalized COVID patients, witnessing the worst that this illness can do. Nobody needed to explain to me how bad this virus could be for some individuals, especially the elderly with co-occurring medical conditions who were at significant risk of bad outcomes when infected.

I contracted the virus in July 2020, and despite my efforts to self-isolate, passed it to my wife and five children. Living and breathing COVID for a year, I eagerly awaited a safe and effective vaccine for those that were still not immune to this virus. I happily served on the Orange County COVID-19 Vaccine Task Force, and I advocated in the Los Angeles Times that the elderly and sick be prioritized for vaccination, and that the poor, disabled, and underserved be given ready access to vaccines.

I had worked every day for over a year to develop and advance the university’s and state’s pandemic mitigation measures. But as the prevailing COVID policies unfolded, I became increasingly concerned, and eventually disillusioned. Our one-size-fits-all coercive mandates failed to take account of individualized risks and benefits, particularly age-stratified risks, which are central to the practice of good medicine. We ignored foundational principles of public health, like transparency and the health of the entire population. With little resistance we abandoned foundational ethical principles.

Among the most glaring failures of our response to COVID was the refusal to acknowledge the natural immunity of COVID-recovered patients in our mitigation strategies, herd-immunity estimates, and vaccine-rollout plans. The CDC estimated that by May 2021, more than 120 million Americans (36 percent) had been infected with COVID. Following the Delta-variant wave later that year, many epidemiologists estimated the number was close to half of all Americans. By the end of the Omicron wave in early 2022, that number was north of 70 percent. The good news — almost never mentioned — was that those with previous infection had more durable and longer-lasting immunity than the vaccinated. Yet the focus remained exclusively on vaccines.

As I argued in a coauthored article, medical exemptions for most vaccine mandates were too narrowly tailored, constraining physicians’ discretionary judgment and seriously compromising individualized patient care. Most mandates only allowed medical exemptions for conditions included on the CDC’s list of contraindications to the vaccines — a list that was never meant to be comprehensive. CDC recommendations should never have been taken as sound medical advice applicable to every patient.

Further exacerbating this problem, on August 17, 2021, all licensed physicians in California received a notification from the state medical board with the heading “Inappropriate Exemptions May Subject Physicians to Discipline.” Physicians were informed that any doctor granting an inappropriate mask exemption or other COVID-related exemptions “may be subjecting their license to disciplinary action.” In what was perhaps a deliberate omission, the “standard of care” criteria for vaccine exemptions was never defined by the medical board. In my eighteen years as a licensed physician, I had never previously received any such notice, nor had my colleagues.

The effect was chilling: since physicians naturally interpreted “other exemptions” to include vaccines, it became de facto impossible to find a doctor in California willing to write a medical exemption, even if the patient had a legitimate contraindication to the COVID vaccines. One of my patients was told by his rheumatologist he should not get the COVID vaccine, since he was at low risk from COVID and in this physician’s judgment his autoimmune condition elevated his risks of vaccine adverse effects.

This patient, who was subjected to a vaccine mandate at work, immediately asked this same physician for a medical exemption. The doctor replied, “I’m sorry, I cannot write you an exemption because I’m afraid I might lose my license.” I heard many stories of similar egregious violations of medical ethics under these repressive mandates and the enforcement regime that bolstered them.

As the vaccines rolled out in 2021, I spoke to many students, faculty, residents, staff, and patients who were aware of these basic immunological facts and were asking legitimate questions about vaccine mandates. Many correctly saw no medical or public health justification for subjecting themselves to the risks of the novel vaccines when they already had superior natural immunity. Others had moral concerns but did not qualify for a religious exemption, because religion was not central to their conscience-based objections.

They felt intimidated, disempowered, and vulnerable in the face of immense pressure to go along. Many physicians and nurses were afraid to speak up in the climate of coercion. Public health officials ignored inconvenient scientific findings, suppressed reasonable questions, and bullied into silence any skeptical physicians or scientists. Institutions promulgating mandates stigmatized and punished those who refused to comply. I had never seen anything like this in medicine.

Why did I file a lawsuit in federal court against my own employer? I had nothing to gain personally by this and a lot to lose professionally. I decided I could not stand by and watch the ethical disaster unfold around me without attempting to do something. In my position as Director of Medical Ethics at UCI, I had a duty to represent those whose voices were silenced and to insist upon the right of informed consent and informed refusal.

In the end, my decision to challenge these mandates came down to this question: How could I continue to call myself a medical ethicist if I failed to do what I was convinced was morally right under pressure? Projecting ahead to the required medical ethics course I taught to first and second-year medical students at the beginning of each year, I could not imagine lecturing on informed consent, moral courage, and our duty to protect patients from harm if I had failed to oppose these unjust and unscientific mandates. I simply would not have woken up each day with a clear conscience.

The university did not take kindly to my legal challenge, as you might imagine. Administrators allowed no grass to grow under their feet before responding to this dissident within the ranks. I had petitioned the court for a preliminary injunction to put the vaccine mandate on hold while the case was litigated in court. The judge declined this request, and the following day the university placed me on “investigatory leave” for alleged noncompliance with the vaccine mandate. Instead of waiting for the federal court to decide my case, the university immediately banned me from working on campus or working from home.

I was given no opportunity to contact my patients, students, residents, or colleagues and let them know I would suddenly disappear. An email from one of the deans, sent after I had left the office for the day, informed me that I could not return to campus the following day.

As I drove away from campus for the last time that day, I glanced at the sign on the corner near the hospital. The sign, which had been up for months, read in large block letters, HEROES WORK HERE.

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.

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

Brownstone Institute

“The Numbers Favour Our Side”

Published on

From the Brownstone Institute

BY Bill RiceBILL RICE 

For me, it’s not difficult to see what the world’s real rulers are trying to achieve. They’re trying to obtain more power and control for themselves. In fact, they’ve largely already achieved this goal. The terrifying thought is they are far from done.

We know they are not finished because their most conspicuous initiative at the moment is their quest to slay the petulances of “misinformation” and “disinformation.”

The correct definition of misinformation/disinformation is any speech that challenges what authority figures say is the truth.

The world’s real rulers don’t want their pronouncements challenged, as this would pose a grave risk to their continued rule and their ability to implement myriad programs that will effectively defeat, once and for all, human freedom.

As long as persuasive dissent doesn’t go viral, the Powers that Be know they will achieve their objectives, which are authoritarian world government much closer to the communist utopia envisioned by thinkers and tyrants like MarxMao, and Lenin.

But real communism is not the real goal either, as communism was supposed to make every person equal. The modern form of communism, not unlike all previous forms of communism, ensures the world’s elite organizations will remain ultra-powerful while the proletariat will beg for crumbs.

Who are the World’s Elite Organizations?

They are every important organization – those with great influence (and police-state powers) – including all governmental agencies and departments as well as international government organizations like the UN, WHO, and European Union.

They are also all the major “crony” corporations that benefit from close ties to government and non-governmental organizations.

Plus, foundations like the Bill & Melinda Gates Foundation, the Wellcome Trust, and the Rockefeller Foundation, which have more money than many nations and certainly more ideological commitment to deploy their resources to implement their agendas.

A simple method to define the establishment organizations would be to simply identify the world’s key authorized narratives and then ask yourself what organizations zealously support these initiatives (aka “The Current Thing”).

In the last four years, any organization that vociferously supported all the Covid protocols would be examples of “captured” organizations that enthusiastically supported the Current Thing.

But these same organizations also support all the other ascendant political movements, such as the fight against (allegedly) man-made Climate Change, numerous wars or “interventions” to advance “democracy,” central bank digital currency, and ever more mRNA “vaccines.”

Furthermore, it’s obvious these same organizations support initiatives designed to discredit long-accepted cultural norms in favor of more “progressive” thinking that normalizes gender reversal, race grievances, LGBT+ initiatives, or any reform that advances “diversity, inclusion, or equity.”

The promotion of policies that make mass illegal immigration much easier to achieve has also become a crucial program of our planet’s establishment rulers.


I believe the above summary provides an accurate assessment of the state of the world today.

I also note that it’s an undeniable truth that every program of these establishment organizations has made the world a darker place, with future developments planned by our leaders guaranteed to decrease the qualify of life for children or young adults who may live another 50 to 80 years.

For example, at the moment, unelected delegates who serve on the World Health Organization continue to deliberate in secret as they finalize a new health treaty and make changes to “international regulations” that will affect virtually every citizen on the planet in decades to come.

The salient point about the WHO is that this agency was provably and disastrously wrong on every policy and piece of guidance it issued involving the response to Covid-19.

Another way to identify the members of the Establishment ruling class is to simply identify those who were spectacularly wrong on every key issue of our times. These are the people and organizations who are seeking even more power and control.

Who Will Prevail in the End?

The good news is our side – those who still believe in human liberty – vastly outnumbers the group that is clearly aligned against us.

Above I listed many of the world’s captured organizations. These organizations are staffed by probably a couple hundred thousand key leaders who are committed to supporting the nefarious and freedom -eradicating components  of “The Current Thing.”

As I’ll show below, the numbers who identify with “our side” surely exceed tens of millions of citizens.

The bad news is the the enemies of freedom – the worshippers of Big Brother – control all of the institutions and organizations in the world that actually matter.

Whoever sought to capture all of these organizations – from the CDC, the military, the Federal Reserve, the WEF, and the mainstream press – didn’t embark on these projects just to entertain themselves. They did this for a reason. This reason? They wanted to use these organizations to advance/achieve their goals.

To be more specific, they must have known that if they captured all of these organizations it would be almost impossible for any private citizens to stop their plans.

Our Side Actually has a Major Numeric Advantage

Still, the committed generals and staff officers who are seeking even more global control of the masses are…greatly outnumbered by people who are repulsed by their programs.

I’m currently working on a business idea that might supplement the dissident class of independent writers or “citizen journalists” found in the alternative media and on Substack.

In working on this project, I’m very interested in gauging the size of the market for content that resonates with the world’s population that still values freedom. This would be the group of citizens who is skeptical of the authorized narratives and values (genuine) “watchdog” journalism.

My estimate is there must be tens of millions of people who think like I do, people who would like to stop all the goals of the WEF, Davos, and WHO crowd.

The Tucker Carlson Metric

Perhaps the simplest way to estimate the size of this market is to examine the audience of one of the world’s best-known “contrarian journalists,” Tucker Carlson.

Before Carlson was fired by Fox News, his nightly news show routinely drew four million viewers per night, which made it the top-rated news program in North America. Over the course of a month, the show might have attracted 10 million viewers.

As we all know, Carlson was fired for producing content that was extremely popular with millions of adults. But Carlson didn’t disappear or stop producing “taboo” commentary and news segments, he simply moved to Twitter (now X) and kept doing the exact same thing.

Carlson’s interview with Vladimir Putin garnered more than 150 million views and his various streaming podcasts routinely double or triple the number of people he was reaching on Fox News.

Since Tucker covers many of the same “taboo” subjects I do, one can conservatively estimate that at least 10 million of Carlson’s regular viewers strongly oppose everything the world’s so-called leaders want to make a reality. And that’s just Carlson’s audience.

Substack has more than 35 million subscribers, probably 20 percent of whom are searching for content they know they won’t find in, say, the New York Times or CBS News. That would be a “market” of 7 million freedom-supporting citizens.

Tucker was recently the guest on Joe Rogan’s podcast show. Rogan probably has an audience just as large and loyal as Carlson. Indeed, in their wide-ranging and fascinating conversation, Rogan made the point that shows like his and Tucker’s should now be considered “mainstream”…because they reach far more viewers than, say, the newscasts of the big TV networks (which actually aren’t so big anymore).

As far as I can tell, all the “alternative media” outlets are growing rapidly while all the traditional news outlets are Dead Men Walking.

Again, this is an extremely encouraging sign for anyone who believes that skeptical and independent speech is important to help ensure a world where real freedom might continue to exist.

But I Haven’t Mentioned the Biggest Group of Citizens

While “our side” greatly outnumbers the figure of key employees occupying all the captured organizations, the real population group that matters is the immense group that is sitting out this existential battle for freedom.

The citizens who will probably determine the outcome of this battle are the people who have not discovered the Substack contrarians or who never watch Joe Rogan…or who think Tucker Carlson is a dangerous extremist who should have been fired by Fox (and should now be fired by Elon Musk and X). This group numbers in the billions. 

(This would be the group that doesn’t want to think anymore about the Covid response or think about the possibility that scary-looking, worm-like clots might be in their veins and arteries right now.)

This group just wants to get through each day with adequate supplies of bread…and if they’re given a few mildly entertaining circuses to distract them from the challenges of their daily lives, that’s enough.

For this segment of the population, any big debate on “freedom” is either boring, not germane to their lives, or they love and appreciate Big Brother and are convinced he is protecting them.


What this means to you and me is that the denouement of this historic battle will be determined by a relatively small percentage of the world’s population.

On one side, we have the 200,000 or so leaders of thousands of important captured organizations. On the other side, we have 10 to 20 million citizens who’ve found each other in the alternative media. In the middle, we have a couple billion people who are oblivious to what’s really at stake.

Whatever way this massive middle group swings in the future, so goes the world.

One suspects the world’s real rulers know that their track record and planned agendas won’t stand up to close scrutiny. They know that their arguments are not as persuasive and could easily be debunked if our side’s arguments were to “go viral.”

To help keep this middle group indifferent or on their side, the Deep State concocted the concepts of disinformation and misinformation to smear or throttle the influence of those on our side.

The ever-growing Censorship Industrial Complex has performed its most important job with (disgusting) distinction. For now at least, the depressing truth is the masses don’t seem to care much about the issues that some of us think are tectonic.

This means recruiting the legions of people we need to recruit will be a strangely tough sale.

Our charge of persuading more of our neighbors to join our side has been made far more difficult by the false narrative that all of the important disinformation is coming from citizens like us, when, in fact, we don’t control any of the important information.

If and when the masses realize who’s been producing the real disinformation, freedom might pull an upset victory.

Republished from the author’s Substack

Author

  • Bill Rice

    Bill Rice, Jr. is a freelance journalist in Troy, Alabama.

Continue Reading

Brownstone Institute

Is the Overton Window Real, Imagined, or Constructed?

Published on

From the Brownstone Institute

BY Jeffrey A. TuckerJEFFREY A. TUCKER 

Ideas move from Unthinkable to Radical to Acceptable to Sensible to Popular to become Policy.

The concept of the Overton window caught on in professional culture, particularly those seeking to nudge public opinion, because it taps into a certain sense that we all know is there. There are things you can say and things you cannot say, not because there are speech controls (though there are) but because holding certain views makes you anathema and dismissable. This leads to less influence and effectiveness.

The Overton window is a way of mapping sayable opinions. The goal of advocacy is to stay within the window while moving it just ever so much. For example, if you are writing about monetary policy, you should say that the Fed should not immediately reduce rates for fear of igniting inflation. You can really think that the Fed should be abolished but saying that is inconsistent with the demands of polite society.

That’s only one example of a million.

To notice and comply with the Overton window is not the same as merely favoring incremental change over dramatic reform. There is not and should never be an issue with marginal change. That’s not what is at stake.

To be aware of the Overton window, and fit within it, means to curate your own advocacy. You should do so in a way that is designed to comply with a structure of opinion that is pre-existing as a kind of template we are all given. It means to craft a strategy specifically designed to game the system, which is said to operate according to acceptable and unacceptable opinionizing.

In every area of social, economic, and political life, we find a form of compliance with strategic considerations seemingly dictated by this Window. There is no sense in spouting off opinions that offend or trigger people because they will just dismiss you as not credible. But if you keep your eye on the Window – as if you can know it, see it, manage it – you might succeed in expanding it a bit here and there and thereby achieve your goals eventually.

The mission here is always to let considerations of strategy run alongside – perhaps even ultimately prevail in the short run – over issues of principle and truth, all in the interest of being not merely right but also effective. Everyone in the business of affecting public opinion does this, all in compliance with the perception of the existence of this Window.

Tellingly, the whole idea grows out of think tank culture, which puts a premium on effectiveness and metrics as a means of institutional funding. The concept was named for Joseph Overton, who worked at the Mackinac Center for Public Policy in Michigan. He found that it was useless in his work to advocate for positions that he could not recruit politicians to say from the legislative floor or on the campaign trail. By crafting policy ideas that fit within the prevailing media and political culture, however, he saw some successes about which he and his team could brag to the donor base.

This experience led him to a more general theory that was later codified by his colleague Joseph Lehman, and then elaborated upon by Joshua Treviño, who postulated degrees of acceptability. Ideas move from Unthinkable to Radical to Acceptable to Sensible to Popular to become Policy. A wise intellectual shepherd will manage this transition carefully from one stage to the next until victory and then take on a new issue.

The core intuition here is rather obvious. It probably achieves little in life to go around screaming some radical slogan about what all politicians should do if there is no practical means to achieve it and zero chance of it happening. But writing well-thought-out position papers with citations backed by large books by Ivy League authors and pushing for changes on the margin that keep politicians out of trouble with the media might move the Window slightly and eventually enough to make a difference.

Beyond that example, which surely does tap into some evidence in this or that case, how true is this analysis?

First, the theory of the Overton window presumes a smooth connection between public opinion and political outcomes. During most of my life, that seemed to be the case or, at least, we imagined it to be the case. Today this is gravely in question. Politicians do things daily and hourly that are opposed by their constituents – fund foreign aid and wars for example – but they do it anyway due to well-organized pressure groups that operate outside public awareness. That’s true many times over with the administrative and deep layers of the state.

In most countries, states and elites that run them operate without the consent of the governed. No one likes the surveillance and censorial state but they are growing regardless, and nothing about shifts in public opinion seem to make any difference. It’s surely true that there comes a point when state managers pull back on their schemes for fear of public backlash but when that happens or where, or when and how, wholly depends on the circumstances of time and place.

Second, the Overton window presumes there is something organic about the way the Window is shaped and moves. That is probably not entirely true either. Revelations of our own time show just how involved are major state actors in media and tech, even to the point of dictating the structure and parameters of opinions held in the public, all in the interest of controlling the culture of belief in the population.

I had read Manufacturing Consent (Noam Chomsky and Edward Herman; full text here) when it came out in 1988 and found it compelling. It was entirely believable that deep ruling class interests were more involved than we know about what we are supposed to think about foreign-policy matters and national emergencies, and, further, entirely plausible that major media outlets would reflect these views as a matter of seeking to fit in and ride the wave of change.

What I had not understood was just how far-reaching this effort to manufacture consent is in real life. What illustrates this perfectly has been media and censorship over the pandemic years in which nearly all official channels of opinion have very strictly reflected and enforced the cranky views of a tiny elite. Honestly, how many actual people in the US were behind the lockdowns policy in terms of theory and action? Probably fewer than 1,000. Probably closer to 100.

But thanks to the work of the Censorship Industrial Complex, an industry built of dozens of agencies and thousands of third-party cutouts including universities, we were led to believe that lockdowns and closures were just the way things are done. Vast amounts of the propaganda we endured was top down and wholly manufactured.

Third, the lockdown experience demonstrates that there is nothing necessarily slow and evolutionary about the movement of the Window. In February 2020, mainstream public health was warning against travel restrictions, quarantines, business closures, and the stigmatization of the sick. A mere 30 days later, all these policies became acceptable and even mandatory belief. Not even Orwell imagined such a dramatic and sudden shift was possible!

The Window didn’t just move. It dramatically shifted from one side of the room to the other, with all the top players against saying the right thing at the right time, and then finding themselves in the awkward position of having to publicly contradict what they had said only weeks earlier. The excuse was that “the science changed” but that is completely untrue and an obvious cover for what was really just a craven attempt to chase what the powerful were saying and doing.

It was the same with the vaccine, which major media voices opposed so long as Trump was president and then favored once the election was declared for Biden. Are we really supposed to believe that this massive switch came about because of some mystical window shift or does the change have a more direct explanation?

Fourth, the entire model is wildly presumptuous. It is built by intuition, not data, of course. And it presumes that we can know the parameters of its existence and manage how it is gradually manipulated over time. None of this is true. In the end, an agenda based on acting on this supposed Window involves deferring to the intuitions of some manager who decides that this or that statement or agenda is “good optics” or “bad optics,” to deploy the fashionable language of our time.

The right response to all such claims is: you don’t know that. You are only pretending to know but you don’t actually know. What your seemingly perfect discernment of strategy is really about concerns your own personal taste for the fight, for controversy, for argument, and your willingness to stand up publicly for a principle you believe will very likely run counter to elite priorities. That’s perfectly fine, but don’t mask your taste for public engagement in the garb of fake management theory.

It’s precisely for this reason that so many intellectuals and institutions stayed completely silent during lockdowns when everyone was being treated so brutally by public health. Many people knew the truth – that everyone would get this bug, most would shake it off just fine, and then it would become endemic – but were simply afraid to say it. Cite the Overton window all you want but what is really at issue is one’s willingness to exercise moral courage.

The relationship between public opinion, cultural feeling, and state policy has always been complex, opaque, and beyond the capacity of empirical methods to model. It’s for this reason that there is such a vast literature on social change.

We live in times in which most of what we thought we knew about the strategies for social and political change have been blown up. That’s simply because the normal world we knew only five years ago – or thought we knew – no longer exists. Everything is broken, including whatever imaginings we had about the existence of this Overton window.

What to do about it? I would suggest a simple answer. Forget the model, which might be completely misconstrued in any case. Just say what is true, with sincerity, without malice, without convoluted hopes of manipulating others. It’s a time for truth, which earns trust. Only that will blow the window wide open and finally demolish it forever.

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.

Continue Reading

Trending

X