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Brownstone Institute

A Big Picture Look at the Disastrous Public Health Response to COVID-19

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24 minute read

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An underlying principle of public health is, or was, to provide the public with accurate information so that they can make good health choices for themselves and their community.

The past 3 years have seen this paradigm turned on its head, with the public’s money being used to deceive and coerce them, forcing them to follow public health dictates. The public has funded their own incarceration and impoverishment through their taxes, with public funds driving the unprecedented nonpharmaceutical, and then pharmaceutical, response to a virus that kills mainly old sick people near the end of their lives.

Children have had their education downgraded, and economies have been mangled, ensuring future generations will also pay. So, what did the public actually pay for?

COVID-19 was not novel, but a variation on previous respiratory disease.

Most healthy people infected with SARS-CoV-2 recover without any intervention, gaining natural immunity which, in the absence of vaccination, generates a more robust and long-lasting protection with less risk for reinfections as compared to individuals protected by vaccination alone. Globally, the infection fatality rate (IFR) of SARS-CoV-2 is about 0.15% and comparable to seasonal influenza (IFR 0,1 %). The IFR of those under twenty years was only 0.0013 %, and highest for those beyond 70 years. The IFR of COVID-19 among community-dwelling elderly is lower than previously reported in elderly overall.

A higher IFR was found in countries with many long-term care facilities, perhaps because exposure tends to occur through other immune-suppressed elderly, rather than immune competent children with lower viral loads. An aging population goes through the process of immunosenescence and increased incidence and severity of infectious diseases is expected.

Severe COVID-19, or COVID-19 Associated ARDS, is a syndrome within the known ARDS spectrum. Acute Respiratory Distress Syndrome (ARDS) and associated cytokine storm has been recognized for more than 50 years. It occurs when a diverse array of triggers causes acute, bilateral pulmonary inflammation and increased capillary permeability leading to acute hypoxemic respiratory failure.

Although supportive care improved the prognosis, mortality and disabling complications in survivors in intensive care are still high, and have remained relatively unchanged in the last 20 years. In 2013 an estimated 2.65 million deaths worldwide were attributed to Acute Respiratory Tract Infection.

As with other ARDS etiologies, people suffering from (COVID-19) ARDS are mostly elderly people with comorbidities including being overweight, hypertension, Type 2 diabetes and cardiovascular diseases, often using multiple medications. Other restrictions on the immune system, such as vitamin D deficiency, put people at increased risk.

As of July 2022, WHO reported over 601 million confirmed cases and over 6.4 million deaths associated with COVID-19 globally. More than half (3.5 million) died after the rollout of the COVID-19 vaccines, though 67.7 % of the world population has received at least one vaccination. The WHO estimates a total of 14.9 million excess deaths in 2020-2021 associated with COVID-19 directly due to the disease or indirectly due to the impact of the public health response on health systems and society.

Footing the bill for the disposal of orthodox public health

Since COVID-19 was recognized in Western countries in early 2020, expenditures on public health in many of them have more than doubled, imposing over $500 billion in monthly costs on the global economy. Some trillions more have been spent on compensation and stimulus packages for those left without income due to the public health response, whilst economies, and therefore future employment opportunities, have been heavily damaged. This is nearly all funded by taxpayers, or borrowed to be funded with interest by the taxpayers of the future.

Politicians and various experts have claimed that the coercive COVID-19 public health policies are the only way to curb COVID-19, though such measures were advised against by the WHO in its pandemic influenza guidelines of 2019. They would increase poverty and inequality, whilst having (still) unproven efficacy.

Citizens have paid the bill via taxes for novel nonpharmaceutical interventions (lockdowns, mask mandates and frequent testing) and repeated vaccinations of immune people with rapidly waning vaccines, whilst seeing their own incomes reduced. The increase in the money supply to cover relief for forced unemployment has driven inflation, contributing to increased food, water, energy, health and insurance costs. These responses have disproportionately harmed low income families.

Governments take over medical management

Early in the pandemic it became clear that intubating a COVID-19 patient could increase long-term harm and mortality. Unfortunately, many hospitals continued a low threshold for the use of ventilators for the fear that other methods of oxygenation would spread the virus. In 2020 the US spent billions of dollars stockpiling unused ventilators.

In many countries a relatively new antiviral drug, remdesivir, developed with State funding, became the first choice of treatment for hospitalized people with COVID-19. The safety and toxicity of the expensive remdesivir was widely disputed. Yet even after the first results of the WHO’s Solidarity study found little or no effect on reducing hospital stay or Covid deaths, the EU continued a €1.2 billion agreement with Gilead for 500,000 treatments and it continued to be prioritized for use in the United States.

Final results of the Solidarity study confirmed the finding of little or no effect. In contrast, the use of cheaper drugs with antiviral activity, like ivermectin and hydroxychloroquine, was suppressed. Although ivermectin is now included in lists of the US National Institutes of Health in August 2022, governments are silent on its use, preferring to transfer funds to Pharma for newer on-patent drugs.

Expanding lockdowns from prisons to society

Lockdowns may prove to be one of the gravest governmental failures of modern times. A cost-benefit analysis of the response to COVID-19 found lockdowns to be far more harmful to public health (at least 5-10 times) in terms of well-being than COVID-19. Significant collateral damage is not unexpected, as mass business closures and restricted movement have affected billions of people globally through poverty, food insecurity, loneliness, unemployment, educational interruption, and interrupted healthcare. What did not make media headlines is the more than 3 million children who have died from malnutrition in the first year of the pandemic. Together with increasing malnutrition, the world is facing rising burdens of child marriage and child labor, developmental and mental problems, poverty, suicide and chronic disease.

Reviews of the effects of lockdowns on COVID-19 mortality concluded there is no broad-based evidence of noticeable COVID-19 benefit. Pandemic models that guided poverty not only overestimated COVID-19 impact but failed to take into account the collateral damage of lockdowns. The sense of fear, anxiety and helplessness brought to families and 2.2 billion children around the globe with removal of future earning capacity and limited access to healthcare will impact lives in an unprecedented manner for generations.

A recent study analyzing the 50 states of the US, with 10 states that had no lockdown impositions, strongly support the hypothesis that lockdowns place a sudden and severe stress burden on vulnerable demographics and were associated with significant increases in death in those states that used lockdowns as a disease control measure.

Mental health problems, noncommunicable inflammatory diseases, cancer and sudden deaths have increased in people across all age groups, indicating millions of people may now have more compromised immune systems. The links between stress/anxiety, ill-health and early death have long been recognized.

Within Western countries, the most deprived people and neighborhoods have higher risks for severe COVID-19, and higher mortality rates. The underprivileged in society are disproportionately affected by infectious diseases due to poverty, malnutrition, chronic stress, depression and anxiety, a deprived immune system and poor access to health-care. Rather than enhancing the resilience of these populations, the public health response has compounded their poverty, removed education opportunities, and so increased their vulnerability to this and future pandemics.

Testing for sake of testing

State investments were made for COVID-19 diagnostics: PCR tests and point-of-care tests including rapid antigen tests. While billions of tests have been used, they are poor in distinguishing infectiousness and inaccuracy provides a false sense of security, with positive results unnecessary driving fear and sick leave.

The WHO had previously, sensibly, advised against contact tracing once extensive community spread is present – people will be infected eventually, and gain immunity. Spending resources to find a small proportion, not possibly sufficient to stop transmission, is epidemiologically pointless. No reason was provided for reversing this orthodox and logical advice.

Hiding faces to pollute the environment

While there is no sound scientific support for the effectiveness of face mask mandates in the community, including children, state governments invested in the availability of free face masks for all citizens. The two published randomized controlled trials of face masks during COVID-19 showed minimal or no impact, while meta-analyses of previous studiesshow no significant efficacy. Yet in the first half of 2020 importation of face masks in the EU grew 1,800 % to €14 billion, while the industry in 2021 was worth $4.58 billion globally. Face masks with microplastics and nanoparticles are now polluting the environment, and potentially increasing the risk of impaired immune systems.

Getting an awkward technology past the regulators

Despite severe COVID-19 being highly concentrated in elderly people since early 2020, with significant comorbidities and strong evidence of effectiveness of postinfection immunity, the WHO stated in early 2021 that vaccinating the global population against COVID-19 is the only long-term strategy to contain the coronavirus crisis; “No one is safe until everyone is safe”. Rising vaccination rates were said to be necessary to improve healthcare, job prospects and future educational plans.

Unfortunately, the peak efficiency of 97% and 96% respectively claimed for the Moderna and Pizer COVID-19 vaccines against COVID hospitalization waned rapidly after vaccination. The 6-month follow-up reports showed no reduction in all-cause mortality. The COVID-19 adenovector vaccines from Astra-Zeneca and Johnson & Johnson showed better protection against mortality but aren’t used for booster vaccinations in most countries due to the risk of vaccine-related side effects.

A recent peer-reviewed article by Fraiman et al. noted excess risk of serious adverse events analyzing the trial data of both mRNA vaccines that points to the need for formal harm-benefit analyses, particularly those that are stratified according to risk of serious COVID-19 outcomes. The authors request the public release of participant level datasets from the sponsoring drug companies, which is still not openly available.

Moreover, the vice president of Pfizer, answered the question of Rob Roos, a Dutch Europarlementarier during the European Commission on October 11, 2022, concerning whether the mRNA vaccine of Pfizer had been tested for prevention of transmission of the virus before the release of the vaccine in 2021. She said no, thus indicating the vaccine promotion and coercion was based on false arguments.

For authorization to use medical interventions the benefits need to outweigh the risks. These mRNA vaccines don’t clearly meet this bar for people under 70 years of age. A recent study by nine health experts from major universities found that per COVID-19 hospitalization prevented in previously uninfected young adults, between 18 and 98 serious adverse events were observed. In Scandinavian countries the use of the Moderna mRNA vaccine has been restricted for the potential risk of heart inflammation in adolescents

Although official reports on the side effects of the COVID-19 vaccines by Public Health Institutes have been limited, there is growing data on myocarditis, menstrual irregularities or the excess of all cause mortality and severe outcomes in vaccinated groups. The recent leakage of Israeli safety data and release of US CDC V safe Data show serious safety problems with COVID-19 vaccines that deliberately need further investigations.

Countries with the highest vaccination rates and strongest coercive measures have experienced high numbers of hospitalization and deaths, while some with a low vaccination rate, including many sub-Saharan countries maintained low Covid-19 mortality. Antibody responses are shown to be lower in elderly people while decreased responses or higher infection rates have occurred after repeated vaccinations. The CDC disclosed just how fast mRNA boosters can fail.

This calls into question the mass all-population vaccination and boosting strategy. Pascal Soriot, the CEO of Astra-Zeneca, has suggested that “booster jabs for healthy people on a yearly basis are a waste of tax money.

A temporary reprieve

On August 11, 2022, the US Centers for Disease Control and Prevention (CDC) stated that the virus now poses significantly lower risk due to high levels of immunity from vaccines and infections. On August 19, it changed its recommendations to reflect this, no longer differentiating between vaccine status or post-infection immunity. President Biden declared in September 2022 “The pandemic is over,” though it remains unclear what this means with ‘emergency’ measures remaining in place.

While the global economy has suffered, this is only clear from a specific standpoint. In contrast to the mass of the population, private companies are involved in the response, particularly in the pharmaceutical, biotech and web-based sectors. These companies have increased their wealth by hundreds of billions of dollars in 2020 and 2021, as did high-net-worth individuals, many of whom were advocating for the response that ensured this.

The beguiling vision of fleecing taxpayers to benefit the private sector

The current COVID-19 response has wiped out the gains from decades of global progress in health and income, especiallyfor women and has exacerbated persistent inequities. Unfortunately, a world that is facing the most serious health crisis in a century and the most serious economic and social crises since the second World War is now also on the hook to fund those who would repeat this.

Together with the WHO, world leaders have now called for a global pandemic preparedness treaty to make this state of affairs more readily repeatable. They justify this call for further diversion of public funds through the harms, financial and other, accrued during the COVID-19 outbreak.

This is driven by a vision that health is a political choice based on solidarity and ‘equity’ to be established in a centralized global response delivered via international organizations including the WHO, UNICEF, Gavi, (a global Vaccine Alliance) and the public-private partnership Coalition for Economic Preparedness Information (CEPI), launched in 2017 at the WEF by Bill Gates, the Wellcome Trust, Norwegian Government and others. Finance institutions, including the World Bank, have now stepped in to accelerate the growth of this burgeoning pandemic industry. A new World Bank-hosted Financial Intermediary Fund (FIF) for pandemic prevention, preparedness and response was installed at the G20 Health Ministerial Meeting in June 2022.

A real concern is growing that the new vision of drug and vaccine approval by the FDA and EMA will expand a commercialized market driven by drug manufacturers at the expense of rigorous independent scientific and regulatory review. This risks irreparable harm for many people while boosting the profits of pharmaceutical and biotech companies. Prescribed medications are already estimated to be the third most common contributor to death globally after heart disease and cancer.

Despite their stated intent, the investments in COVID-19 vaccinations and nonpharmaceutical interventions of the past three years have not improved human capital, economic and societal performance. Moreover illnesses, disabilities and mortality show steep rises in the working age group (25-64 years) as observed by insurance companies. Predictions by consultancy firms of the support Covid-19 vaccinations would provide to the economy have been unrealistic. Countries are now facing shortages of healthcare workers in part due to vaccine mandates, reducing healthcare access to people with ill-health who have paid insurance and tax money for healthcare. It might even result in bankruptcy of hospitals.

Good Health, the most precious asset of life 

The CEO of CEPI stated in an interview with McKinsey that “The emergent issue of waning immunity and the threat posed by the evolution of the virus tell us that we need to produce broader and more enduring immune responses.” Mass surveillance, lockdowns, wearing face masks and poorly effective COVID-19 vaccines have contributed to chronic stress, fear and anxiety that reduce the resilience of immunity. Unfortunately, when the immune system (immunosenescence) is weakened vaccinations are also less able to generate effective protection.

More state investments in frequent vaccinations, mass distribution of vaccines, developing new vaccines within 100 days, development of simulating models, and more clinical trials will be poor alternatives to strengthen the underlying immune systems through a life in freedom with high social capital, a healthy diet, education, sports, play, social interactions, equity in decision-making and fair earnings.

Health is key for resilient economies worldwide. The relationship between health and the economy is bidirectional, whereby economic growth enables funding in investments that improve health; and a healthy population contributes to and enhances an economy. Therefore, public and private investments in health for all needs to transform from maximizing value for money to positive cumulative impacts on people’s lives.

Optimizing health is the ultimate goal and a human right. The global response to the coronavirus pandemic has revealed an ethical crisis in public health, in which the pre-pandemic norms of public health ethics have been cast aside.

This has wrecked health, human rights and economies, whilst the people public health was supposed to serve it had to pay for its implementation, and will pay for its harms. It will be a long way back, and recovery will require public health to return to its servant nature, and leave the limelight where it caused such disaster.

Authors

  • Carla Peeters is founder and managing director of COBALA Good Care Feels Better. She obtained a PhD in Immunology from the Medical Faculty of Utrecht, studied Molecular Sciences at Wageningen University and Research, and followed a four-year course in Higher Nature Scientific Education with a specialization in medical laboratory diagnostics and research. She studied at various business schools including London Business School, INSEAD and Nyenrode Business School.

    David Bell, Senior Scholar at Brownstone Institute, is a public health physician and biotech consultant in global health. He is the former Program Head for malaria and febrile diseases at the Foundation for Innovative New Diagnostics (FIND) in Geneva, Switzerland.

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Brownstone Institute

Deborah Birx Gets Her Close-Up

Published on

From the Brownstone Institute

BY Bill RiceBILL RICE 

According to Birx, she intentionally buried the more draconian elements of the lockdowns in text at the end of long documents, theorizing (correctly apparently) that most reporters or readers would just “skim” the document and would not focus on how extreme and unprecedented these mandates actually were.

Most Americans will remember Dr. Deborah Birx as the “scarf lady” who served on the White House’s Covid Response Team beginning in February 2020.

According to a recently-released (but little-seen) 24-minute mini-documentary, it was Birx – even more so than Anthony Fauci – who was responsible for government “guidelines,” almost all of which proved to be unnecessary and disastrous for the country.

According to the documentary, the guidelines ran counter to President Trump’s initial comments on Covid, but ultimately “toppled the White House (and Trump) without a shot being fired.”

The mini-documentary (“It Wasn’t Fauci: How the Deep State Really Played Trump”) was produced by Good Kid Productions. Not surprisingly, the scathing 24-minute video has received relatively few views on YouTube (only 46,500 since it was published 40 days ago on Feb. 26).

I learned of the documentary from a colleague at Brownstone Institute, who added his opinion that “Birx (is) far more culpable than Fauci in the Covid disaster…Well worth the time to see the damage an utter non-scientist, CIA-connected, bureaucrat can do to make sure things are maximally bad.”

I agree; the significant role played by Birx in the catastrophic national response to Covid has not received nearly enough attention.

Brought in from out of Nowhere…

From the video presentation, viewers learn that Birx was added to the White House’s Coronavirus Task Force as its coordinator in latter February 2020.

Birx worked closely with Task Force chairman Vice President Mike Pence, a man one suspects will not be treated well by future historians.

According to the documentary, “career bureaucrats” like Birx somehow seized control of the executive branch of government and were able to issue orders to mayors and governors which effectively “shut down the country.”

These bureaucrats were often incompetent in their prior jobs as was Birx, who’d previously served as a scientist (ha!) in the Army before leading the government’s effort to “fight AIDS in Africa” (via the PEPFAR Program).

When Birx was installed as coordinator of Covid Response she simply rehashed her own playbook for fighting AIDS in Africa, say the filmmakers.

The three tenets of this response were:

  1. “Treat every case of this virus as a killer.”
  2. “Focus on children,” who, the public was told, were being infected and hospitalized in large numbers and were a main conduit for spreading the virus.
  3. “Get to zero cases as soon as possible.” (The “Zero Covid” goal).

The documentary primarily uses quotes from Scott Atlas, the White House Task Force’s one skeptic, to show that all three tenets were false.

Argued Atlas: Covid was not a killer – or a genuine mortality risk – to “99.95 percent” of the population. Children had virtually zero risk of death or hospitalization from Covid. And there was no way to get to “zero cases.”

Atlas Didn’t Shrug, but was Ignored…

Furthermore, the documentary convincingly illustrates how the views of Atlas were ignored and how, at some point, his ability to speak to the press was curtailed or eliminated.

For example, when Atlas organized a meeting for President Trump with Covid-response skeptics (including the authors of the Great Barrington Declaration) this meeting was schedule to last only five minutes.

The documentary also presents a report from the inspector general of the Department of State that was highly critical of Birx’s management style with the African “AIDS relief” program she headed.

Among other claims, the report said she was “dictatorial” in her dealings with subordinates and often “issued threats” to those who disagreed with her approach.

Shockingly, this highly-critical report was published just a month before she was appointed medical coordinator of the Coronavirus Task Force.

A particularly distressing sound bite from Birx lets viewers hear her opinion on how controversial “guidance” might be implemented with little pushback.

According to Birx, she intentionally buried the more draconian elements of the lockdowns in text at the end of long documents, theorizing (correctly apparently) that most reporters or readers would just “skim” the document and would not focus on how extreme and unprecedented these mandates actually were.

The documentary points out that Birx’s prescriptions and those of President Trump were often in complete conflict.

Birx, according to the documentary, once pointed this out to Vice President Pence, who told her to keep doing what she believed.

Indeed, the Vice President gave Birx full use of Air Force 2 so she could more easily travel across the country, spreading her lockdown message to governors, mayors, and other influencers.

Several Covid skeptic writers, including Jeffrey Tucker of Brownstone Institute, have noted that President Trump himself went from an opponent of draconian lockdowns to an avid supporter of these responses in a period of just one or two days (the pivotal change happened on or around March 10th, 2020, according to Tucker).

Whoever or whatever caused this change in position, it does not seem to be a coincidence that this about-face happened shortly after Birx – a former military officer – was named to an important position on the Task Force.

(Personally, I don’t give Anthony Fauci a pass as I’ve always figured he’s a “dark master” at manipulating members of the science/medical/government complex to achieve his own desired results.)

This documentary highlights the crucial role played by Deborah Birx and, more generally, how unknown bureaucrats can make decisions that turn the world upside-down.

That is, most Americans probably think presidents are in charge, but, often, they’re really not. These real rulers of society, one suspects, would include members of the so-called Deep State, who have no doubt installed sycophants like Fauci and Birx in positions of power.

I definitely recommend this 24-minute video.

A Sample of Reader Comments…

I also enjoyed the Reader Comments that followed this video. The first comment is from my Brownstone colleague who brought this documentary to my attention:

“… As I said, things can change over the period of 20 years but in the case of Birx/Fauci, I do not believe so. I have never seen people entrenched in the bureaucracy change.”

Other comments from the people who have viewed the mini-documentary on YouTube:

“Pence needs to be held accountable.”

“What does Debbie’s bank account look like?”

“(The) final assessment of President Trump at the 23:30 mark is, while painful, accurate. He got rolled.”

“This is very hard to find on YouTube. You can literally search the title and it doesn’t come up.”

“Excellent summary, hope this goes viral. Lots of lessons to learn for future generations.”

“Eye opening. Great reporting.”

Post from One Month Ago…

“37 likes after 3 years of the most controversial and divisive action in recent history. How can this be?”

“Oh never mind. YouTube hid it from the public for years.”

“Probably hasn’t been taken down yet for that reason, relatively low views.”

“Thanks for this! Sounds like everyone below President Trump was on a power trip and I didn’t think it was possible to despise Pence more than I already do.”

“…the backing of CDC, legacy media, WHO and government schools, business folding in fear are ALL responsible. Accountability for every person and agency is paramount!”

“Should be noted that her work on AIDS in Africa was just as useless and damaging.”

“First, any mature, adult woman who speaks with that much vocal fry should be immediately suspect. And the glee with which she recounts her role at undermining POTUS is remarkable and repulsive. This woman should NEVER be allowed to operate the levers of power again.”

Republished from the author’s Substack

Author

  • Bill Rice

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

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Brownstone Institute

Justices’ Grave Error in Murthy v. Missouri

Published on

From the Brownstone Institute

BY Aaron KheriatyAARON KHERIATY 

Along with my co-plaintiffs, I was at the Supreme Court last week for oral arguments in our Murthy v. Missouri case, in which we are challenging the federal government’s alleged censorship on social media. The Supreme Court will likely rule in June whether to uphold, modify, or strike down the Fifth Circuit Court of Appeals’ injunction against five federal agencies, in what, the district court judge wrote, “arguably involves the most massive attack against free speech in United States’ history.”

At the hearing, Justice Samuel Alito pointed out that emails between the White House and Facebook “showed constant pestering of Facebook.” He went on to comment, “I cannot imagine federal officials taking this approach to the print media…It’s treating these platforms like subordinates.” He then asked the government’s attorney, “Would you treat the New York Times or the Wall Street Journal this way? Do you think the print media considers themselves ‘partners’ with government? I can’t imagine the federal government doing that to them.”

The government’s attorney had to admit, “The anger is unusual” — referring to White House official Rob Flaherty literally cursing at a Facebook executive and berating him for not taking action quickly enough to comply with the government’s censorship demands.

Justice Brett Kavanaugh followed up, asking, “On the anger point, do you think federal government officials regularly call up journalists and berate them?” It’s worth recalling that Kavanaugh worked as a White House attorney before he was appointed to the court, as did Justices John Roberts and Elena Kagan. No doubt there were times they dialed a journalist or editor to try to convince them to change a story, clarify a factual assertion, or even hold or quash the publication of a piece. Kavanaugh admitted, “It’s not unusual for the government to claim national security or wartime necessity to suppress a story.”

Perhaps colorful language is sometimes used in these conversations, as Kavanaugh himself hinted. Kagan concurred: “Like Justice Kavanaugh, I have had some experience encouraging the press to suppress its own speech…This happens literally thousands of times a day in the federal government.” With a wink to the other former executive branch attorneys on the bench, Roberts quipped, “I have no experience coercing anyone,” which generated a rare chuckle from the bench and audience.

This analogy to government interactions with print media, however, does not hold in the case of the government’s relationship with social mediaThere are several crucial differences that profoundly change the power dynamic of those interactions in ways directly relevant to our case. These differences facilitate, in Alito’s words, the government treating the platforms like subordinates in ways that would be impossible with print media.

Behind the Scenes

First, when a government official contacts a newspaper, he is talking directly to the journalist or editor — the person whose speech he is trying to alter or curtail. The writer or editor has the freedom to say, “I see your point, so I’ll hold my story for one week to allow the CIA time to get their spies out of Afghanistan.” But the speaker also has the freedom to say, “Nice try, but I’m not persuaded I got the facts wrong on this, so I’m running the story.” The publisher here has the power, and there is little the government can do to threaten that power.

By contrast, with requests or demands for social media censorship, the government was never talking with the person whose speech was censored, but with a third party operating entirely behind the scenes. As my co-plaintiff, the eminent epidemiologist Dr. Martin Kulldorff, quipped, “I would have been happy to get a call from a government official and hear about why I should take down a post or change my views on the scientific evidence.”

Power Dynamic

Additionally, there is little the government can do to destroy the business model and cripple the New York Times or Wall Street Journal, and the journalists and editors know this. If the government pushes too hard, it will also be front page news the next day: “Government Trying to Bully The Post to Censor Our Breaking Story,” with the lede, “Naturally, we told them to go pound sand.”

But the power dynamic is entirely different with Facebook, Google, and X (formerly Twitter): The government does have a sword of Damocles to hang over the head of noncompliant social media companies if they refuse to censor — in fact, several swords, including the threat to remove Section 230 liability protections, which Facebook founder Mark Zuckerberg has accurately called an “existential threat” to their business, or threats to break up their monopolies. As the record in our lawsuit shows, the government explicitly made just such threats, even publicly on several occasions, in direct connection to their censorship demands.

Furthermore, unlike the major tech companies, newspapers or magazines do not have massive government contracts that might disappear if they refuse to comply. When the FBI or Department of Homeland Security calls Facebook or X with censorship demands, the corporate executives know that a weaponized agency has the power to launch frivolous but onerous investigations at any time. It thus becomes virtually impossible for social media companies to tell the government to take a hike — indeed, they may have a fiduciary duty to shareholders not to incur serious risks by resisting government pressure.

The text of the First Amendment doesn’t say the government shall not “prevent” or “forbid” free speech; it says the government shall not “abridge” free speech — i.e., shall not do anything to lesson a citizen’s ability to speak or diminish one’s potential reach. A sensible and clear injunction would simply state, “Government shall not request that social media companies remove or suppress legal speech.”

But if the justices want to distinguish between persuasion and coercion in the injunction, they need to appreciate that social media companies operate in a very different relationship with government than traditional print media. These asymmetrical power dynamics create a relationship ripe for unconstitutional government coercion.

Republished from The Federalist

Author

  • Aaron Kheriaty

    Aaron Kheriaty, Senior Brownstone Institute Counselor, is a Scholar at the Ethics and Public Policy Center, DC. 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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