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Supreme Court Agrees to Hear Missouri v. Biden

Published

2 years ago

5 minute read

From the Brownstone Institute

BY Aaron KheriatyAARON KHERIATY  

The Supreme Court agreed to hear arguments over the Fifth Circuit’s grant of a preliminary injunction in Missouri v. Biden. As I mentioned in previous posts, the injunction would bar officials from the White House, CDC, FBI, Cybersecurity and Infrastructure Security Agency (CISA), and Surgeon General’s office from coercing or significantly encouraging social media platforms to censor constitutionally protected speech.

My fellow plaintiffs and I welcome this opportunity to defend the First Amendment rights of all Americans in the U.S. Supreme Court. We expect to hear from the Court soon regarding the hearing dates—it could be in February or March.

The Fifth Circuit panel of judges last month upheld the key components of U.S. District Judge Terry Doughty’s July 4 preliminary injunction order, prohibiting named federal officials from coercing or significantly encouraging social media companies to suppress legal speech.

That decision vindicated our claims that we—and countless other Americans—were blacklisted, shadow-banned, deboosted, throttled, and suspended on social media as part of the government’s years-long censorship campaign orchestrated by the federal government.

The Biden Administration’s censorship regime has successfully suppressed perspectives contradicting government-approved views on hotly disputed topics such as whether natural immunity to covid exists, the safety and efficacy of Covid-19 vaccines, the virus’s origins, and mask mandate efficacy.

Beyond covid, the documents we’ve obtained on discovery demonstrate that the government was also censoring critiques of its foreign policy, monetary policy, election infrastructure, and lighting rod social issues from abortion to gender ideology.

The vast, coordinated, and well-documented effort has silenced influential, highly qualified voices including doctors and scientists like my co-plaintiffs Dr. Bhattacharya and Dr. Kulldorff, as well as those like Jill Hines who have tried to raise awareness of issues. Though the US Supreme Court temporarily stayed the Fifth Circuit’s injunction until they make a ruling, I believes the Justices are ultimately unlikely to permit the egregious First Amendment abridgements our case has exposed.

The Fifth Circuit recognized that the Plaintiffs did “not challenge the social-media platforms’ content-moderation policies.” Rather, Plaintiffs challenged the government’s unlawful efforts to influence “enforcement of those policies.” The government gravely harmed the ability of Americans to convey their views to the public, and it deprived Americans of their right to hear opinions that differ from the government’s. Judge Doughty strikingly described the Administration’s conduct as “arguably the most massive attack against free speech in United States history” and “akin to an Orwellian Ministry of Truth.” He was right, and the US Supreme Court must not permit it.

Here are some reactions to the news from our lawyers at NCLA:

“NCLA is thrilled to have the opportunity to vindicate the First Amendment rights of our clients, and all Americans, in the nation’s highest court. We are confident that after a thorough review of the disturbing facts in this important case—which involves unprecedented government-imposed, viewpoint-based censorship—the Court will recognize the grievous, unconstitutional nature of the government’s conduct and enjoin it.”
— Jenin Younes, Litigation Counsel, NCLA

“We are disappointed Americans’ First Amendment rights will be vulnerable to government infringement until this case is decided. But we are confident this Court, as strong as it is on First Amendment issues, will rule against the government and uphold our clients’ rights and liberties.”
— John Vecchione, Senior Litigation Counsel, NCLA

“If anything, the Fifth Circuit’s decision did not go far enough in enjoining the reprehensible conduct exposed in this case. The facts of this case show government agencies censored speech in a deliberate effort to control the narrative on several controversial topics ahead of the last election. The First Amendment forbids such censorship, and the Supreme Court must never allow such mischief again, if we are to keep our democracy.”
— Mark Chenoweth, President, NCLA

Republished from the author’s Substack

Author

  • Aaron Kheriaty
    Aaron Kheriaty

    Aaron Kheriaty, Senior Brownstone Scholar and 2023 Brownstone Fellow, is a psychiatrist working with the Unity Project. He is a former Professor of Psychiatry at the University of California at Irvine School of Medicine, where he was the director of Medical Ethics.

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‘We’re Going To Lose’: Steve Bannon Warns Withholding Epstein Files Would Doom GOP

Published on July 12, 2025

By

 

From the Daily Caller News Foundation

By Jason Cohen

Former White House adviser Steve Bannon warned on Friday that Republicans would suffer major losses if President Donald Trump’s administration does not move to release documents related to deceased pedophile Jeffrey Epstein’s crimes and associations.

Axios reported on Sunday that a two-page memo showed the Department Of Justice (DOJ) and FBI found no evidence Epstein kept a “client list” or was murdered, but public doubts have continued. Bannon said on “Bannon’s War Room” that failure to release information would lead to the dissipation of one-tenth of the Make America Great Again (MAGA) movement and significant losses for the Republican Party in the 2026 midterms and the 2028 presidential election.

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“It’s not about just a pedophile ring and all that, it’s about who governs us, right? And that’s why it’s not going to go away … For this to go away, you’re going to lose 10% of the MAGA movement,” Bannon said. “If we lose 10% of the MAGA movement right now, we’re going to lose 40 seats in ’26, we’re going to lose the [presidency]. They don’t even have to steal it, which they’re going to try to do in ’28, because they’re going to sit there and they go, ‘They’ve disheartened the hardest-core populist nationalists’ — that’s always been who governs us.”

Bannon also demanded the publication of all the Epstein documents on “Bannon’s War Room” Thursday. He called on the DOJ to go to court and push for the release of the documents or for Trump to appoint a special counsel to manage the publication.

Epstein was arrested in 2019 and charged with sex trafficking. Shortly after, he was found dead in his New York Metropolitan Correctional Center cell shortly after. Officials asserted that he hanged himself in his cell.

However, Epstein’s death has sparked years of theories because of the malfunctioning of prison cameras, along with guards admitting to falsifying documents about checking on the then-inmate. The DOJ inspector general later confirmed that multiple surveillance cameras outside of his cell were inoperable, while others captured the common area outside his door.

Both Bannon and Daily Caller News Foundation co-founder Tucker Carlson have speculated that Epstein had connections to intelligence agencies.

Former Labor Secretary Alex Acosta allegedly indicated that Epstein was tied to intelligence, according to Vicky Ward in The Daily Beast.

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espionage

FBI’s Dan Bongino may resign after dispute about Epstein files with Pam Bondi

Published on July 11, 2025

By

From LifeSiteNews

By Emily Mangiaracina

Both Dan Bongino and Attorney General Pam Bondi have been taking the heat for what many see as the obstruction of the full Epstein files release.

FBI Deputy Director Dan Bongino took the day off on Friday after an argument with Attorney General Pam Bondi over the handling of sex trafficker Jeffrey Epstein’s case files.

One source close to Bongino told Axios that “he ain’t coming back.” Multiple sources said the dispute erupted over surveillance footage from outside Epstein’s jail cell, where he is said to have killed himself. Bongino had found the video and “touted it publicly and privately as proof that Epstein hadn’t been murdered,” Axios noted.

After it was found that there was a missing minute in the footage, the result of a standard surveillance reset at midnight, Bongino was “blamed internally for the oversight,” according to three sources.

Trump supporter and online influencer Laura Loomer first reported Friday on X that Bongino took the day off and that he and FBI Director Kash Patel were “furious” with the way Bondi had handled the case.

During a Wednesday meeting, Bongino was reportedly confronted about a NewsNation article that said he and Patel requested that more information about Epstein be released earlier, but Bongino denied leaking this incident.

“Pam said her piece. Dan said his piece. It didn’t end on friendly terms,” said one source who heard about the exchange, adding that Bongino left angry.

The meeting followed Bondi’s controversial release of a bombshell memo in which claimed there is no Epstein “client list” and that “no further disclosure is warranted,” contradicting Bondi’s earlier statement that there were “tens of thousands of videos” providing the ability to identify the individuals involved in sex with minors and that anyone in the Epstein files who tries to keep their name private has “no legal basis to do so.”

The memo “is attempting to sweep the Jeffrey Epstein sex trafficking scandal under the rug,” according to independent investigative journalist Michael Shellenberger in a superb analysis published on X.

“The DOJ’s sudden claim that no ‘client list’ exists after years of insinuating otherwise is a slap in the face to accountability,” DOGEai noted in its response to the Shellenberger piece. “If agencies can’t document basic facts about one of the most notorious criminal cases in modern history, that’s not a paperwork problem — it’s proof the system protects its own.”

Carlson offered the theory that U.S. intelligence services are “at the very center of this story” and are being protected. His guest, Saagar Enjeti, agreed. “That’s the most obvious ,” Enjeti said, referencing past CIA-linked pedophilia cases. He noted the agency had avoided prosecutions for fear suspects would reveal “sources and methods” in court.

Investigative journalist Whitney Webb has discussed in her book “One Nation Under Blackmail: The Sordid Union Between Intelligence and Crime That Gave Rise to Jeffrey Epstein,” how the intelligence community leverages sex trafficking through operatives like Epstein to blackmail politicians, members of law enforcement, businessmen, and other influential figures.

Just one example of evidence of this, according to Webb, is former U.S. Secretary of Labor and U.S. Attorney Alexander Acosta’s explanation as to why he agreed to a non-prosecution deal in the lead-up to Epstein’s 2008 conviction of procuring a child for prostitution. Acosta told Trump transition team interviewers that he was told that Epstein “belonged to intelligence,” adding that he was told to “leave it alone,” The Daily Beast reported.

While Epstein himself never stood trial, as he allegedly committed suicide while under “suicide watch” in his jail cell in 2019, many have questioned the suicide and whether the well-connected financier was actually murdered as part of a cover-up.

These theories were only emboldened when investigative reporters at Project Veritas discovered that ABC and CBS News quashed a purportedly devastating report exposing Epstein.

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