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Brownstone Institute

The Choice Is Liberty or Lockdown

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BY JEFFREY A. TUCKER

Two years after the first edition, the second edition of Liberty or Lockdown is now in print, just as the US president announced the end of the pandemic. The emergency declaration that excused the mass violation of human rights is still in effect.

The significance of the timing of the first edition of this book is obvious to anyone who has lived through our strange times: September 2020. That was six months following the lockdown of most of the world during which places where people might “congregate” were shut by governments.

The reason was to avoid, mitigate, eliminate maybe, or otherwise diminish the disease impact of the virus that caused Covid. This was before the vaccine came out, before the Great Barrington Declaration, and before data on excess deaths the world over showed vast carnage from these policy decisions.

The state was unleashed on the population as never before, in the name of science. There are no words to describe my outrage then and now.

The onset of lockdowns put me to work trying to understand the thinking, a process which took me back through the history of pandemics, the relationship between infectious disease and freedom, and the origin of lockdown ideology in 2005.

The times during which this book was written were beyond strange. People went full medieval in every way in which that term can be understood. There was public flogging in the form of masking and the abolition of fun, feudalistic segregation and disease shaming, the practical end of most medical care unless it was for Covid, the scapegoating of non-compliers, the neglect and abuse of children, and a turn to other pre-modern forms. All of this became worse once the non-sterilizing vaccines appeared on the market that many if not most people were forced to accept at pains of losing their jobs.

Writing now in September of 2022, I cannot even imagine going through the pain of putting this research together again. I’m very pleased it was done then because now this book survives as a marker that there was dissent, if nothing else. I’ve added no new essays though I’ve written hundreds since then. The second edition should really stand as is.

This was also a period of time – still is today – when vast numbers of people feel betrayed by technology, media, politicians, and even their one-time intellectual heroes. It is a time of grave destruction with still-broken supply chains, roaring inflation, mass cultural demoralization, labor market confusions, shattered lives of young and old, and terrible uncertainty about the future.

When I put this book to bed in 2020, I had hoped we were near the end of this disaster. How wrong I was! Let us hope, too, that it is a period of rebuilding, however quietly it is taking place.

Starting Brownstone Institute is part of that for me. So many others have joined. Today we published articles from all over the world since so many around the world have shared in this suffering. What will it take to emerge from the other side?

From my point of view, it is not complicated. We need a renewed appreciation of human liberty and rights. That’s it. That is the whole prescription. It does not sound hard but apparently it is. This task will likely consume the rest of our lives.

Jeffrey Tucker

September 2022

Introduction to the Portuguese Edition (2021)

As I write, and much to my astonishment and sadness, the world is still in chains. These chains have been created by governments. They bind their citizens’ choices and actions in the name of virus control. I had expected the folly of lockdowns to end within weeks after their imposition, once the data were in on the demographics of severe outcomes. But through a terrible combination of factors – government and public ignorance and fear, media frenzy, big tech censorship, the outsized voice of fake lockdown science, and an unwillingness on the part of the lockdown industry to admit error – they continued for a full year and continue today.

On the day I’m writing, Paris and Berlin are once again under lockdown, Sao Paulo is being brutalized, and ever larger parts of Eastern and Western Europe are experimenting with a third round of failure. Anthony Fauci in the US is all over the media essentially denying that human immunity exists in any meaningful sense, kids are still being kept out of school, businesses are being forced to engage in preposterous rituals just to survive, most members of the ruling class parade in masks in a theatrical affectation that they are following the science, and a weary people are massively divided between those who want to believe the authorities and those who have lost all credulity in public health.

Our communities are shattered, our houses of worship in diaspora, our spirits crushed, and our expectations for the good life in tatters.

Also pouring in are the devastating data on the consequences of lockdown. The economic costs are stupefying, beyond anything we imagined we would ever see. The cultural costs are too, with arts and music devastated, along with the industries that support them. The most interesting and possibly counterintuitive costs are related to public health itself: the missed cancer screenings, the missed appointments, the prevalence of suicide ideation, the record drug overdoses, the alcoholism, the mental and emotional despair. As for settled matters of human rights – the freedom to speak, travel, worship, learn, trade – they are suddenly all in question.

It’s true that parts of the world are entirely open, and thank goodness for them. These places are experiencing no worse outcomes, and often much better outcomes, from the severe aspects of this disease than those who are still experimenting with rolling lockdowns. More evidence pours in by the day: this is a normal virus, with natural immunity, with distinct characteristics that should be mitigated by medical professionals one person at a time – not managed by politicians and their advisors with agendas that have nothing to do with public health.

I’ve been involved in the debate over the government’s role in disease control for at least 15 years. Until last year, the consensus of the experts was that governments have a very limited role, simply because of the capacity of pathogens to outsmart even the best intentions of the powerful and their plans. In the golden age of public health in the 20th century, such brutal methods as public quarantines, shutdowns, mandatory masks, closures, travel restrictions, and universal stay-at-home orders were specifically ruled out as counterproductive, overly disruptive, and futile for achieving the task of minimizing damage from new pathogens. The powers to do all this have been there for the better part of 15 years or possibly for longer but they were not deployed for good reasons.

For reasons that will become increasingly clear over time, 2020 became the year of the great experiment. Suddenly, “nonpharmaceutical interventions” would replace our laws, our settled traditions of liberty, and love of peace and prosperity, and even the ideals of the Enlightenment itself. We put fear above rationality, division above community, power above rights, wild experiments above settled science, and the intellectual pretensions of a tiny ruling class above the interests of the social order.

It was all so shocking and inexplicable that most of the world’s population sat through month after month in a state of confused delirium, attached to screens with pundits preaching to us daily that all of this was necessary and good. And yet, we all recall now that humanity has always lived amidst pathogens new and old. We dealt with them and cobbled together an implicit social contract around infectious disease: we agreed nonetheless to build civilization and experience social progress, treating sickness and death as something to mitigate within the context of human rights. For the first time ever, we tried a global lockdown as scripted by scientific elites.

But now writing one year later, I’m pleased to say that the days of shock and awe are over, gradually being replaced by disillusionment with the ruling class and incredulity toward those who did this to us. There is no power on earth strong enough or rich enough to suppress truth. Truth exists within the realm of ideas, and that is a realm of infinite reproducibility, malleability, and portability, subject only to the willingness of the curious and courageous to tell that truth in every possible way to as many people as possible in every venue available. This is how truth wins, reaching one mind at a time.

We’ve all been tested during this last year. What are our intellectual commitments? Do we really believe them or have we adopted them for career reasons? What are the pressures to which we will succumb in order to relinquish our principles for prestige? How much are we willing to give up in order to fight for a cause larger than ourselves? I’ve been surrounded by heroes this year who have inspired me – God bless them – and others who were unwilling to step up when their voices were most needed, much to my sadness.

That aside, let’s all admit something: part of each of us has been broken by these lockdowns. No one wants to live in a world in which our essential rights and liberties can be granted or taken away based on the judgment calls of a handful of scientists who have no regard for our traditions of law. That’s called tyranny. We now know how terrible it is. And how futile. How demoralizing. How utterly ghastly and unconscionable.

I somehow always come around to silver linings, not only because it is my personality but also because they always exist. The silver lining is that much of the world has lived through the apotheosis of statism, that ugly ideology that posits that force is a better way to organize the world than choice. We dabbled in it as societies for the better part of 100 years and then suddenly in one year we went full on, just as a test. That test completely failed. We know it first hand. As I write, I’m confident that we’ve seen the worst of it.

Now is our chance – right now – to choose another path. We don’t need to work out every detail. We don’t need an alternative plan. And it’s not just about getting a new set of political leaders. What we need is a different philosophy. I humbly suggest that the philosophy that built modern civilization – that which we once called liberalism – will do just fine as a base line. Let us believe it, rally around it, institutionalize it, protect it, and fight for it. In doing so, we are not just working in our own self-interest but also in the common good of all.

Never lockdowns. Never again.

Author

  • Jeffrey A. Tucker, Founder and President of the Brownstone Institute, is an economist and author. He has written 10 books, including Liberty or Lockdown, and thousands of articles in the scholarly and popular press. He writes a daily column on economics at The Epoch Times, and speaks widely on topics of economics, technology, social philosophy, and culture.

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Brownstone Institute

The White House Makes Good on Its Antitrust Threats

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From the Brownstone Institute

BY Jeffrey A. TuckerJEFFREY A. TUCKER

On May 5, 2021, White House press secretary Jen Psaki issued a mob-like warning to social-media companies and information distributors generally. They need to get with the program and start censoring critics of Covid policy. They need to amplify government propaganda. After all, it would be a shame if something would happen to these companies.

These were her exact words:

The president’s view is that the major platforms have a responsibility related to the health and safety of all Americans to stop amplifying untrustworthy content, disinformation and misinformation, especially related to Covid-19 vaccinations and elections. And we’ve seen that over the past several months. Broadly speaking, I’m not placing any blame on any individual or group. We’ve seen it from a number of sources. He also supports better privacy protections and a robust antitrust programSo, his view is that there’s more that needs to be done to ensure that this type of misinformation, disinformation, damaging, sometimes life threatening information is not going out to the American public.

On the face of it, the antitrust action against Apple is about their secure communications network. The Justice Department wants the company to share their services with other networks. As with so many other antitrust actions in history, this is really about the government’s taking sides in competitive disputes between companies, in this case Samsung and other smartphone providers. They resent the way Apple products all work together. They want that changed.

The very notion that the government is trying to protect consumers in this case is preposterous. Apple is a success not because they are exploitative but because they make products that users like, and they like them so much that they buy ever more. It’s not uncommon that a person gets an iPhone and then a Macbook, an iPad, and then AirPods. All play well together.

The Justice Department calls this anticompetitive even though competing is exactly the source of Apple’s market strength. That has always been true. Yes, there is every reason to be annoyed at the company’s hammer-and-tongs enforcement of its intellectual property. But their IP is not the driving force of the company’s success. Its products and services are.

Beyond that, there is a darker agenda here. It’s about bringing new media into the government propaganda fold, exactly as Psaki threatened. Apple is a main distributor of podcasts in the country and world, just behind Spotify (which is foreign controlled). There are 120 million podcast listeners in the US, far more than pay attention to regime media in total.

If the ambition is to control the public mind, something must be done to get those under control. It’s not enough just to nationalize Facebook and Google. If the purpose is to end free speech as we know it, they have to go after podcasting too, using every tool that is available.

Antitrust is one tool they have. The other is the implicit threat to take away Section 230 that grants legal liability to social networks that immunize them against what would otherwise be a torrent of litigation. These are the two main guns that government can hold to the head of these private communications companies. Apple is the target in order to make the company more compliant.

All of which gets us to the issue of the First Amendment. There are many ways to violate laws on free speech. It’s not just about sending a direct note with a built-in threat. You can use third parties. You can invoke implicit threats. You can depend on the awareness that, after all, you are the government so it is hardly a level playing field. You can embed employees and pay their salaries (as was the case with Twitter). Or, in the case of Psaki above, you can deploy the mob tactic of reminding companies that bad things may or may not happen if they persist in non-compliance.

Over the last 4 to 6 years, governments have used all these methods to violate free speech rights. We are sitting on tens of thousands of pages of proof of this. What seemed like spotty takedowns of true information has been revealed as a vast machinery now called the Censorship Industrial Complex involving dozens of agencies, nearly one hundred universities, and many foundations and nonprofit organizations directly or indirectly funded by government.

You would have to be willfully blind not to see the long-run ambition. The goal is a mass reversion to the past, a world like we had in the 1970s with three networks and limited information sources about anything going on in government. Back then, people did not know what they did not know. That’s how effective the system was. It came about not entirely because of active censorship but because of technological limitations.

The information age is called that because it blew up the old system, offering hope of a new world of universal distribution of ever more information about everything, and promising to empower billions of users themselves to become distributors. That’s how the company YouTube got its name: everyone could be a TV producer.

That dream was hatched in the 1980s, gained great progress in the 1990s and 2000s, and began fundamentally to upend government structures in the 2010s. Following Brexit and the election of Donald Trump in 2016 – two major events that were not supposed to happen – a deep establishment said that’s enough. They scapegoated the new systems of information for disrupting the plans of decades and reversing the planned course of history.

The ambition to control every nook and cranny of the Internet sounds far-flung but what choice do they have? This is why this machinery of censorship has been constructed and why there is such a push to have artificial intelligence take over the job of content curation. In this case, machines alone do the job without human intervention, making litigation nearly impossible.

The Supreme Court has the chance to do something to stop this but it’s not clear that many Justices even understand the scale of the problem or the Constitutional strictures against it. Some seem to think that this is only about the right of government officials to pick up the phone and complain to reporters about their coverage. That is absolutely not the issue: content curation affects hundreds of millions of people, not just those posting but those reading too.

Still, if there is some concern about the supposed rights of government actors, there is a clear solution offered by David Friedman: post all information and exhortations about topics and content in a public forum. If the Biden or Trump administration has a preference for how social media should behave, it is free to file a ticket like everyone else and the recipient can and should make it and the response public.

This is not an unreasonable suggestion, and it should certainly figure into any judgment made by the Supreme Court. The federal government has always put out press releases. That’s a normal part of functioning. Bombarding private companies with secret takedown notices and otherwise deploying a huge plethora of intimidation tactics should not even be permitted.

Is there muscle behind the growing push for censorship? Certainly there is. This reality is underscored by the Justice Department’s antitrust actions against Apple. The mask of such official actions is now removed.

Just as the FDA and CDC became marketing and enforcement arms of Pfizer and Moderna, so too the Justice Department is now revealed as a censor and industrial promoter of Samsung. This is how captured agencies with hegemonic ambitions operate, not in the public interest but in the private interest of some industries over others and always with the goal of reducing the freedom of the people.

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.

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Journalistic Malpractice at The New York Times

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From the Brownstone Institute

The federal bureaucracy has hijacked our information centers to protect their own interests. They’ve stifled dissent to perpetuate their power, and the mainstream press has bowed to the Leviathan. Supreme Court Justices, perhaps the last line of defense against the tyrants’ aspiration to codify totalitarianism into law, appear primed to abandon the First Amendment.

An obsequious press corps now serves as the mouthpiece for the country’s vast censorship apparatus. Last Sunday, The New York Times ran a front page story “How Trump’s Allies Are Winning the War Over Disinformation.”

The Gray Lady covered the battle for the First Amendment in familiar doublethink. As we’ve covered throughout the Missouri v. Biden (now Murthy v. Missouri) proceedings, the censors deny the censorship exists while insisting we should be thankful that it does.

Government lawyers have argued that plaintiffs manufactured the case, and the allegations of censorship are nothing more than “an assortment of out-of-context quotes and select portions of documents that distort the record to build a narrative that the bare facts simply do not support.” At the same time, they insist the censorship is necessary “to prevent grave harm to the American people and our democratic processes.”

Harvard Law Professor Larry Tribe followed their lead, arguing that the private-public censorship apparatus is a “thoroughly debunked conspiracy theory” but that eliminating it “will make us less secure as a nation and will endanger us all every day.”

Now, The New York Times and other news outlets have joined in supporting the censors. The piece cites Nina Jankowicz, the aspiring tyrant known for her Mary Poppins-themed calls for censorship, who claimed there was “no shred of evidence” behind allegations that the Biden administration called to stifle dissent.

The article describes the censorship apparatus as a farcical right-wing fever dream in which President Trump “casts himself as victim and avenger of a vast plot to muzzle his movement.” At the same time, the authors cite the American Intelligence Community’s leading advocates for restricting the flow of information.

Jankowicz headed the Department of Homeland Security’s board on disinformation until the Biden administration suspended the Domestic Ministry of Truth in response to reports that Jankowicz was a prolific spreader of misinformation, including the Steele Dossier and the Hunter Biden laptop.

Jankowicz complained, without irony, to the Times that the resistance to online censorship created a “chilling effect.” She explained, “Nobody wants to be caught up in it.”

The Times also quoted Katie Starbird, who said that “the people that benefit from the spread of disinformation have effectively silenced many of the people that would try to call them out.” The Gray Lady did not note the irony that Starbird claimed to be “silenced” as the paper of record quoted her on the front page of the Sunday edition, nor did they explain her role at CISA, the Department of Homeland Security agency at the center of the censorship industry.

While serving on CISA’s “Misinformation & Disinformation” subcommittee, Starbird lamented that many Americans seem to “accept malinformation as ‘speech’ and within democratic norms.” Of course, those “norms” have been protected by the First Amendment for over 200 years. But CISA – led by zealots like Dr. Starbird – appointed themselves the arbiters of truth and worked with the most powerful information companies in the world to purge dissent.

The Times, Starbird, and Jankowicz represent the foundational lie underpinning the entire censorship complex: that the government and its bureaucrats hold a monopoly on truth. Justice Ketanji Brown Jackson apparently shared this view in oral arguments for Murthy v. Missouri, as she advocated for the right to abridge free speech provided the government offers a “compelling state interest.”

The First Amendment does not discriminate between true and false ideas; it offers a blanket protection of speech regardless of veracity. But notwithstanding legal protections, the Government has been the most prolific spreader of “misinformation” in the last four years. From natural immunity, to lockdowns, to vaccine efficacy, to mask mandates, to travel restrictions, to fatality rates, the “trust the science” crowd has silenced dissent that has often been more accurate than their government decrees.

In this process, left-wing institutions have abandoned their liberal values in the pursuit of power. As Brownstone outlined in “A Close Look at the Amici Briefs in Murthy v. Missouri,” supposedly liberal groups like Stanford University and Democratic Attorneys General urged the Court to promote censorship while the ACLU remained derelict in silence.

Journalists – once heralded as the Fourth Estate – have joined forces with the regime to disparage its challengers. In Slate, Mark Joseph Stern referred to Murthy v. Missouri as “inane” and “brain-meltingly dumb.” He made no effort to report the hundreds of pages in discovery that revealed the coordinated censorship campaigns directed from the White House, the Intelligence Community, and Big Tech, nor did he grapple with the laundry list of follies that flourished under government-sponsored censorship, including the Iraq War, Covid lockdowns, or Hunter Biden’s laptop.

Instead, he declares definitively that the Biden administration – the same one that proudly ignores the Court’s orders on student loans and demands the censorship of its political enemies – acted within its powers in response to “a once-in-a-century pandemic.”

These conclusory statements, utterly detached from the truth, are nothing new for Stern, whose work reveals him to be little more than a spokesman for the Democratic Party. In the confirmation hearings for Brett Kavanaugh, he called for increased investigations into Julie Swetnick’s easily-debunked allegation that Kavanaugh was a ring leader for a group of high school gang rapists. He described Christine Blasey Ford, a serial liar who has no evidence she ever met Kavanaugh, as a “folk hero to the left for the rest of time.” He chastised justices for not wearing masks as late as 2022 and derided judicial review of the nonsensical airline mask mandate as evidence of a “power-drunk juristocracy” and “badly broken” system.

Like so much of the authoritarian left, there is no nuance or variety to the power-seeking gambits. From mail-in voting to vaccine mandates to lockdowns to Elon Musk to affirmative action, the Slate author moves in lockstep with the mindless herd.

Stern is in no way remarkable, but he represents the transformation of the American left, which has ushered in a new era of authoritarianism draped in progressive language. Like Justice Jackson, the wolf comes in sheep’s clothing, dressed in politically correct standards of affirmative action and diversity politics. But the rainbow veneer cannot overcome the insidious threat to our republic.

The federal bureaucracy has hijacked our information centers to protect their own interests. They’ve stifled dissent to perpetuate their power, and the mainstream press has bowed to the Leviathan. Supreme Court Justices, perhaps the last line of defense against the tyrants’ aspiration to codify totalitarianism into law, appear primed to abandon the First Amendment.

A ruling for the government in Murthy v. Missouri could permanently transform the nation, the relationship between Government and private businesses, and Americans’ right to information. Even more alarmingly, it would suggest that due process no longer reigns supreme over political favoritism.

In Robert Bolt’s A Man for All Seasons, Thomas More asks his son-in-law, William Roper, if he would give the Devil the protection of the law. Roper responds that he’d “cut down every law in England” to get to the Devil.

“Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat?” More asks. “This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down…do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!”

Justice Jackson, the Biden Administration, Katie Starbird, and their allies in the media may believe they have a divine mission to censor alleged misinformation, that the Devil’s reincarnation has taken multiple forms in the bodies of RFK Jr., Alex Berenson, Jay Bhattacharya, and others; under our Constitution, however, the self-professed nobility of their missions does not excuse violations of the First Amendment.

Let us hope the Court realizes the graveness of the threat.

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  • Brownstone Institute

    Brownstone Institute is a nonprofit organization conceived of in May 2021 in support of a society that minimizes the role of violence in public life.

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