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Brownstone Institute

How the “Unvaccinated” Got It Right

Published

35 minute read

BY Robin KoernerROBIN KOERNER

Scott Adams is the creator of the famous cartoon strip, Dilbert. It is a strip whose brilliance derives from close observation and understanding of human behavior. Some time ago, Scott turned those skills to commenting insightfully and with notable intellectual humility on the politics and culture of our country.

Like many other commentators, and based on his own analysis of evidence available to him, he opted to take the Covid “vaccine.”

Recently, however, he posted a video on the topic that has been circulating on social media. It was a mea culpa in which he declared, “The unvaccinated were the winners,” and, to his great credit, “I want to find out how so many of [my viewers] got the right answer about the “vaccine” and I didn’t.”

“Winners” was perhaps a little tongue-in-cheek: he seemingly means that the “unvaccinated” do not have to worry about the long-term consequences of having the “vaccine” in their bodies since enough data concerning the lack of safety of the “vaccines” have now appeared to demonstrate that, on the balance of risks, the choice not to be “vaccinated” has been vindicated for individuals without comorbidities.

What follows is a personal response to Scott, which explains how consideration of the information that was available at the time led one person – me – to decline the “vaccine.” It is not meant to imply that all who accepted the “vaccine” made the wrong decision or, indeed, that everyone who declined it did so for good reasons.


  1. Some people have said that the “vaccine” was created in a hurry. That may or may not be true. Much of the research for mRNA “vaccines” had already been done over many years, and corona-viruses as a class are well understood so it was at least feasible that only a small fraction of the “vaccine” development had been hurried.The much more important point was that the “vaccine” was rolled out without long-term testing. Therefore one of two conditions applied. Either no claim could be made with confidence about the long-term safety of the “vaccine” or there was some amazing scientific argument for a once-in-a-lifetime theoretical certainty concerning the long-term safety of this “vaccine.” The latter would be so extraordinary that it might (for all I know) even be a first in the history of medicine. If that were the case, it would have been all that was being talked about by the scientists; it was not. Therefore, the more obvious, first state of affairs, obtained: nothing could be claimed with confidence about the long-term safety of the “vaccine.”Given, then, that the long-term safety of the “vaccine” was a theoretical crapshoot, the unquantifiable long-term risk of taking it could only be justified by an extremely high certain risk of not taking it. Accordingly, a moral and scientific argument could only be made for its use by those at high risk of severe illness if exposed to COVID. Even the very earliest data immediately showed that I (and the overwhelming majority of the population) was not in the group.

    The continued insistence on rolling out the “vaccine” to the entire population when the data revealed that those with no comorbidities were at low risk of severe illness or death from COVID was therefore immoral and ascientific on its face. The argument that reduced transmission from the non-vulnerable to the vulnerable as a result of mass “vaccination” could only stand if the long-term safety of the “vaccine” had been established, which it had not. Given the lack of proof of long-term safety, the mass-“vaccination” policy was clearly putting at risk young or healthy lives to save old and unhealthy ones. The policy makers did not even acknowledge this, express any concern about the grave responsibility they were taking on for knowingly putting people at risk, or indicate how they had weighed the risks before reaching their policy positions. Altogether, this was a very strong reason not to trust the policy or the people setting it.

    At the very least, if the gamble with people’s health and lives represented by the coercive “vaccination” policy had been taken following an adequate cost-benefit benefit, that decision would have been a tough judgment call. Any honest presentation of it would have involved the equivocal language of risk-balancing and the public availability of information about how the risks were weighed and the decision was made. In fact, the language of policy-makers was dishonestly unequivocal and the advice they offered suggested no risk whatsoever of taking the “vaccine.” This advice was simply false (or if you prefer, misleading,) on the evidence of the time inasmuch as it was unqualified.

  1. Data that did not support COVID policies were actively and massively suppressed. This raised the bar of sufficient evidence for certainty that the “vaccine” was safe and efficacious. Per the foregoing, the bar was not met.
  1. Simple analyses of even the early available data showed that the establishment was prepared to do much more harm in terms of human rights and spending public resources to prevent a COVID death than any other kind of death. Why this disproportionality? An explanation of this overreaction was required. The kindest guess as to what was driving it was “good-old, honest panic.” But if a policy is being driven by panic, then the bar for going along with it moves up even higher. A less kind guess is that there were undeclared reasons for the policy, in which case, obviously, the “vaccine” could not be trusted.
  1. Fear had clearly generated a health panic and a moral panic, or mass formation psychosis. That brought into play many very strong cognitive biases and natural human tendencies against rationality and proportionality. Evidence of those biases was everywhere; it included the severing of close kin and kith relationships, the ill-treatment of people by others who used to be perfectly decent, the willingness of parents to cause developmental harm to their children, calls for large-scale rights violations that were made by large numbers of citizens of previously free countries without any apparent concern for the horrific implications of those calls, and the straight-faced, even anxious, compliance with policies that should have warranted responses of laughter from psychologically healthy individuals (even if they had been necessary or just helpful). In the grip of such panic or mass formation psychosis the evidential bar for extreme claims (such as the safety and moral necessity of injecting oneself with a form of gene therapy that has not undergone long-term testing) rises yet further.
  1. The companies responsible for manufacturing and ultimately profiting from the “vaccination” were given legal immunity. Why would a government do that if it really believed that the “vaccine” was safe and wanted to instill confidence in it? And why would I put something in my body that the government has decided can harm me without my having any legal redress?
  1. If the “vaccine”-sceptical were wrong, there would still have been two good reasons not to suppress their data or views. First, we are a liberal democracy that values free speech as a fundamental right and second, their data and arguments could be shown to be fallacious. The fact that the powers-that-be decided to violate our fundamental values and suppress discussion invites the question of “Why?” That was not satisfactorily answered beyond, “It’s easier for them to impose their mandates in a world where people do not dissent:” but that is an argument against compliance, rather than for it. Suppressing information a priori suggests that the information has persuasive force. I distrust anyone who distrusts me to determine which information and arguments are good and which are bad when it is my health that is at stake – especially when the people who are promoting censorship are hypocritically acting against their declared beliefs in informed consent and bodily autonomy.
  1. The PCR test was held up as the “gold standard” diagnostic test for COVID. A moment’s reading about how the PCR test works indicates that it is no such thing. Its use for diagnostic purposes is more of an art than a science, to put it kindly. Kary Mullis, who in 1993 won the Nobel Prize in Chemistry for inventing the PCR technique risked his career to say as much when people tried to use it as a diagnostic test for HIV to justify a mass program of pushing experimental anti-retroviral drugs on early AIDS patients, which ultimately killed tens of thousands of people. This raises the question, “How do the people who are generating the data that we saw on the news every night and were being used to justify the mass “vaccination” policy handle the uncertainty around PCR-based diagnoses?” If you don’t have a satisfactory answer to this question, your bar for taking the risk of “vaccination” should once again go up. (On a personal note, to get the answer before making my decision about whether to undergo “vaccination,” I sent exactly this question, via a friend, to an epidemiologist at Johns Hopkins. That epidemiologist, who was personally involved in generating the up-to-date data on the spread of pandemic globally, replied merely that s/he works with the data s/he’s given and does not question its accuracy or means of generation. In other words, the pandemic response was largely based on data generated by processes that were not understood or even questioned by the generators of that data.)
  1. To generalize the last point, a supposedly conclusive claim by someone who demonstrably cannot justify their claim should be discounted. In the case of the COVID pandemic, almost all people who acted as if the “vaccine” was safe and effective had no physical or informational evidence for the claims of safety and efficacy beyond the supposed authority of other people who made them. This includes many medical professionals – a problem that was being raised by some of their number (who, in many cases, were censored on social media and even lost their jobs or licenses). Anyone could read the CDC infographics on mRNA “vaccines” and, without being a scientist, generate obvious “But what if..?” questions that could be asked of experts to check for themselves whether the pushers of the “vaccines” would personally vouch for their safety. For example, the CDC put out an infographic that stated the following.“How does the vaccine work?The mRNA in the vaccine teaches your cells how to make copies of the spike protein. If you are exposed to the real virus later, your body will recognize it and know how to fight it off. After the mRNA delivers the instructions, your cells break it down and get rid of it.”

    All right. Here are some obvious questions to ask, then. “What happens if the instructions delivered to cells to generate the spike protein are not eliminated from the body as intended? How can we be sure that such a situation will never arise?” If someone cannot answer those questions, and he is in a position of political or medical authority, then he shows himself to be willing to push potentially harmful policies without considering the risks involved.

  2. Given all of the above, a serious person at least had to keep an eye out for published safety and efficacy data as the pandemic proceeded. Pfizer’s Six-month Safety and Efficacy Study was notable. The very large number of its authors was remarkable and their summary claim was that the tested vaccine was effective and safe. The data in the paper showed more deaths per head in the “vaccinated” group than “unvaccinated” group.

While this difference does not statistically establish that the shot is dangerous or ineffective, the generated data were clearly compatible with (let us put it kindly) the incomplete safety of the “vaccine” – at odds with the front-page summary. (It’s almost as if even professional scientists and clinicians exhibit bias and motivated reasoning when their work becomes politicized.) At the very least, a lay reader could see that the “summary findings” stretched, or at least showed a remarkable lack of curiosity about, the data – especially given what was at stake and the awesome responsibility of getting someone to put something untested inside their body.

  1. As time went on, it became very clear that some of the informational claims that had been made to convince people to get “vaccinated,” especially by politicians and media commentators, were false. If those policies had been genuinely justified by the previously claimed “facts,” then determination of the falsity of those “facts” should have resulted in a change in policy or, at the very least, expressions of clarification and regret by people who had previously made those incorrect but pivotal claims. Basic moral and scientific standards demand that individuals put clearly on the record the requisite corrections and retractions of statements that might influence decisions that affect health. If they don’t, they should not be trusted – especially given the huge potential consequences of their informational errors for an increasingly “vaccinated” population. That, however, never happened. If the “vaccine”-pushers had acted in good faith, then in the wake of the publication of new data throughout the pandemic, we would have been hearing (and perhaps even accepting) multiple mea culpas. We heard no such thing from political officials, revealing an almost across-the-board lack of integrity, moral seriousness, or concern with accuracy. The consequently necessary discounting of the claims previously made by officials left no trustworthy case on the pro-lockdown, pro-“vaccine” side at all.To offer some examples of statements that were proven false by data but not explicitly walked back:“You’re not going to get COVID if you get these vaccinations… We are in a pandemic of the unvaccinated.” – Joe Biden;

    “The vaccines are safe. I promise you…” – Joe Biden;

    “The vaccines are safe and effective.” – Anthony Fauci.

    “Our data from the CDC suggest that vaccinated people do not carry the virus, do not get sick – and it’s not just in the clinical trials but it’s also in real world data.” – Dr. Rochelle Walensky.

    “We have over 100,000 children, which we’ve never had before, in… in serious condition and many on ventilators.” – Justice Sotomayer (during a case to determine legality of Federal “vaccine” mandates)…

    … and so on and so on.

    The last one is particularly interesting because it was made by a judge in a Supreme Court case to determine the legality of the federal mandates. Subsequently, the aforementioned Dr. Walensky, head of the CDC, who had previously made a false statement about the efficacy of the “vaccine,” confirmed under questioning that the number of children in hospital was only 3,500 – not 100,000.

    To make more strongly the point about prior claims and policies’ being contradicted by subsequent findings but not, as a result, being reversed, the same Dr. Walensky, head of the CDC, said, “the overwhelming number of deaths – over 75% – occurred in people that had at least four comorbidities. So really these were people who were unwell to begin with.” That statement so completely undermined the entire justification for the policies of mass-“vaccination” and lockdowns that any intellectually honest person who supported them would at that point have to reassess their position. Whereas the average Joe might well have missed that piece of information from the CDC, it was the government’s own information so the presidential Joe (and his agents) certainly could not have missed it. Where was the sea change in policy to match the sea change in our understanding of the risks associated with COVID, and therefore the cost-benefit balance of the untested (long-term) “vaccine” vs. the risk associated with being infected with COVID? It never came. Clearly, neither the policy positions nor their supposed factual basis could be trusted.

  1. What was the new science that explained why, for the first time in history, a “vaccine” would be more effective than natural exposure and consequent immunity? Why the urgency to get a person who has had COVID and now has some immunity to get “vaccinated” after the fact?
  1. The overall political and cultural context in which the entire discourse on “vaccination” was being conducted was such that the evidential bar for the safety and efficacy of the “vaccine” was raised yet further while our ability to determine whether that bar had been met was reduced. Any conversation with an “unvaccinated” person (and as an educator and teacher, I was involved in very many), always involved the “unvaccinated” person being put into a defensive posture of having to justify himself to the “vaccine”-supporter as if his position was de facto more harmful than the contrary one. In such a context, accurate determination of facts is almost impossible: moral judgment always inhibits objective empirical analysis. When dispassionate discussion of an issue is impossible because judgment has saturated discourse, drawing conclusions of sufficient accuracy and with sufficient certainty to promote rights violations and the coercion of medical treatment, is next to impossible.
  1. Regarding analytics (and Scott’s point about “our” heuristics beating “their” analytics), precision is not accuracy. Indeed, in contexts of great uncertainty and complexity, precision is negatively correlated with accuracy. (A more precise claim is less likely to be correct.) Much of the COVID panic began with modeling. Modeling is dangerous inasmuch as it puts numbers on things; numbers are precise; and precision gives an illusion of accuracy – but under great uncertainty and complexity, model outputs are dominated by the uncertainties on the input variables that have very wide (and unknown) ranges and the multiple assumptions that themselves warrant only low confidence. Therefore, any claimed precision of a model’s output is bogus and the apparent accuracy is only and entirely that – apparent.

We saw the same thing with HIV in the ‘80s and ‘90s. Models at that time determined that up to one-third of the heterosexual population could contract HIV. Oprah Winfrey offered that statistic on one of her shows, alarming a nation. The first industry to know that this was absurdly wide of the mark was the insurance industry when all of the bankruptcies that they were expecting on account of payouts on life insurance policies did not happen. When the reality did not match the outputs of their models, they knew that the assumptions on which those models were based were false – and that the pattern of the disease was very different from what had been declared.

For reasons beyond the scope of this article, the falseness of those assumptions could have been determined at the time. Of relevance to us today, however, is the fact that those models helped to create an entire AIDS industry, which pushed experimental antiretroviral drugs on people with HIV no doubt in the sincere belief that the drugs might help them. Those drugs killed hundreds of thousands of people.

(By the way, the man who announced the “discovery” of HIV from the White House – not in a peer-reviewed journal – and then pioneered the huge and deadly reaction to it was the very same Anthony Fauci who has been gracing our television screens over the last few years.)

  1. An honest approach to data on COVID and policy development would have driven the urgent development of a system to collect accurate data on COVID infections and the outcomes of COVID patients. Instead, the powers that be did the very opposite, making policy decisions that knowingly reduced the accuracy of collected data in a way that would serve their political purposes. Specifically, they 1) stopped distinguishing between dying of COVID and dying with COVID and 2) incentivized medical institutions to identify deaths as caused by COVID when there was no clinical data to support that conclusion. (This also happened during the aforementioned HIV panic three decades ago.)
  1. The dishonesty of the pro-“vaccine” side was revealed by the repeated changes of official definitions of clinical terms like “vaccine” whose (scientific) definitions have been fixed for generations (as they must be if science is to do its work accurately: definitions of scientific terms can change, but only when our understanding of their referents changes). Why was the government changing the meanings of words rather than simply telling the truth using the same words they had been using from the beginning? Their actions in this regard were entirely disingenuous and anti-science. The evidential bar moves up again and our ability to trust the evidence slides down.

In his video (which I mentioned at the top of this article), Scott Adams asked, “How could I have determined that the data that [“vaccine”-sceptics] sent me was the good data?” He did not have to. Those of us who got it right or “won” (to use his word) needed only to accept the data of those who were pushing the “vaccination” mandates. Since they had the greatest interest in the data pointing their way, we could put an upper bound of confidence in their claims by testing those claims against their own data. For someone without comorbidities, that upper bound was still too low to take the risk of “vaccination” given the very low risk of severe harm from contracting COVID-19.

In this relation, it is also worth mentioning that under the right contextual conditions, absence of evidence is evidence of absence. Those conditions definitely applied in the pandemic: there was a massive incentive for all of the outlets who were pushing the “vaccine” to provide sufficient evidence to support their unequivocal claims for the vaccine and lockdown policies and to denigrate, as they did, those who disagreed. They simply did not provide that evidence, obviously because it did not exist. Given that they would have provided it if it had existed, the lack of evidence presented was evidence of its absence.

For all of the above reasons, I moved from initially considering enrolling in a vaccine trial to doing some open-minded due diligence to becoming COVID-“vaccine”-sceptical. I generally believe in never saying “never” so I was waiting until such time as the questions and issues raised above were answered and resolved. Then, I would be potentially willing to get “vaccinated,” at least in principle. Fortunately, not subjecting oneself to a treatment leaves one with the option to do so in the future. (Since the reverse is not the case, by the way, the option value of “not acting yet” weighs somewhat in favor of the cautious approach.)

However, I remember the day when my decision not to take the “vaccine” became a firm one. A conclusive point brought me to deciding that I would not be taking the “vaccine” under prevailing conditions. A few days later, I told my mother on a phone call, “They will have to strap me to a table.”

  1. Whatever the risks associated with a COVID infection on the one hand, and the “vaccine” on the other, the “vaccination” policy enabled massive human rights violations. Those who were “vaccinated” were happy to see the “unvaccinated” have basic freedoms removed (the freedom to speak freely, work, travel, be with loved ones at important moments such as births, deaths, funerals etc.) because their status as “vaccinated” allowed them to accept back as privileges-for-the-“vaccinated” the rights that had been removed from everyone else. Indeed, many people grudgingly admitted that they got “vaccinated” for that very reason, e.g. to keep their job or go out with their friends. For me, that would have been to be complicit in the destruction, by precedent and participation, of the most basic rights on which our peaceful society depends.People have died to secure those rights for me and my compatriots. As a teenager, my Austrian grandfather fled to England from Vienna and promptly joined Churchill’s army to defeat Hitler. Hitler was the man who murdered his father, my great-grandfather, in Dachau for being a Jew. The camps began as a way to quarantine the Jews who were regarded as vectors of disease that had to have their rights removed for the protection of the wider population. In 2020, all I had to do in defense of such rights was to put up with limited travel and being barred from my favorite restaurants, etc., for a few months.

Even if I were some weird statistical outlier such that COVID might hospitalize me despite my age and good health, then so be it: if it were going to take me, I would not let it take my principles and rights in the meanwhile.

And what if I were wrong? What if the massive abrogation of rights that was the response of governments around the world to a pandemic with a tiny fatality rate among those who were not “unwell to begin with” (to use the expression of the Director of the CDC) was not going to end in a few months?

What if it were going to go on forever? In that case, the risk to my life from COVID would be nothing next to the risk to all of our lives as we take to the streets in the last, desperate hope of wresting back the most basic freedoms of all from a State that has long forgotten that it legitimately exists only to protect them and, instead, sees them now as inconvenient obstacles to be worked around or even destroyed.

Author

  • Robin Koerner

    Robin Koerner is a British-born citizen of the USA, who currently serves as Academic Dean of the John Locke Institute. He holds graduate degrees in both Physics and the Philosophy of Science from the University of Cambridge (U.K.).

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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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