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Brownstone Institute

No, Lockdown Instigators Do Not Deserve the Benefit of the Doubt

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In the United States, some 2,000,000 people—over 1% of adult men—currently reside in prisons and jails. In America’s poorest cities, crime and law enforcement are intertwined with life to such a degree that many children grow up more familiar with the justice system than the education system. For kids who grow up in these circumstances, getting through school while staying out of jail is a feat worth celebrating.

Some of this is, of course, necessary to maintain a peaceful society in a country as open and unequal as the United States. But the American political-prison-industrial complex is also riddled with perverse incentives. As Supreme Court Justice Neil Gorsuch put it: “We live in a world in which everything has been criminalized. And some professors have even opined that there’s not an American alive who hasn’t committed a felony under some state law.” We’ve even developed an Orwellian lexicon for this system; the term “crime of moral turpitude” is a tacit admission that America’s statutes are riddled with crimes that do not actually involve “moral turpitude”—it’s puzzling why these should be considered crimes at all.

Worse yet, an estimated 5% of convicts are actually innocent. That means there are currently some 100,000 Americans in prisons and jails who didn’t even commit the crimes for which they were charged. The sad truth is that just living in one of America’s poorest neighborhoods comes with some risk of incarceration; the more people around who are convicted, the greater the odds of becoming an innocent convict oneself. Juries do their best, but they’re beset by the usual human biases. Judges know all too well that verdicts often come down to such irrelevant factors as the defendant’s charisma, physical attractiveness, or even what the jury had for breakfast that morning.

Mass incarceration is one sad byproduct of inequality and community deterioration in the 21st century. But an even worse byproduct of that inequality is an entire caste of Western elites who’ve begun to manipulate the system to exempt themselves and their supporters from the rule of law to a degree not seen since the rise of the fascist regimes of the 1930s. And in no instance has this been made more clear than in the promulgation of Covid lockdowns into policy in early 2020.

The Crime

Lockdowns, or the shutting of businesses and community spaces with the force of law, were unprecedented in the Western world prior to Xi Jinping’s lockdown of Wuhan and weren’t part of any democratic country’s pandemic plan; rather, these pandemic plans suggested only voluntary social distancing measures. While lockdowns bore some facial resemblance to the voluntary social distancing measures contemplated in pandemic plans, this similarity was no coincidence, as the concept of “social distancing” in its origin was lifted by the US CDC straight from the Chinese Communist Party policy of “lockdown” as imposed during SARS in 2003. Further, some leading federal officials have disclosed that at the time they recommended temporary social distancing measures for Covid, they did so with the intent that state governors would enforce them as indefinite forced lockdowns.

As former UN Assistant Secretary-General Ramesh Thakur has documented in scrupulous detail, the harms that lockdowns would cause were all well-known and reported at the time they were first adopted as policy in early 2020. These included accurate estimates of mass deaths due to delayed medical operations, a mental health crisis, drug overdoses, an economic recession, global poverty, hunger, and starvation.

Yet regardless, for reasons we’re still only beginning to understand, some key scientistshealth officialsnational security officialsmedia entitiesinternational organizationsbillionaires and influencers advocated the broad imposition of these unprecedented, devastating policies from the earliest possible date, ostensibly to stop or slow the coronavirus as the CCP claims to have done in Wuhan, while censoring any contrary opinions, spinning a false illusion of consensus amongst an unknowing public. A report later revealed that military leaders saw this as a unique opportunity to test propaganda techniques on the public, shaping and “exploiting” information to bolster government messages about the virus. Dissenting scientists were silenced. Psyops teams deployed fear campaigns on their own people in a scorched-earth campaign to drive consent for lockdowns.

These early advocates of lockdowns inverted the definitions of key public health principles in sophisticated, Orwellian fashion. While the lockdowns they advocated were deliberately intended to overturn existing public health practices, they instructed the public to “follow the science,” leading the public to believe that their policies were grounded in established scientific practice. They used the rhetoric of equity and vulnerability to advocate policies that disproportionately harmed the most vulnerable and increased existing economic divides. They then retroactively cited the broad public support for lockdowns that had been sown by their own propaganda as justification for their propaganda in support of those lockdowns.

Ultimately, these lockdowns failed to meaningfully slow the spread of the coronavirus and killed tens of thousands of young people in every country in which they were tried. We now know the virus had already begun spreading undetected all over the world by fall 2019 at the latest and had an infection fatality rate under 0.2%.

However, the lockdowns caused the public to believe that the virus was hundreds of times deadlier than it really was. Simultaneously, the World Health Organization issued global PCR testing guidance—using tests later confirmed by the New York Times to have a false positive rate over 85%—pursuant to which millions of cases were soon discovered in every country. Additionally, the WHO issued new guidance on the use of mechanical ventilators to member nations; over 97% of those over age 65 who received mechanical ventilation in accordance with this guidance were killed.

Terrified by this surge of deaths and the psychological terror campaigns deployed by governments on their own people, populations across the Western world proceeded to impose an ever-darker swathe of illiberal mandates including forced masking and digital vaccine passes for everyday activities. Young children, who were at virtually no risk from the virus, lost years of primary education in the worst education crisis since the end of the Second World War. An indefinite state of legal emergency was imposed which continues to this day. The global fight for human rights and the end of poverty was set back decades.

Over $3 trillion in wealth was transferred from the world’s poorest to a tiny number of billionaires and their supporters, predominantly in China and in the tech and pharmaceutical industries. Several key early lockdown proponents indicated that they saw Covid as an opportunity to “entrench a new idea of ​​the left … reconstructing a cultural hegemony on a new basis.” Authoritarian regimes grew more autocratic, and democratic governments took on authoritarian characteristics.

Worst of all, a norm was grafted onto Western democracy that the fundamental rights to movement, work, association, bodily autonomy, and free expression, for which our forebears fought so tirelessly, can be suddenly and indefinitely suspended, without precedent, analysis, or logic, based on nothing but vague promises that doing so will “save lives”—rendering them all but moot.

Meanwhile, the lockdowns and mandates led to the deaths of over 170,000 Americans and proportionate numbers in countries that imposed them across the Western world. By 2021, lockdowns had killed over 228,000 children in South Asia. Studies of excess deaths indicate that lockdowns led to several million deaths in India and proportionate numbers in other developing nations.

A million here, a million there, pretty soon you’re talking real atrocities.

These numbers do not even begin to count the total damage that will ultimately ensue due to the economic devastation of lockdowns, which we will continue to witness for many years to come. Many early lockdown proponents may never be among the 2,000,000 Americans currently residing in jails and prisons, but we can be sure that thousands more would-be innocent children will one day be added to the prison rolls as a result of the economic destruction their policies unleashed.

Ladies and gentlemen, this case ultimately comes down to whether, unlike the other 2,000,000 Americans currently in state custody, we can be sure that by virtue of their socioeconomic position and the panic over a virus which panic they deliberately stoked with their own policies, this handful of key early lockdown proponents acted in good faith when they convinced the world to adopt these unprecedented, catastrophic policies based on the belief that China eliminated the virus from an entire country by shutting down one city for two months—so sure that the question demands no further inquiry. I leave that for you to decide.

Reprinted from the author’s Substack

Author

  • Michael P Senger is an attorney and author of Snake Oil: How Xi Jinping Shut Down the World. He has been researching the influence of the Chinese Communist Party on the world’s response to COVID-19 since March 2020 and previously authored China’s Global Lockdown Propaganda Campaign and The Masked Ball of Cowardice in Tablet Magazine. You can follow his work on Substack

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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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Brownstone Institute

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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