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Supreme Court Agrees to Hear Missouri v. Biden

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From the Brownstone Institute

BY Aaron KheriatyAARON KHERIATY  

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

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

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

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

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

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

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

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

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

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

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

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

Republished from the author’s Substack

Author

  • Aaron Kheriaty

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

International

Elon Musk forms America Party after split with Trump

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Elon Musk announced Saturday he is forming the “America Party,” claiming it will challenge what he calls the “one-party system” in Washington. The move follows his public split with President Trump and appears aimed at targeting Republicans who supported the president’s domestic agenda.

Key Details:

  • Musk announced the America Party on X, declaring that Americans are living under a “one-party system” and need a new political alternative.
  • The launch followed his criticism of Trump’s One Big Beautiful Bill.
  • On Independence Day, Musk posted a poll asking if Americans wanted “independence from the two-party (some would say uniparty) system,” which he cited as support for forming the party.

Diving Deeper:

Elon Musk formally announced the launch of his new political outfit — the “America Party” — on Saturday, marking a new chapter in his increasingly public clash with Republican leadership.

“When it comes to bankrupting our country with waste & graft, we live in a one-party system, not a democracy,” Musk wrote on his platform, X. “Today, the America Party is formed to give you back your freedom.”

The announcement comes as tensions between Musk and President Trump have escalated. While Musk previously worked closely with the administration as head of the Department of Government Efficiency, the relationship has deteriorated in the wake of Trump’s push for the One Big Beautiful Bill, a major domestic package that Musk now openly criticizes.

In a series of recent posts, Musk vowed to help primary Republican lawmakers who backed the bill. “They will lose their primary next year if it is the last thing I do on this Earth,” he posted earlier this week.

He’s offered few specifics beyond that, other than suggesting the party will “laser-focus” on a handful of Senate and House races in 2026. So far, there’s been no indication of a formal party structure, candidate recruitment, or funding plan.

Critics were quick to compare Musk’s move to Ross Perot’s 1992 presidential bid, which many credit with splitting the conservative vote and aiding Bill Clinton’s election. “You are pulling a Ross Perot, and I don’t like it,” one user reportedly responded on X.

Meanwhile, Trump has reportedly explored options to retaliate. According to multiple reports, the president has discussed whether to revoke federal contracts connected to Musk’s companies and even floated questions about his citizenship. “We’ll have to take a look,” Trump told reporters when asked directly.

While it’s too early to tell whether the America Party will amount to more than a personal platform, the political message is clear: Musk is now openly working against Republicans he once aligned with, and doing so under his own banner.

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Disaster

Texas flood kills 43 including children at Christian camp

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Flash flooding in Kerr County, Texas has left at least 43 people dead—including 15 children—after a wall of water tore through camps and neighborhoods along the Guadalupe River. Among the victims were young girls attending a Christian summer camp, as families grieve and recovery efforts intensify.

Key Details:

  • Officials confirmed Saturday that 43 people have died—28 adults and 15 children—following early Friday morning floods in Kerr County. Seventeen victims remain unidentified.
  • Four young girls who died—ages 8 and 9—were attending Camp Mystic, a nearly 100-year-old Christian summer camp for girls. Dozens of campers were briefly unaccounted for.
  • The camp’s director, Dick Eastland, was among the dead after reportedly racing to a cabin in an effort to save girls trapped in rising waters. Another local camp director also died.

Diving Deeper:

Texas is reeling from one of the deadliest flash floods in recent memory, with at least 43 confirmed dead—including 15 children—after floodwaters surged through Kerr County early Friday morning. Officials said 12 adults and five children have yet to be identified.

Much of the devastation centered around the historic Camp Mystic, a Christian summer camp for girls situated along the Guadalupe River, where dozens of campers were swept up in the flood. Family members have since confirmed that four of the victims—8-year-olds Renee Smajstrla and Sarah Marsh, and 9-year-olds Janie Hunt and Lila Bonner—had been attending the camp.

Renee’s uncle reportedly wrote on Facebook that she was “living her best life at Camp Mystic.” Sarah’s family shared that the Alabama girl was “a spunky ray of light,” while Lila’s relatives described their pain as “unimaginable.”

The camp’s longtime director, Dick Eastland, died heroically while trying to rescue girls from a cabin as waters rushed through the grounds. Another director, Jane Ragsdale of the nearby Heart O’ the Hills Camp, was also killed. Though her camp wasn’t in session, she was on the property when the flood struck.

Camp Mystic, which serves hundreds of girls each summer, was left in ruins. “The camp was completely destroyed,” said 13-year-old Elinor Lester, who was among those rescued. Photos show cabins torn open, trees ripped from the ground, and bunk beds submerged nearly to the top by river water.

As many as 27 girls at the camp were swept up by the flooding, but several have since been reunited with their families. Ashley Flack, whose daughter attended Mystic, said Saturday, “There are lots of families missing, children and friends… Our daughter is safe. Our son is safe. The operation to get the girl camp out did a good job.”

Rescue missions pulled at least 858 people to safety, and eight were reported injured. Officials noted that while other nearby camps were also impacted, those campers have been accounted for and are awaiting evacuation as crews work to repair damaged roads.

Texas Governor Greg Abbott expanded a disaster declaration on Saturday to include 21 counties. More than 1,000 state personnel and 800 vehicles are assisting in rescue and recovery, while FEMA, the Texas National Guard, and Coast Guard aircraft have been deployed to aid in the search.

President Trump posted on Truth Social Saturday, saying: “Melania and I are praying for all of the families impacted by this horrible tragedy. Our Brave First Responders are on site doing what they do best. GOD BLESS THE FAMILIES, AND GOD BLESS TEXAS!”

Forecasters say more rain could fall over the next 48 hours, raising the risk of additional flooding across Central Texas. The Guadalupe River last saw similar tragedy in 1987, when 10 teenagers died after a church bus was swept away.

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