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Brownstone Institute

The White House’s ‘Misinformation’ Pressure Campaign Was Unconstitutional

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From the Brownstone Institute

BY Aaron KheriatyAARON KHERIATY

I am one of five private plaintiffs in the landmark free speech case Missouri v. Biden. Earlier this month, the Fifth Circuit Court found that the government “engaged in a years-long pressure campaign designed to ensure that the censorship [on social media] aligned with the government’s preferred viewpoints” and that “the platforms, in capitulation to state-sponsored pressure, changed their moderation policies.” This resulted in the censoring of constitutionally protected speech of hundreds of thousands of Americans, tens of millions of times. Based on this finding, the Fifth Circuit in part upheld an injunction on certain public officials put in place by a district court.

Even when the government appealed the injunction to the Fifth Circuit, its lawyers hardly disputed  a single factual finding  from the court’s ruling. A unanimous three-judge panel upheld the core findings that “several officials—namely the White House, the Surgeon General, the CDC, and the FBI—likely coerced or significantly encouraged social-media platforms to moderate content, rendering those decisions state actions. In doing so, the officials likely violated the First Amendment.” The government again appealed the injunction to the Supreme Court, where we expect a ruling this week.

The government’s claim that the injunction limits public officials’ own speech is absurd misdirection. The government can say whatever it wants publicly; it just cannot stop other Americans from saying something else. Free speech matters not to ensure that every pariah can say whatever odious thing he or she chooses. Rather, free speech prevents the government from identifying every critic as a pariah whose speech must be shut down.

We are all harmed when our rulers silence criticism. Our government’s self-inflicted deafness prevented officials and their constituents from hearing viewpoints that should have had a meaningful impact on our policy decisions. Instead, government censorship resulted time and again in the silencing of scientifically informed criticisms of, for example, harmful COVID policies. This allowed misguided and divisive policies to persist far too long.

The scope of the current government censorship regime is historically unprecedented. “The present case arguably involves the most massive attack against free speech in United States’ history,” the district court judge explained in his ruling. He went on, “The evidence produced thus far depicts an almost dystopian scenario… The United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth’.” The Fifth Circuit panel concurred: “The Supreme Court has rarely been faced with a coordinated campaign of this magnitude orchestrated by federal officials that jeopardized a fundamental aspect of American life.”

The government’s only attempted defense is that it was merely offering help to the platforms without jawboning them—”just your friendly neighborhood government agency.” But the law is clear that even “significant encouragement” to censor protected speech—not just overt threats or coercion—is unconstitutional. We discovered that social media companies frequently tried to push back against government demands, before finally caving to relentless pressure and threats. The evidence we presented from 20,000 pages of communications between government and social media demonstrated both significant encouragement and coercion—as when Rob Flaherty, White House director of digital strategy, berated executives at Facebook and Google, dropping F-bombs, launching tirades, and browbeating the companies into submission—until they removed even a parody account satirizing President Joe Biden.

But the more insidious and powerful censorship happens when government pressures companies to change their terms of service and modify their algorithms to control what information goes viral and what information disappears down the memory hole. With sophisticated deboosting, shadowbanning, search results prioritization, and so forth, citizens do not even realize they are being silenced, and viewers remain unaware that their feeds are carefully curated by the government. Novelist Walter Kirn compared this to mixing a record: turn the volume up on this idea (more cowbell) and turn the volume down on that idea (less snare drum). The goal is complete top-down information control online.

We were dismayed to discover the number of government agencies now engaged in censorship (at least a dozen) and the range of issues they targeted: the State Department censored criticism of our withdrawal from Afghanistan and the Ukraine War, the Treasury Department censored criticism of our monetary policy, the FBI (surprise!) ran point on several censorship ops, and even the Census Bureau got in on the game. Other targeted topics ranged from abortion and gender to election integrity and COVID policy.

Much of the state censorship grunt work is outsourced to a tightly integrated network of quasi-private (i.e., government funded) NGOs, universities, and government cutouts employing thousands of people working round the clock to flag posts for takedown. But constitutional jurisprudence is clear: the government cannot outsource to private entities actions that would be illegal for the government itself to do. If a government agent hires a hit man, he is not off the hook simply because he did not personally pull the trigger.

So-called “misinformation research” at places like the Stanford Internet Observatory is a slippery euphemism for censorship—not only because Facebook executives admitted to censoring “often true” but inconvenient information under government pressure, but because these entities function as laundering operations for government censorship.

Recent attempts to rebrand the work of the censorship-industrial complex with more anodyne euphemisms—”information integrity” or “civic participation online”—don’t change the fact that this is not disinterested academic research, but cooperation in state-sponsored suppression of constitutionally protected speech, always in favor of the government’s preferred narratives.

CISA, the government’s censorship switchboard and clearinghouse agency housed within the Department of Homeland Securitydescribed its work as protecting our “cognitive infrastructure”—i.e., the thoughts inside your head—from bad ideas, such as the ones advanced in this article. (Not kidding: YouTube recently censored a video of our lawyers giving a talk on our censorship case.) These ideas aren’t throttled by government censors because they are untrue, but because they are unwelcome. There’s a more accurate term for the government’s takeover of our “cognitive infrastructure:” mind control. I don’t know a single American of any political persuasion who wants to be subjected to that.

Republished from Newsweek

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.

Brownstone Institute

The Media Refuses to Accept Covid Reality

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From the Brownstone Institute

By IAN MILLER

By late 2020, the media and public health establishment had two obsessions. One of their obsessions involved forcing the public to wear masks, even though the mountains of data and several studies had already confirmed that they don’t stop the transmission of respiratory viruses. The second obsession was forcing everyone to take Covid vaccines, regardless of their actual efficacy, risk of side effects, age or underlying health, or the vaccines’ rapidly waning efficacy.

Neither of those obsessions has abated, though even the most extreme, hardened Covid extremists have acknowledged that the vaccines were flawed, mandates were a mistake, and side effects should be acknowledged.

The media, unwilling to give up on the increased power, influence, and moral judgment it gained during the pandemic, has refused to accept that it effectively ended years ago.

So it’s no surprise that media outlets have noticed that, as we’ve seen every single summer since 2020, cases have increased, predominantly across the Western and Southern United States. Thankfully though, Los Angeles media, of course it had to be Los Angeles, has determined the culprit.

The Media Refuses to Accept Covid Reality

Turns out it’s not seasonality causing the increase, it’s outdated Covid vaccines and a lack of public masking, of course!

NBC Los Angeles “reported” that Covid cases in California and Los Angeles have “doubled” in the last month. This sounds horrifying and scary, doesn’t it? Yet it again, as is so often the case with Covid coverage, is misleading.

Let’s take a look at the current daily average of new cases in Los Angeles County:

Cases are so low they’re functionally indistinguishable from zero.

You can see why the media is scared, given how dramatic this surge appears to be compared to those in the previous four years. And thanks to NBC’s crack reporting and expert analysis, we know why this terrifying increase is happening. Spoiler alert: it’s all your fault that you haven’t controlled an uncontrollable respiratory virus with individual behavior that has no impact whatsoever on the spread of the coronavirus.

“People aren’t necessarily wearing masks; they’re not required to in certain places,” nurse practitioner Alice Benjamin, referenced as an expert by NBA LA said. “We’re traveling, we’re getting out for the summer. We also do have some reduced immunity. The vaccines will wane over time.”

Nowhere in the story is it mentioned that the massive jump in Covid cases in late 2021 and early 2022 happened immediately after LA County Public Health issued a press release celebrating the county for achieving 95+ percent masking rates at indoor businesses. No one seems willing or able to ask this nurse practitioner why she believes wearing masks would reduce this “surge,” if it failed so spectacularly in previous surges.

Endless Misinformation from ‘Experts’

She wasn’t done with the misinformation though. Benjamin warned that not enough Angelenos are getting the “updated” vaccine, which explains the summer increase.

“If you got it in October and later, that’s generally the updated vaccine,” Benjamin said. “If you got it prior to October, double check because if you did get the bivalent which has not been phased out, we recommend you do get an updated vaccine.”

And according to her, everyone should get it. Because the CDC said so.

“Per CDC recommendations, anyone 6 months or older should have at least one of the updated Covid vaccines,” Benjamin said.

Though, of course, no one on the crack NBC Los Angeles team thought to ask Benjamin why the “updated” October vaccine would help against the now common FLiRT variant when it emerged six months after the “updated” vaccine was released. Especially when the “study” process for booster doses is effectively nonexistent anyway. Pfizer and Moderna churn out a “targeted” dose that is supposed to protect against a variant that’s no longer circulating, never has to show any real-world benefit, and the regulatory agencies sign off on it, while the CDC recommends everyone get it.

Rinse, repeat.

Nor did anyone ask her what possible rationale there could be for forcing six-month-old babies to get vaccinated with a booster that has no studied efficacy against the currently circulating variant.

Her comments and the media reaction exemplify the problems with Covid discourse that started in 2020 and will apparently continue forever. A complete and purposeful ignorance of the facts, the data, and the evidence base. A willingness to advocate for the same sort of restrictions and interventions that have already failed. Ignorance of the booster process and endless appeals to public health authorities. Even though those authorities have made countless mistakes and refused to update their findings after being proven wrong.

The obvious question is: How does this type of absurdist discourse ever end? The answer, as we continue to see, is it doesn’t.

Republished from the author’s Substack

Author

Ian Miller is the author of “Unmasked: The Global Failure of COVID Mask Mandates.” His work has been featured on national television broadcasts, national and international news publications and referenced in multiple best selling books covering the pandemic. He writes a Substack newsletter, also titled “Unmasked.”

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Brownstone Institute

Censorship and the Corruption of Advertising

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From the Brownstone Institute

The most powerful companies in the world have united against free speech, and they’ve deployed your tax dollars to fund their mission.

Last week, the House Judiciary Committee released a report on the little-known Global Alliance for Responsible Media (GARM) and its pernicious promotion of censorship. GARM is a branch of the World Federation of Advertisers (WFA), a global association representing over 150 of the world’s biggest brands, including Adidas, British Petroleum, Nike, Mastercard, McDonald’s, Walmart, and Visa.

The WFA represents 90% of global advertising spending, accounting for almost $1 trillion per year. But instead of helping its clients reach the broadest market share possible, the WFA has appointed itself a supranational force for censorship.

Rob Rakowitz and the Mission to Supplant the First Amendment

Rob Rakowitz, the leader of the WFA, holds a particular disdain for free speech. He has derided the First Amendment and the “extreme global interpretation of the US Constitution,” which he dismissed as “literal law from 230 years ago (made by white men exclusively).”

Rakowitz led GARM’s effort to boycott advertising on Twitter in response to Elon Musk’s acquisition of the company. GARM bragged that it was “taking on Elon Musk” and driving the company’s advertising income “80% below revenue forecasts.”

Rakowitz also championed the unsuccessful effort to have Spotify deplatform Joe Rogan after he expressed skepticism for young, healthy men taking the Covid vaccine. Rakowitz attempted to intimidate Spotify executives by demanding to hold a meeting with them and a team that he said represented “P&G [Proctor and Gamble], Unilever, Mars,” and five advertising conglomerates. When a Spotify employee said he would meet with Rakowitz but not his censorsial consortium, Rakowitz forwarded the message to his partner, writing “this man needs a smack” for denying his demands.

The WFA extended its efforts to direct manipulation of the news market. Through a partnership with the taxpayer-funded Global Disinformation Index, GARM launched “exclusion lists,” which created de facto boycotts from advertising on “risky” sites, which it described as those that showed the “greatest level of disinformation risk.” These lists included the New York Post, RealClearPolitics, the Daily Wire, TheBlaze, Reason Magazine, and The Federalist. Left-wing outlets, such as the Huffington Post and Buzzfeed News, were placed on the list of “Least risky sites,” which facilitated increased advertising revenue.

GARM, the WFA, and Rakowitz is the latest scandal demonstrating the destruction of our liberties at the hands of consolidated power. Like the Trusted News Initiative or the Biden White House’s censorship efforts, the aim is to remove all sources of dissent to pave the way for the further corporatization of the oligarchy that increasingly replaces our republic.

The WFA’s Attack on Democracy

Just as Rakowitz could not hide his contempt for the First Amendment, WFA CEO Stephan Loerke demanded that his conglomerate overtake the democratic process.

In preparation for the Cannes Lions Festival (a gathering of billionaires and multinational corporations in the South of France every June), Loerke released a statement demanding companies “stay the course on DEI and sustainability.” According to Loerke, these policies must include responses to “climate change” and the promotion of “net zero” policies,” which have already wreaked havoc on Europeans’ quality of life.

Loerke wrote: “If we step back, who will push for progress on these vital areas?” Though he suggests the answer must be nobody, traditionally self-governing countries would charter their own courses in those “vital areas.” And in that paradigm, the corporation would be subordinate to the state.

But instead, the WFA has inverted that system. Through its clients, the trillion-dollar behemoth extracts money from governments and then deploys those funds to demand that we accept their reshaping of our culture. The parasite becomes the arbiter of “progress,” eroding the society responsible for its very existence.

As the WFA sought to punish any groups that criticized the Covid response, its client Abbott Laboratories received billions of dollars in federal funding to promote Covid tests in the US Army. As Loerke demands “net zero” policies that will unravel the Western way of life, WFA patrons like DellGEIBM, and Microsoft receive billions in revenue  from the US Security State.

The organization is fundamentally detached from traditional advertising, which aims to connect businesses with consumers to sell products or services; instead, it is a force for geopolitical and cultural manipulation.

Perhaps no WFA client better represents this phenomenon than AB InBev, the parent company to Bud Light, which destroyed billions of dollars in market value last year after selecting Dylan Mulvaney as the icon for its advertising campaign.

On its surface, the selection of Mulvaney as a spokesman appeared to be the result of an executive class detached from their clientele. But Rakowitz and the WFA reveal a deeper truth; they don’t misunderstand the public, they loathe them.

The organization is a force designed to punish them for their unfavorable, unapproved belief systems. It is an attack on the freedoms written into our Constitution as “literal law from 230 years ago,” as Rakowitz scoffed. The mission is to eviscerate “the right to receive information and ideas,” as our Supreme Court recognized in Stanley v. Georgia, and to make our republic subservient to its corporate oligarchy.

The stakes here are very high. The economic revolution of the 15th century and following was about a dramatic shift in decision-making, away from elites and toward the common people. With that came a wider distribution of property and rising wealth over many centuries, culminating in the late 19th century. Along with that came a shift in the focus of marketing, away from elites and toward everyone else.

The consolidation of advertising and its control by states strikes at the very heart of what free economies are supposed to be about. And yet, states that desire maximum control over the public mind must go there. They must gain full hegemony and that includes advertising. It should be stopped before it is too late to restore freedom over corporatism.

Author

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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