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Censorship Industrial Complex

Kennedy, CHD win injunction in landmark censorship case against Biden administration

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From LifeSiteNews

This article was originally published by The Defender — Children’s Health Defense’s News & Views Website.

The court recognized that the “right of free speech is a fundamental constitutional right that is vital to the freedom of our nation, and the Kennedy plaintiffs have produced evidence of a massive effort by defendants, from the White House to federal agencies, to suppress speech based on its content.”

A federal judge on Wednesday handed Robert F. Kennedy Jr. and Children’s Health Defense (CHD) a partial win in their landmark censorship case alleging the Biden administration colluded with social media platforms to unlawfully censor online content.

Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana issued a preliminary injunction prohibiting key Biden administration officials and agencies from coercing or significantly encouraging social media platforms to suppress or censor online content.

However, Judge Doughty simultaneously issued a stay on the injunction until 10 days after the U.S. Supreme Court rules on a similar case, Murthy v. Missouri.

That case, filed in May 2022 by the attorneys general of Missouri and Louisiana and several individual plaintiffs, was originally filed as Missouri v. Biden.

The Supreme Court is set to hear arguments on March 18 on a preliminary injunction in Murthy v. Missouri.

Mary Holland, CHD president, told The Defender that the Valentine’s Day ruling was “a welcome Valentine to the Kennedy plaintiffs,” and “an important victory for the U.S. Constitution.”

She added:

“In a thorough decision, Judge Doughty reasoned that the plaintiffs do have ‘standing’ or the right to sue and be heard; that the defendants have engaged in coercion or significant encouragement to censorship and joint action with social media platforms; and that the court is required to issue the preliminary injunction.

“Further, because it is well-established that violations of free speech rights constitute irreparable injury, the Court acted even before an ultimate decision from the Supreme Court in Murthy v. Missouri. Judge Doughty wrote: ‘This Court … finds the balance of equities and the public interest strongly favors the issue of a preliminary injunction.’

“No doubt the Supreme Court will take account of this ruling as it hears oral arguments in Murthy v. Missouri on March 18.”

The suit was filed on behalf of the more than 80% of Americans who access news through social media.

Judge Doughty consolidated Kennedy v. Biden and Murthy v. Biden in July 2023. Both cases were being argued in his court and had the same defendants and many common legal and factual issues.

Although the cases were consolidated, Doughty ruled that the District Court continues to have jurisdiction over Kennedy and CHD’s separate motion for a preliminary injunction, underscoring the fact that a delayed ruling would delay Kennedy from vindicating his claims.

The U.S. Department of Justice did not respond to The Defender’s request for comment.

‘The right of free speech is a fundamental constitutional right’

In his 24-page ruling, Judge Doughty found that several of the defendants in the Kennedy et al. v. Biden lawsuit were violating the plaintiffs’ free speech rights under the First Amendment, causing irreparable harm. He ordered them to cease these violations.

The court recognized that the “right of free speech is a fundamental constitutional right that is vital to the freedom of our nation, and the Kennedy plaintiffs have produced evidence of a massive effort by defendants, from the White House to federal agencies, to suppress speech based on its content.”

Plaintiffs alleged Biden administration officials “waged a systematic, concerted campaign” to compel the nation’s three largest social media companies to censor constitutionally protected speech.

The government, the lawsuit alleges, pressured social media platforms to directly suppress or censor Kennedy and CHD from major platforms and to do the same to content containing views about COVID-19 and other issues that contradicted the government narrative.

Kennedy and CHD argued the court should rule on the preliminary injunction now, because the case is different from Murthy v. Missouri, asks for a more specific injunction and because the defendants singled out Kennedy, who is a U.S. presidential candidate, for censorship.

In determining the merits of the plaintiffs’ motion, Doughty first had to rule on whether the plaintiffs had standing. On that issue, “the court provided strong concrete examples of government coercion or encouragement to censor, particularly with respect to Mr. Kennedy and CHD,” said Kim Mack Rosenberg, CHD general counsel.

Doughty cited evidence that defendants labeled Kennedy as part of the “Disinformation Dozen” who were eventually censored from social media and that some of CHD’s social media posts were also censored.

He also noted that the Centers for Disease Control and Prevention (CDC) worked with the Virality Project to reduce or delete social media posts by people and organizations they believed to be spreading “misinformation” about COVID-19.

The Virality Project explicitly listed Kennedy and CHD in the fifth and second place as the highest performing weekly social-media engagement incidents, he wrote.

“This evidence also was key in the Court’s decision that plaintiffs met all the requirements to support issuing the injunction and that the balance of equities favored plaintiffs here,” Mack Rosenberg added.

Doughty also found the plaintiffs are likely to succeed on the merits of their claim, writing:

“As in Missouri v. Biden, the White House Defendants and the Surgeon General Defendants both coerced and significantly encouraged social-media platforms to suppress protected free speech.

“This Court further finds the CDC Defendants, the CISA [Cybersecurity and Infrastructure Security Agency] Defendants and the FBI Defendants significantly encouraged social-media platforms to suppress protected free speech.”

Defendants ‘likely’ to use their power to suppress alternative views in the future

The defendants have argued that the actions at stake occurred in the past and cannot be remedied by issuing an injunction prohibiting future actions and that there is no “imminent harm” to the defendants because the COVID-19 pandemic and the election where the alleged conduct occurred are in the past.

However, Doughty ruled that the alleged past actions also indicate there is a substantial risk of likely future harm.

“Defendants apparently continue to have meetings with social-media companies and other contacts,” he wrote, adding:

“Although the COVID-19 pandemic is no longer an emergency, it is likely that in the event of any other real or perceived emergency event, the Defendants likely would once again use their power over social-media companies to suppress alternative views.

“And it is certainly likely that Defendants could use their power over millions of people to suppress alternative views or moderate content they do not agree with in the upcoming 2024 national election.”

Although Doughty granted a substantial part of Kennedy et al.’s motion for a preliminary injunction against the White House, the surgeon general, the CDC, FBI and the CISA, he also denied the request for an injunction against several other agencies.

The injunction excluded the U.S. Department of State, the National Institute of Allergy and Infectious Diseases, the U.S. Food and Drug Administration, the U.S. Department of the Treasury, the U.S. Election Assistance Commission, and the U.S. Department of Commerce, who were also included in the plaintiffs’ request.

The Defender on occasion posts content related to Children’s Health Defense’s nonprofit mission that features Mr. Kennedy’s views on the issues CHD and The Defender regularly cover. In keeping with Federal Election Commission rules, this content does not represent an endorsement of Mr. Kennedy who is on leave from CHD and is running for president of the U.S. as an independent candidate.

This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.

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Censorship Industrial Complex

Desperate Liberals move to stop MPs from calling Trudeau ‘corrupt’

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From LifeSiteNews

By Clare Marie Merkowsky

Conservative MP Corey Tochor argued the term “corrupt” is an accurate description of Trudeau and his government.   

“If you ask the Ethics Commissioner about all of the infractions that the Prime Minister has been charged and convicted with on corruption, you will find the truth to be that this is a corrupt government and Prime Minister”

Liberals are pushing for the word “corrupt” to be banned in Parliament amid ongoing ethics scandals within the Trudeau government.  

On April 19, Liberal Member of Parliament (MP) Mark Gerretsen moved to prohibit MPs from referring to Prime Minister Justin Trudeau and his government as “corrupt,” arguing it is disrespectful towards the Liberal government.  

“My point is that, today, during question period, the member for Regina—Wascana referred to the Prime Minister as ‘corrupt’ and to the government as ‘corrupt,’” he told the House of Commons.  

“Although he did it today, it has been done a number of times in the House,” he continued. “I would say that terminology specifically goes against Standing Order 18.” 

The House of Commons’ Standing Order 18 regulates speech within the House to ensure that MPs do not use disrespectful or offensive language.  

“No member shall speak disrespectfully of the Sovereign, nor of any of the royal family, nor of the Governor General or the person administering the Government of Canada; nor use offensive words against either House, or against any member thereof,” it states. “No member may reflect upon any vote of the House, except for the purpose of moving that such vote be rescinded.”  

“I would encourage the Chair, during this time of reflection over that week that he indicated he was going to do that, to consider my comment on this and to weigh into whether or not this is actually,” Gerretsen added before being interrupted by Conservative MPs calling for a debate. 

However, Gerretsen refused to debate his suggestion, instead pushing for Conservatives to be censored. Gerretsen’s recommendation was supported by Bloc Quebecois MP Martin Champoux.  

“I would like to build on what my colleague just said,” Champoux said. “I actually raised a point of order about this yesterday with the Speaker, who was in the chair at the time, to ask him to once again set out strict rules and clear guidelines for members to follow.” 

“That would help us to better understand how far we can go,” he argued. “Right now and for the past few months, there has been a lack of consistency in the way freedom of expression is interpreted in the House and in the way measures are applied when members cross the line or do not follow the guidelines, which, again, are not exactly clear.” 

However, Conservative MP Corey Tochor argued the term “corrupt” is an accurate description of Trudeau and his government.   

“If you ask the Ethics Commissioner about all of the infractions that the Prime Minister has been charged and convicted with on corruption, you will find the truth to be that this is a corrupt government and Prime Minister,” he declared.  

Indeed, between the ArriveCAN app scandal, alleged Chinese election meddling and the SNC-Lavalin affair, Canadian MPs seem well within their rights to call, or at least remain concerned, that Trudeau and his government are “corrupt.” 

So, why are Liberals moving to have the term banned? 

It appears Trudeau and his government prefer Canadians remain unaware of past and ongoing corruption scandals, preferring to silence those who remain unconvinced by Liberal Party propaganda.  

Unfortunately, it seems this trend is only going to continue.

As LifeSiteNews recently reported, law professor Dr. Michael Geist warned that the Trudeau government is “ready” to “gaslight” opponents of Bill C-63, a proposed law that could lead to jail time for vaguely defined online “hate speech” infractions.  

While the banning of the word “corrupt” in Parliament may not yet be implemented, who is to say that if Bill C-63 is passed that the Trudeau government won’t decide to consider such accusations of corruption as meeting the definition of online “hate speech.”

Indeed, perhaps the Liberals’ move to ban the word “corrupt” should be considered a sign that they know they’ve lost the public’s trust and are acutely aware silencing opposition is their only option.

In fact, it would appear that Trudeau’s only response to dismal polling figures with respect to his scandal-plagued government’s popularity is to double down on censorship, rather than consider why citizens feel the way they do.

As the late U.S. President Harry S. Truman warned: “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.” 

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Censorship Industrial Complex

Jordan Peterson, Canadian lawyer warn of ‘totalitarian’ impact of Trudeau’s ‘Online Harms’ bill

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By Anthony Murdoch

“You don’t even know who it is… you can be accused regardless of your intent, regardless of the factual [reality], or [the] reality of your utterance, by people who do not have to identify themselves or take any responsibility whatsoever if their denunciation turns out to be false,”

In a recent podcast episode, well-known Canadian psychologist Jordan Peterson and Queen’s University law professor Bruce Pardy blasted Prime Minister Justin Trudeau and his government over Bill C-63, the Online Harms Act, a proposed piece of legislation which, if passed, could lead to large fines and even jail time for vaguely defined online “hate speech” infractions.

“Recently, the Trudeau woke mob has managed to extend themselves even further into the legal nether lands with a new bill called C-63, which isn’t law in Canada yet, but is soon likely to be, and it is the most totalitarian Western bill I’ve ever seen by quite a large margin and in multiple dimensions,” said Peterson in a recent Everything You Need to Know video podcast dated April 14, which was posted on his YouTube channel. 

“And that was my conclusion, upon reading it and then my conclusion, upon rereading it and rereading it again, because I like to make sure I have these things right.”  

Joining Peterson was Canadian lawyer Bruce Pardy and podcaster Konstantin Kisin. Pardy serves as executive director of Rights Probe, a law and liberty thinktank, and professor of law at Queen’s University in Kingston, Ontario. As for Kisin, he is a Russian-British satirist, social commentator, who serves as co-host of the TRIGGERnometry YouTube show. 

Peterson noted that in his view, Bill C-63 is “designed… to produce a more general regime for online policing.” 

“To me, that’s what it looks like,” he said. 

The trio spent the better part of two hours discussing Bill C-63, which was introduced by Justice Minister Arif Virani in the House of Commons in February and was immediately blasted by constitutional experts as troublesome. 

Among other things, the bill calls for the creation of a Digital Safety Commission, a digital safety ombudsperson, and the Digital Safety Office, all tasked with policing internet content, including already illegal internet content such as child exploitation material.

However, the bill also seeks to police “hate” speech online with broad definitions, severe penalties, and dubious tactics. 

Right at the start of the interview, Peterson noted that when thinking about Bill C-63, he thought of it as a “real masterpiece of right thinking, utopian, resentful foolishness.” 

Due to the fact that the bill allows for accusations to be filed by anyone, and that there is no obligation for the government to reveal the name of the accuser to the accused, Peterson warned that Bill C-63 could see widespread corruption by individuals acting in bad faith.

“You don’t even know who it is… you can be accused regardless of your intent, regardless of the factual [reality], or [the] reality of your utterance, by people who do not have to identify themselves or take any responsibility whatsoever if their denunciation turns out to be false,” he warned.  

Pardy chimed in to say that when it comes to Bill C-63, Canadians “don’t even know what the rules are going to be.” 

“Basically, it just gives the whole control of the thing to our government agency, to the bureaucrats, to do as they think,” he said.  

Regarding Pardy’s remarks, Peterson observed that the Trudeau government is effectively “establishing an entirely new bureaucracy” with an “unspecified range of power with non-specific purview that purports to protect children from online exploitation” but has the possibility of turning itself into an internet “policing state.”

Bill uses protecting kids as ‘cover,’ will have a ‘chilling effect upon speech’ 

Pardy told Peterson that one of the main issues with C-63, in his view, is that it “starts with the cover of protecting children… from online harm,” but that beneath this “great cover” it “enables” a crackdown on the “very idea of free speech.”

Pardy warned that Bill C-63 will see the return of an “old” Human Rights Act provision, titled Section 13, that was repealed by the Conservative government of Prime Minister Stephen Harper in 2013 after it was found to have violated the right to free expression.

“One of the problems with the human rights regime is that complaints can be made very, very easily without a lawyer, without any cost,” said Pardy. “And because the Canadian federal government has jurisdiction over the internet, this section is going to authorize complaints of all kinds to be made against people who are speaking their minds online…” 

Pardy noted that the revival of this type of process will “have a chilling effect upon speech, no question about it,” and it risks ending the “idea of free speech itself.” 

Pardy observed that society already has a mechanism to protect kids, despite modern society’s idea that the “government is responsible for keeping people safe.”

“That’s ignoring the best mechanism we already have to keep children safe, which is their parents, right. It’s assuming that this is what this state is for if you went up to somebody on the street, anybody at random,” he said.  

“We’ve lost the proposition that we’ve made a choice to have this large overwhelming government tell us what to do in place of all of the other things we used to have.” 

Speaking further, Pardy observed that what laws like Bill C-63, and many other laws already passed by the Trudeau Liberals such as Bill C-16, are attempting to do, is change the way people perceive how laws should be enforced. 

“The ethos of managerialism has supplanted the rule of law as the basic idea instead of the rule of law,” said the law professor. 

“We have rule by law now, which means that the law is nothing more than a tool for the government to use to create a law on a whim,” he continued, adding that this is “not the way the Western legal system used to work.” 

Criminalizing ‘hateful’ speech is ‘troublesome’ if bureaucrats decide what is ‘hateful’ 

In a recent opinion piece critical of Bill C-63, law professor Dr. Michael Geist said that the text of the bill is “unmistakable” in how it will affect Canadians’ online freedoms. 

Geist noted that the new bill will allow a new digital safety commission to conduct “secret commission hearings” against those found to have violated the law. 

“The poorly conceived Digital Safety Commission lacks even basic rules of evidence, can conduct secret hearings, and has been granted an astonishing array of powers with limited oversight. This isn’t a fabrication,” Geist wrote. 

He observed specifically how Section 87 of the bill “literally” says “the Commission is not bound by any legal or technical rules of evidence.” 

Peterson noted that giving “hate speech” such prominence and such a broad definition is “troublesome” as it will be up to bureaucrats to decide what is “hateful.”  

“The whole notion of hateful speech, that’s troublesome. One, for me, because there’s an obvious element of subjective judgment in it,” he said, questioning who gets to decide what is “hateful” and on what “grounds” do they have the authority to make such a judgement.

Peterson warned that if Canada decides to “open the door” of tasking bureaucrats with determining what is or isn’t “hateful” speech, and if it blocks transparency on who is making accusations of hate, it “leads us to anonymous denunciation,” which he sees as dangerous because it fails to hold complainants accountable.

To make his point, Peterson said that “everybody, including every school child who’s like older than three, and maybe even three,” understands that there’s almost “nothing worse than a snitch, and all children are wise enough to know that.” 

“Even if you are being bullied at school, let’s say, it has to get pretty damn brutal and bad before going to report it to the authorities is acceptable or justifiable,” he said. 

“Now you know you can debate about the conditions under which that should or shouldn’t occur. My point is that even kids know that.” 

Geist has noted that when it comes to Bill C-63, the “most obvious solution” to amend the bill “is to cut out the Criminal Code and Human Rights Act provisions, which have nothing to do with establishing internet platform liability for online harms.” 

Giving historcal examples for why Bill C-63 worries him, Peterson explained that “we certainly know from places like the Soviet Union, just exactly what happens, or East Germany, what happens when one-third of the citizens, which was the case in East Germany, become government informers.” 

“…Trust is gone. The worst people have the upper hand. It’s a complete catastrophe… Now in Bill C-63, you have a concatenation of these problems… now you know hate speech is going to be constrained and it can be identified by anonymous informants,” forecasted the psychologist.

Indeed, it is not just Peterson, Pardy and Geist who are warning of Bill C-63, but major law groups as well.

The Justice Centre for Constitutional Freedoms (JCCF) has said Bill C-63 is “the most serious threat to free expression in Canada in generations. This terrible federal legislation, Bill C -63, would empower the Canadian Human Rights Commission to prosecute Canadians over non-criminal hate speech.” 

JCCF president John Carpay recently hand-delivered a petition with 55,000-plus signatures to Canada’s Minister of Justice and all MPs, urging them to reconsider their sponsoring of the law. 

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