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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

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  • 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.

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Business

‘Taxation Without Representation’: Trump Admin Battles UN Over Global Carbon Tax

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From the Daily Caller News Foundation

By Melissa O’Rourke

The Trump administration is fighting to block a global carbon tax that a United Nations (UN) agency is attempting to pass quietly this week.

The International Maritime Organization (IMO), a UN body based in London, is meeting this week to adopt a so-called “Net-Zero Framework,” which would levy significant penalties on carbon dioxide emissions from ships that exceed certain limits. The Trump administration argues the proposal could raise global shipping costs by as much as 10%, ultimately driving up prices for American consumers.

“President Trump has made it clear that the United States will not accept any international environmental agreement that unduly or unfairly burdens the United States or harms the interests of the American people,” Secretary of State Marco Rubio, Secretary of Energy Chris Wright and Secretary of Transportation Sean Duffy said in a joint statement Friday.

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“The Administration unequivocally rejects this proposal before the IMO and will not tolerate any action that increases costs for our citizens, energy providers, shipping companies and their customers, or tourists,” the cabinet secretaries wrote.

The proposed tax is part of the IMO’s broader goal to bring global shipping to net-zero emissions “by or around” 2050. Qualifying ships that fall short of emissions targets would face taxes ranging from $100 to $380 per ton of CO2.

Notably, the tax would be paid directly by shipowners rather than governments.

The Net-Zero Framework could generate between $11 billion and $12 billion annually from 2028 through 2030, paid into a UN-controlled fund, according to University College London. Meanwhile, other estimates warn that if the global fleet misses the IMO’s targets by even 10%, the annual cost of emissions could climb to $20 to $30 billion by 2030 and potentially exceed $300 billion by 2035.

Some critics equated the proposal to “taxation without representation,” noting that an unelected committee would have the authority to set and potentially raise the tax.

The Trump administration is urging member states to reject the proposal and has threatened retaliatory measures against countries that support it. These include investigations into anti-competitive practices, visa restrictions for maritime crews, commercial and financial penalties, higher port fees for ships tied to those nations, and possible sanctions on officials promoting climate policies.

“The Trump administration is right to draw a hard line against the UN’s latest scheme to export its climate agenda through global taxes and trade barriers,” Jason Isaac, CEO of the American Energy Institute, told the Daily Caller News Foundation.

Isaac said the proposed carbon tax, along with other measures — including the EU’s Corporate Sustainability Reporting Directive, which requires companies to disclose environmental and social impacts — “represent an alarming attempt to impose costly, extraterritorial regulations on American businesses and consumers.”

“These measures threaten U.S. sovereignty, inflate energy and transport costs, and weaponize climate policy as a tool of economic coercion,” Isaac said. “The United States must not tolerate foreign governments using environmental pretexts to dictate how we trade, build, and move goods. President Trump’s firm stance puts American workers and energy security first, where they belong.”

Steve Milloy, senior fellow at the Energy & Environment Legal Institute, also commended the administration’s efforts to block the UN measure.

“Not only does [Trump] oppose the UN carbon tax, but he has instructed his administration to take action against nations that try to implement it against the U.S.,” Milloy told the DCNF. “I am simply in awe of his commitment to ending the international climate hoax, which has long been aimed at stealing from and otherwise crippling our country’s economy and national security.”

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International

Hamas will disarm or die

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President Trump warned Tuesday that Hamas will either follow through on its pledge to disarm under his 20-point Gaza peace plan or meet a violent end. “They’re going to disarm because they said they were going to disarm—and if they don’t, we will disarm them,” Trump told reporters while hosting Argentine President Javier Milei at the White House. “They know I’m not playing games.”

The president said Hamas had “misrepresented” how many bodies of deceased hostages it held after turning over just four on Monday. “If they don’t disarm, we will disarm them—and it’ll happen quickly and perhaps violently,” he said before a Cabinet Room luncheon. Trump explained that he had conveyed the warning to Hamas through emissaries, adding, “They told me, ‘Yes, sir, we’re going to disarm.’ They will disarm or we will disarm them. Got it?”

Trump’s hard line came just hours after his return from Israel and Egypt, where he joined regional leaders to mark the cease-fire his administration brokered between Israel and Hamas following two years of war. The initial phase of the deal included Hamas releasing twenty Israeli hostages in exchange for hundreds of Palestinian prisoners and the first of three planned Israeli troop withdrawals. The agreement was hailed by world leaders gathered in Sharm el-Sheikh, though several provisions remain unsettled—among them, the timeline and enforcement of Hamas’ disarmament, the structure of a transitional Gaza government, and the makeup of an international peacekeeping force.

Despite the cease-fire, reports from Gaza Tuesday described Hamas militants using the lull to target rival militia leaders accused of collaborating with Israel, executing eight men by firing squad. Under Trump’s plan, the United States would chair a “Board of Peace” overseeing Gaza’s interim administration while transforming the territory into a special economic zone backed by Arab investment and large-scale reconstruction.

The president’s remarks underscored his readiness to enforce the deal militarily if necessary—a hallmark of Trump’s foreign policy. Having leveraged threats of force to secure earlier hostage releases, he made clear that Hamas’ disarmament is not a negotiable point but a precondition for lasting peace.

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