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The High Stakes in the Legal Battle for Free Speech

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BY Brownstone InstituteBROWNSTONE INSTITUTE  

The ongoing war between the US Security State and the First Amendment is perhaps the most underreported development of the 21st century. Now, Missouri v. Biden may bring it to the Supreme Court.

Just two decades ago, the internet promised liberation as dictatorships would cave to the emerging swell of information. That was the hope, at least.

“There’s no question China has been trying to crack down on the internet,” President Clinton said in 2000. “Good luck. That’s sort of like trying to nail Jell-O to the wall.”

That optimism did not come to fruition. Instead of Westernizing the Orient, technology laid the foundation for the US Security State to pursue unprecedented social control.

At first, the conflict appeared to be between rank-and-file military members and transgressive cyber actors. Julian Assange and Edward Snowden seemed like mere hackers, not harbingers for the impending suspension of American liberty.

The battle suddenly became a civilizational struggle in 2020. A highly efficient technocracy declared war against the Bill of Rights. The US Security State shut down American society, eradicated due process, and captured the public health apparatus. The CIA bribed scientists to cover up the origins of Covid, and the Department of Homeland Security dictated what Americans could and could not see in their newsfeeds. The FBI helped banish the country’s oldest newspaper from Twitter for reporting on its preferred candidate’s son.

When Clinton made his “Jell-O” comment, few of us could imagine that we’d live in such a country. We trusted our courts and our elected government to protect us. We thought the rule of law was sacrosanct. We were wrong.

Now, however, the judiciary has the opportunity to reclaim the First Amendment from the tyranny of the Security State in Missouri v. Biden.

Missouri v. Biden and the CISA Injunction

Tuesday, the Fifth Circuit reinstated an injunction against CISA, an agency in the Department of Homeland Security, that prohibits its agents from colluding with social media companies to promote censorship of any kind.

The case demonstrates how far the United States has strayed from its former free speech ethos. CISA held ongoing meetings with social media platforms to “push them to adopt more restrictive policies on censoring election-related speech,” according to the Fifth Circuit. This included criticism of lockdowns, vaccines, and the Hunter Biden laptop. Through a process known as “switchboarding,” CISA officials dictated to Big Tech platforms what content was “true” or “false,” which became Orwellian euphemisms for acceptable and prohibited speech.

CISA’s leaders reveled in their usurpation of the First Amendment. They overturned hundreds of years of free speech protections, appointing themselves the arbiters of truth. Without freedom of “election-related speech,” we no longer live in a democracy. They pursued a faceless dictatorship.

They sought to eradicate dissent surrounding the policies that they imposed. CISA had been responsible for dividing the workforce into categories of “essential” and “nonessential” in March 2020. Hours later, the order became the basis for the country’s first “stay-at-home” order, a process that quickly spiraled into a previously unimaginable assault on Americans’ civil liberties.

CISA betrayed the country’s founding principle. A group of unelected bureaucrats hijacked American society without ever having a vote cast in their names. They disregarded the First Amendment, due process, and elected government in their pursuit of power.

The Framers understood that liberty relied on the free flow of information. They were well aware of the dangers of widespread lies and an incendiary press corps, but tyranny presented a far greater risk to society. Government could not be trusted to wield power over the minds of men, so they enshrined freedom of press, worship, and speech in our Constitution.

The Security State unwound those liberties. White House officials used the power of the federal government to suppress dissent. The Biden Administration launched an interagency attack on free speech. The Covid regime’s coup d’etat continued unimpeded until Judge Terry Doughty’s July 4 injunction.

Now, the Fifth Circuit has remedied its previous error by reinstating the injunction against CISA. The case may now head to the Supreme Court, where the Justices would have the opportunity to dismantle the technocratic censorship operation at the heart of the Covid response.

The war is far from won. Julian Assange remains in jail alongside terrorists for publishing news reports that undermined the Security State’s deceit surrounding the War on Terror. Edward Snowden is banished from his homeland for exposing the lies of James Clapper.

President Biden’s “misinformation” crusade shows no signs of retreat entering the 2024 election cycle. Social media is still censored. Your Google results are still gamed at the behest of powerful state actors.  YouTube has proudly announced that it will censor content based on the diktats of the World Health Organization. Say the wrong thing on LinkedIn and you are toast.

Among the large players, only X, formerly known as Twitter, is eschewing routine takedowns of speech deemed oppositional to regime priorities. That is truly only because one man had the means to buy and the drive to liberate it from the Censorship Industrial Complex, for now.

Tuesday’s decision reaffirmed what the Supreme Court called the “bedrock principle underlying the First Amendment” in 1989: “that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

Rebuilding from the wreckage of Covid will require reclaiming those fundamental pillars of American society. The freedom to speak was not the first right earned by a people in revolt against ancient-world forms of statism but it might be the most essential. That’s why it is instantiated in the very first amendment to the Bill of Rights.

If the regime can control the public mind, they can control everything else too. A loss here is a loss everywhere.

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  • Brownstone Institute

    The Brownstone Institute for Social and Economic Research 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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Autism

Trump Blows Open Autism Debate

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From the Brownstone Institute

By Maryanne DemasiMaryanne Demasi 

Trump made sweeping claims that would have ended political careers in any other era. His health officials tried to narrow the edges, but the President ensured that the headlines would be his.

Autism has long been the untouchable subject in American politics. For decades, federal agencies tiptoed around it, steering research toward genetics while carefully avoiding controversial environmental or pharmaceutical questions.

That ended at the White House this week, when President Donald Trump tore through the taboo with a blunt and sometimes incendiary performance that left even his own health chiefs scrambling to keep pace.

Flanked by Health Secretary Robert F. Kennedy, Jr., NIH Director Jay Bhattacharya, FDA Commissioner Marty Makary, CMS Adminstrator Dr Mehmet Oz, and other senior officials, Trump declared autism a “horrible, horrible crisis” and recounted its rise in startling terms.

“Just a few decades ago, one in 10,000 children had autism…now it’s one in 31, but in some areas, it’s much worse than that, if you can believe it, one in 31 and…for boys, it’s one in 12 in California,” Trump said.

The President insisted the trend was “artificially induced,” adding: “You don’t go from one in 20,000 to one in 10,000 and then you go to 12, you know, there’s something artificial. They’re taking something.”

Trump’s Blunt Tylenol Warning

The headline moment came when Trump zeroed in on acetaminophen, the common painkiller sold as Tylenol — known as paracetamol in Australia.

While Kennedy and Makary described a cautious process of label changes and physician advisories, Trump dispensed with nuance.

“Don’t take Tylenol,” Trump said flatly. “Don’t take it unless it’s absolutely necessary…fight like hell not to take it.”

Kennedy laid out the evidence base, citing “clinical and laboratory studies that suggest a potential association between acetaminophen used during pregnancy and adverse neurodevelopmental outcomes, including later diagnosis for ADHD and autism.”

Makary reinforced the point with references to the Boston Birth Cohort, the Nurses’ Health Study, and a recent Harvard review, before adding: “To quote the dean of the Harvard School of Public Health, there is a causal relationship between prenatal acetaminophen use and neurodevelopmental disorders of ADHD and autism spectrum disorder. We cannot wait any longer.”

But where the officials spoke of “lowest effective dose” and “shortest possible duration,” Trump thundered over the top: “I just want to say it like it is, don’t take Tylenol. Don’t take it if you just can’t. I mean, it says, fight like hell not to take it.”

Vaccines Back on Center Stage

The President then pivoted to vaccines, reviving arguments that the medical establishment has long sought to bury. He blasted the practice of giving infants multiple injections at a single visit.

“They pump so much stuff into those beautiful little babies, it’s a disgrace…you get a vat of 80 different vaccines, I guess, 80 different blends, and they pump it in,” Trump said.

His solution was simple: “Go to the doctor four times instead of once, or five times instead of once…it can only help.”

On the measles, mumps, and rubella shot, Trump insisted: “The MMR, I think should be taken separately…when you mix them, there could be a problem. So there’s no downside in taking them separately.”

The moment was astonishing — echoing arguments that had once seen doctors like Andrew Wakefield excommunicated from medical circles.

It was the kind of line of questioning the establishment had spent decades trying to banish from mainstream debate.

Hep B Vaccine under Attack

Trump dismissed the rationale for giving the hepatitis B vaccine at birth.

“Hepatitis B is sexually transmitted. There’s no reason to give a baby that’s just born hepatitis B [vaccine]. So I would say, wait till the baby is 12 years old,” he said.

He made clear that he was “not a doctor,” stressing that he was simply offering his personal opinion. But the move could also be interpreted as Trump choosing to take the heat himself, to shield Kennedy’s HHS from what was sure to be an onslaught of criticism.

The timing was remarkable.

Only last week, the CDC’s Advisory Committee on Immunisation Practices (ACIP) had been preparing to vote on whether to delay the hepatitis B shot until “one month” of age — a modest proposal that mainstream outlets derided as “anti-vax extremism.”

By contrast, Trump told the nation to push the jab back 12 years. His sweeping denunciations made the supposedly radical ACIP vote look almost tame.

The irony was inescapable — the same media voices who had painted Kennedy’s reshaped ACIP as reckless now faced a President willing to say far more than the panel itself dared.

A New Treatment and Big Research Push

The administration also unveiled what it deemed a breakthrough: FDA recognition of prescription leucovorin, a folate-based therapy, as a treatment for some autistic children.

Makary explained: “It may also be due to an autoimmune reaction to a folate receptor on the brain not allowing that important vitamin to get into the brain cells…one study found that with kids with autism and chronic folate deficiency, two-thirds of kids with autism symptoms had improvement and some marked improvement.”

Dr Oz confirmed Medicaid and CHIP (the Children’s Health Insurance Program, which provides low-cost health coverage to children in families that earn too much to qualify for Medicaid) would cover the treatment.

“Over half of American children are covered by Medicaid and CHIP…upon this label change…state Medicaid programs will cover prescription leucovorin around the country, it’s yours,” said Oz.

Bhattacharya announced $50 million in new NIH grants under the “Autism Data Science Initiative.”

He explained that 13 projects would be funded using “exposomics” — the study of how environmental exposures like diet, chemicals, and infections interact with our biology — alongside advanced causal inference methods.

“For too long, it’s been taboo to ask some questions for fear the scientific work might reveal a politically incorrect answer,” Bhattacharya said. “Because of this restricted focus in scientific investigations, the answers for families have been similarly restricted.”

Mothers’ Voices

The press conference also featured raw testimony from parents.

Amanda, mother of a profoundly autistic five-year-old, told Trump: “Unless you’ve lived with profound autism, you have no idea…it’s a very hopeless feeling. It’s very isolating. Being a parent with a profound autistic child, even just taking them over to your friend’s house is something we just don’t do.”

Jackie, mother of 11-year-old Eddie, said: “I’ve been praying for this day for nine years, and I’m so thankful to God for bringing the administration into our lives…I never thought we would have an administration that was courageous enough to look into things that no prior administration had.”

Their stories underscored what Kennedy said at the announcement about “believing women.” Here were mothers speaking directly about their lived reality, demanding that uncomfortable conversations could no longer be avoided.

Clashes with the Press Corps

Reporters pressed Trump on the backlash from medical groups.

Asked about the American College of Obstetricians and Gynecologists (ACOG) declaring acetaminophen safe in pregnancy, Trump shot back, “That’s the establishment. They’re funded by lots of different groups. And you know what? Maybe they’re right. I don’t think they are, because I don’t think the facts bear it out at all.”

When one journalist raised the argument that rising diagnoses reflected better recognition, Kennedy bristled,

“That’s one of the canards that has been promoted by the industry for many years,” he said. “It’s just common sense, because you’re only seeing this in people who are under 50 years of age. If it were better recognition or diagnosis, you’d see it in the seventy-year-old men. I’ve never seen this happening in people my age.”

Another reporter then asked Trump, “Should the establishment media show at least some openness to trying to figure out what the causes are?”

“I wish they would. Yeah, why are they so close-minded?” Trump replied. “It’s not only the media, in all fairness, it’s some people, when you talk about vaccines, it’s crazy…I don’t care about being attacked.”

Breaking the Spell

For years, autism policy has been shaped by caution, consensus, and deference to orthodox positions. That spell was broken at today’s press conference.

The dynamic was striking. Kennedy, Makary, Bhattacharya, and Oz leaned on scientific papers, review processes, and cautious advisories. Trump, by contrast, brushed it all aside, hammering his message home through repetition and personal anecdotes.

Trump made sweeping claims that would have ended political careers in any other era. His health officials tried to narrow the edges, but the President ensured that the headlines would be his.

“This will be as important as any single thing I’ve done,” Trump declared. “We’re going to save a lot of children from a tough life, really tough life. We’re going to save a lot of parents from a tough life.”

Whatever the science ultimately shows, the politics of autism in America will never be the same.

Republished from the author’s Substack


Author
Maryanne Demasi

Maryanne Demasi, 2023 Brownstone Fellow, is an investigative medical reporter with a PhD in rheumatology, who writes for online media and top tiered medical journals. For over a decade, she produced TV documentaries for the Australian Broadcasting Corporation (ABC) and has worked as a speechwriter and political advisor for the South Australian Science Minister.

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Brownstone Institute

Net Zero: The Mystery of the Falling Fertility

Published on

From the Brownstone Institute

By Tomas FurstTomas Fürst  

If you want to argue that a mysterious factor X is responsible for the drop in fertility, you will have to explain (1) why the factor affected only the vaccinated, and (2) why it started affecting them at about the time of vaccination.

In January 2022, the number of children born in the Czech Republic suddenly decreased by about 10%. By the end of 2022, it had become clear that this was a signal: All the monthly numbers of newborns were mysteriously low.

In April 2023, I wrote a piece for a Czech investigative platform InFakta and suggested that this unexpected phenomenon might be connected to the aggressive vaccination campaign that had started approximately 9 months before the drop in natality. Denik N – a Czech equivalent of the New York Times – immediately came forward with a “devastating takedown” of my article, labeled me a liar and claimed that the pattern can be explained by demographics: There were fewer women in the population and they were getting older.

To compare fertility across countries (and time), the so-called Total Fertility Rate (TFR) is used. Roughly speaking, it is the average number of children that are born to a woman over her lifetime. TFR is independent of the number of women and of their age structure. Figure 1 below shows the evolution of TFR in several European countries between 2001 and 2023. I selected countries that experienced a similar drop in TFR in 2022 as the Czech Republic.

Figure 1. The evolution of Total Fertility Rate in selected European countries between 2000 and 2023. The data corresponding to a particular year are plotted at the end of the column representing that year.

So, by the end of 2023, the following two points were clear:

  1. The drop in natality in the Czech Republic in 2022 could not be explained by demographic factors. Total fertility rate – which is independent of the number of women and their age structure – dropped sharply in 2022 and has been decreasing ever since. The data for 2024 show that the Czech TFR has decreased further to 1.37.
  1. Many other European countries experienced the same dramatic and unexpected decrease in fertility that started at the beginning of 2022. I have selected some of them for Figure 1 but there are more: The Netherlands, Norway, Slovakia, Slovenia, and Sweden. On the other hand, there are some countries that do not show a sudden drop in TFR, but rather a steady decline over a longer period (e.g. Belgium, France, UK, Greece, or Italy). Notable exceptions are Bulgaria, Spain, and Portugal where fertility has increased (albeit from very low numbers). The Human Fertility Project database has all the numbers.

This data pattern is so amazing and unexpected that even the mainstream media in Europe cannot avoid the problem completely. From time to time, talking heads with many academic titles appear and push one of the politically correct narratives: It’s Putin! (Spoiler alert: The war started in February 2022; however, children not born in 2022 were not conceived in 2021). It’s the inflation caused by Putin! (Sorry, that was even later). It’s the demographics! (Nope, see above, TFR is independent of the demographics).

Thus, the “v” word keeps creeping back into people’s minds and the Web’s Wild West is ripe with speculation. We decided not to speculate but to wrestle some more data from the Czech government. For many months, we were trying to acquire the number of newborns in each month, broken down by age and vaccination status of the mother. The post-socialist health-care system of our country is a double-edged sword: On one hand, the state collects much more data about citizens than an American would believe. On the other hand, we have an equivalent of the FOIA, and we are not afraid to use it. After many months of fruitless correspondence with the authorities, we turned to Jitka Chalankova – a Czech Ron Johnson in skirts – who finally managed to obtain an invaluable data sheet.

To my knowledge, the datasheet (now publicly available with an English translation here) is the only officially released dataset containing a breakdown of newborns by the Covid-19 vaccination status of the mother. We requested much more detailed data, but this is all we got. The data contains the number of births per month between January 2021 and December 2023 given by women (aged 18-39) who were vaccinated, i.e., had received at least one Covid vaccine dose by the date of delivery, and by women who were unvaccinated, i.e., had not received any dose of any Covid vaccine by the date of delivery.

Furthermore, the numbers of births per month by women vaccinated by one or more doses during pregnancy were provided. This enabled us to estimate the number of women who were vaccinated before conception. Then, we used open data on the Czech population structure by age, and open data on Covid vaccination by day, sex, and age.

Combining these three datasets, we were able to estimate the rates of successful conceptions (i.e., conceptions that led to births nine months later) by preconception vaccination status of the mother. Those interested in the technical details of the procedure may read Methods in the newly released paper. It is worth mentioning that the paper had been rejected without review in six high-ranking scientific journals. In Figure 2, we reprint the main finding of our analysis.

Figure 2A. Histogram showing the percentage of women in the Czech Republic aged 18–39 years who were vaccinated with at least one dose of a Covid-19 vaccine by the end of the respective month. Figure 2B. Estimates of the number of successful conceptions (SCs) per 1,000 women aged 18–39 years according to their pre-conception Covid vaccination status. The blue-shaded areas in Figure 1B show the intervals between the lower and upper estimates of the true SC rates for women vaccinated (dark blue) and unvaccinated (light blue) before conception.

Figure 2 reveals several interesting patterns that I list here in order of importance:

  1. Vaccinated women conceived about a third fewer children than would be expected from their share of the population. Unvaccinated women conceived at about the same rate as all women before the pandemic. Thus, a strong association between Covid vaccination status and successful conceptions has been established.
  2. In the second half of 2021, there was a peak in the rate of conceptions of the unvaccinated (and a corresponding trough in the vaccinated). This points to rather intelligent behavior of Czech women, who – contrary to the official advice – probably avoided vaccination if they wanted to get pregnant. This concentrated the pregnancies in the unvaccinated group and produced the peak.
  3. In the first half of 2021, there was significant uncertainty in the estimates of the conception rates. The lower estimate of the conception rate in the vaccinated was produced by assuming that all women vaccinated (by at least one dose) during pregnancy were unvaccinated before conception. This was almost certainly true in the first half of 2021 because the vaccines were not available prior to 2021. The upper estimate was produced by assuming that all women vaccinated (by at least one dose) during pregnancy also received at least one dose before conception. This was probably closer to the truth in the second part of 2021. Thus, we think that the true conception rates for the vaccinated start close to the lower bound in early 2021 and end close to the upper bound in early 2022. Once again, we would like to be much more precise, but we have to work with what we have got.

Now that the association between Covid-19 vaccination and lower rates of conception has been established, the one important question looms: Is this association causal? In other words, did the Covid-19 vaccines really prevent women from getting pregnant?

The guardians of the official narrative brush off our findings and say that the difference is easily explained by confounding: The vaccinated tend to be older, more educated, city-dwelling, more climate change aware…you name it. That all may well be true, but in early 2022, the TFR of the whole population dropped sharply and has been decreasing ever since.

So, something must have happened in the spring of 2021. Had the population of women just spontaneously separated into two groups – rednecks who wanted kids and didn’t want the jab, and city slickers who didn’t want kids and wanted the jab – the fertility rate of the unvaccinated would indeed be much higher than that of the vaccinated. In that respect, such a selection bias could explain the observed pattern. However, had this been true, the total TFR of the whole population would have remained constant.

But this is not what happened. For some reason, the TFR of the whole population jumped down in January 2022 and has been decreasing ever since. And we have just shown that, for some reason, this decrease in fertility affected only the vaccinated. So, if you want to argue that a mysterious factor X is responsible for the drop in fertility, you will have to explain (1) why the factor affected only the vaccinated, and (2) why it started affecting them at about the time of vaccination. That is a tall order. Mr. Occam and I both think that X = the vaccine is the simplest explanation.

What really puzzles me is the continuation of the trend. If the vaccines really prevented conception, shouldn’t the effect have been transient? It’s been more than three years since the mass vaccination event, but fertility rates still keep falling. If this trend continues for another five years, we may as well stop arguing about pensions, defense spending, healthcare reform, and education – because we are done. 

We are in the middle of what may be the biggest fertility crisis in the history of mankind. The reason for the collapse in fertility is not known. The governments of many European countries have the data that would unlock the mystery. Yet, it seems that no one wants to know.


Author

Tomas Furst

Tomas Fürst teaches applied mathematics at Palacky University, Czech Republic. His background is in mathematical modelling and Data Science. He is a co-founder of the Association of Microbiologists, Immunologists, and Statisticians (SMIS) which has been providing the Czech public with data-based and honest information about the coronavirus epidemic. He is also a co-founder of a “samizdat” journal dZurnal which focuses on uncovering scientific misconduct in Czech Science.

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