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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.

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Brownstone Institute

Is the Overton Window Real, Imagined, or Constructed?

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From the Brownstone Institute

BY Jeffrey A. TuckerJEFFREY A. TUCKER 

Ideas move from Unthinkable to Radical to Acceptable to Sensible to Popular to become Policy.

The concept of the Overton window caught on in professional culture, particularly those seeking to nudge public opinion, because it taps into a certain sense that we all know is there. There are things you can say and things you cannot say, not because there are speech controls (though there are) but because holding certain views makes you anathema and dismissable. This leads to less influence and effectiveness.

The Overton window is a way of mapping sayable opinions. The goal of advocacy is to stay within the window while moving it just ever so much. For example, if you are writing about monetary policy, you should say that the Fed should not immediately reduce rates for fear of igniting inflation. You can really think that the Fed should be abolished but saying that is inconsistent with the demands of polite society.

That’s only one example of a million.

To notice and comply with the Overton window is not the same as merely favoring incremental change over dramatic reform. There is not and should never be an issue with marginal change. That’s not what is at stake.

To be aware of the Overton window, and fit within it, means to curate your own advocacy. You should do so in a way that is designed to comply with a structure of opinion that is pre-existing as a kind of template we are all given. It means to craft a strategy specifically designed to game the system, which is said to operate according to acceptable and unacceptable opinionizing.

In every area of social, economic, and political life, we find a form of compliance with strategic considerations seemingly dictated by this Window. There is no sense in spouting off opinions that offend or trigger people because they will just dismiss you as not credible. But if you keep your eye on the Window – as if you can know it, see it, manage it – you might succeed in expanding it a bit here and there and thereby achieve your goals eventually.

The mission here is always to let considerations of strategy run alongside – perhaps even ultimately prevail in the short run – over issues of principle and truth, all in the interest of being not merely right but also effective. Everyone in the business of affecting public opinion does this, all in compliance with the perception of the existence of this Window.

Tellingly, the whole idea grows out of think tank culture, which puts a premium on effectiveness and metrics as a means of institutional funding. The concept was named for Joseph Overton, who worked at the Mackinac Center for Public Policy in Michigan. He found that it was useless in his work to advocate for positions that he could not recruit politicians to say from the legislative floor or on the campaign trail. By crafting policy ideas that fit within the prevailing media and political culture, however, he saw some successes about which he and his team could brag to the donor base.

This experience led him to a more general theory that was later codified by his colleague Joseph Lehman, and then elaborated upon by Joshua Treviño, who postulated degrees of acceptability. Ideas move from Unthinkable to Radical to Acceptable to Sensible to Popular to become Policy. A wise intellectual shepherd will manage this transition carefully from one stage to the next until victory and then take on a new issue.

The core intuition here is rather obvious. It probably achieves little in life to go around screaming some radical slogan about what all politicians should do if there is no practical means to achieve it and zero chance of it happening. But writing well-thought-out position papers with citations backed by large books by Ivy League authors and pushing for changes on the margin that keep politicians out of trouble with the media might move the Window slightly and eventually enough to make a difference.

Beyond that example, which surely does tap into some evidence in this or that case, how true is this analysis?

First, the theory of the Overton window presumes a smooth connection between public opinion and political outcomes. During most of my life, that seemed to be the case or, at least, we imagined it to be the case. Today this is gravely in question. Politicians do things daily and hourly that are opposed by their constituents – fund foreign aid and wars for example – but they do it anyway due to well-organized pressure groups that operate outside public awareness. That’s true many times over with the administrative and deep layers of the state.

In most countries, states and elites that run them operate without the consent of the governed. No one likes the surveillance and censorial state but they are growing regardless, and nothing about shifts in public opinion seem to make any difference. It’s surely true that there comes a point when state managers pull back on their schemes for fear of public backlash but when that happens or where, or when and how, wholly depends on the circumstances of time and place.

Second, the Overton window presumes there is something organic about the way the Window is shaped and moves. That is probably not entirely true either. Revelations of our own time show just how involved are major state actors in media and tech, even to the point of dictating the structure and parameters of opinions held in the public, all in the interest of controlling the culture of belief in the population.

I had read Manufacturing Consent (Noam Chomsky and Edward Herman; full text here) when it came out in 1988 and found it compelling. It was entirely believable that deep ruling class interests were more involved than we know about what we are supposed to think about foreign-policy matters and national emergencies, and, further, entirely plausible that major media outlets would reflect these views as a matter of seeking to fit in and ride the wave of change.

What I had not understood was just how far-reaching this effort to manufacture consent is in real life. What illustrates this perfectly has been media and censorship over the pandemic years in which nearly all official channels of opinion have very strictly reflected and enforced the cranky views of a tiny elite. Honestly, how many actual people in the US were behind the lockdowns policy in terms of theory and action? Probably fewer than 1,000. Probably closer to 100.

But thanks to the work of the Censorship Industrial Complex, an industry built of dozens of agencies and thousands of third-party cutouts including universities, we were led to believe that lockdowns and closures were just the way things are done. Vast amounts of the propaganda we endured was top down and wholly manufactured.

Third, the lockdown experience demonstrates that there is nothing necessarily slow and evolutionary about the movement of the Window. In February 2020, mainstream public health was warning against travel restrictions, quarantines, business closures, and the stigmatization of the sick. A mere 30 days later, all these policies became acceptable and even mandatory belief. Not even Orwell imagined such a dramatic and sudden shift was possible!

The Window didn’t just move. It dramatically shifted from one side of the room to the other, with all the top players against saying the right thing at the right time, and then finding themselves in the awkward position of having to publicly contradict what they had said only weeks earlier. The excuse was that “the science changed” but that is completely untrue and an obvious cover for what was really just a craven attempt to chase what the powerful were saying and doing.

It was the same with the vaccine, which major media voices opposed so long as Trump was president and then favored once the election was declared for Biden. Are we really supposed to believe that this massive switch came about because of some mystical window shift or does the change have a more direct explanation?

Fourth, the entire model is wildly presumptuous. It is built by intuition, not data, of course. And it presumes that we can know the parameters of its existence and manage how it is gradually manipulated over time. None of this is true. In the end, an agenda based on acting on this supposed Window involves deferring to the intuitions of some manager who decides that this or that statement or agenda is “good optics” or “bad optics,” to deploy the fashionable language of our time.

The right response to all such claims is: you don’t know that. You are only pretending to know but you don’t actually know. What your seemingly perfect discernment of strategy is really about concerns your own personal taste for the fight, for controversy, for argument, and your willingness to stand up publicly for a principle you believe will very likely run counter to elite priorities. That’s perfectly fine, but don’t mask your taste for public engagement in the garb of fake management theory.

It’s precisely for this reason that so many intellectuals and institutions stayed completely silent during lockdowns when everyone was being treated so brutally by public health. Many people knew the truth – that everyone would get this bug, most would shake it off just fine, and then it would become endemic – but were simply afraid to say it. Cite the Overton window all you want but what is really at issue is one’s willingness to exercise moral courage.

The relationship between public opinion, cultural feeling, and state policy has always been complex, opaque, and beyond the capacity of empirical methods to model. It’s for this reason that there is such a vast literature on social change.

We live in times in which most of what we thought we knew about the strategies for social and political change have been blown up. That’s simply because the normal world we knew only five years ago – or thought we knew – no longer exists. Everything is broken, including whatever imaginings we had about the existence of this Overton window.

What to do about it? I would suggest a simple answer. Forget the model, which might be completely misconstrued in any case. Just say what is true, with sincerity, without malice, without convoluted hopes of manipulating others. It’s a time for truth, which earns trust. Only that will blow the window wide open and finally demolish it forever.

Author

  • Jeffrey A. Tucker

    Jeffrey Tucker is Founder, Author, and President at Brownstone Institute. He is also Senior Economics Columnist for Epoch Times, author of 10 books, including Life After Lockdown, and many thousands of articles in the scholarly and popular press. He speaks widely on topics of economics, technology, social philosophy, and culture.

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Brownstone Institute

The Teams Are Set for World War III

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From the Brownstone Institute

BY Toby RogersTOBY ROGERS

I’ve seen some crazy things over the last few years but this is off-the-charts insane.

Last week, Michael E. Mann spoke at the EcoHeath Alliance: Green Planet One Health Benefit 2024. Just to recap who each of these players are:

  • Michael E. Mann is the creator of the “hockey stick graph” that has driven the global warming debate for the last 25 years.
  • EcoHealth Alliance is the CIA cutout led by Peter Daszak that launders money from the NIH to the Wuhan Institute of Virology to create gain-of-function viruses (including SARS-CoV-2 which killed over 7 million people).
  • “One Health” is the pretext the World Health Organization (WHO) is using to drive the Pandemic Treaty that will vastly expand the powers of the WHO and create economic incentives for every nation on earth to develop new gain-of-function viruses.

So a leader in the global warming movement spoke at an event to raise money for the organization that just murdered 7 million people and the campaign that intends to launch new pandemics in perpetuity to enrich the biowarfare industrial complex.

And then just for good measure, Peter Hotez reposted all of this information on Twitter, I imagine in solidarity with all of the exciting genociding going on.

Mann’s appearance at this event is emblematic of a disturbing shift that has been years in the making. Serious and thoughtful people in the environmental movement tried to address industrial and military pollution for decades. Now their cause has been co-opted by Big Tech and other corporate actors with malevolent intentions — and the rest of the environmental movement has gone along with this, apparently without objection. So we are witnessing a convergence between the global warming movement, the biowarfare industrial complex, and the WHO pandemic treaty grifters.

I wish it wasn’t true but here we are.

Before I go any further I need to make one thing clear: the notion that pandemics are driven by global warming is complete and total bullsh*t. The evidence is overwhelming that pandemics are created by the biowarfare industrial complex including the 13,000 psychopaths who work at over 400 US bioweapons labs (as described in great detail in The Wuhan Cover-Up).

Unfortunately “global warming” has become a cover for the proliferation of the biowarfare industrial economy.

Mann’s appearance at an event to raise money for people who are clearly guilty of genocide (and planning more carnage) made me realize that this really is World War III. They are straight-up telling us who they are and what they intend to do.

The different sides in this war are not nation-states. Instead, Team Tyranny is a bunch of different business interests pushing what has become a giant multi-trillion dollar grift. And Team Freedom is ordinary people throughout the world just trying to return to the classical economic and political liberalism that drove human progress from 1776 until 2020.

Here’s how I see the battle lines being drawn:


TEAM TYRANNY

Their base: Elites, billionaires, the ruling class, the biowarfare industrial complex, intelligence agencies, and bougie technocrats.

Institutions they control: WEF, WHO, UN, BMGF, World Bank, IMF, most universities, the mainstream media, and liberal governments throughout the developed world.

Economic philosophy: The billionaires should control all wealth on earth. The peasants should only be allowed to exist to serve the billionaires, grow food, and fix the machines when necessary. Robots and Artificial Intelligence will soon be able to replace most of the peasants.

Political philosophy: Centralized control of everything. Elites know best. The 90% should shut up, pay their taxes, take their vaccines, develop chronic disease, and die. High tech global totalitarianism is the best form of government. Billionaires are God.

Philosophy of medicine: Allopathic. Cut, poison, burn, kill. Corporations create all knowledge. Bodies are machines. Transhumanism is ideal. The billionaires will soon live forever in the digital cloud.

Their currency: For now, inflationary Federal Reserve policies. Soon, Central Bank Digital Currency (CBDC) that will put the peasants in their place once and for all.

Policy vehicles to advance their agenda: One Health; WHO Pandemic Treaty; social credit scores; climate scores; vaccine mandates/passports; lockdowns and quarantine camps; elimination of small farms and livestock; corporate control of all food, land, water, transportation, and the weather; corporate control of social movements; and 15-minute cities for the peasants.

Military strategy: Gain-of-function viruses, propaganda, and vaccines.


TEAM FREEDOM

Our base: The medical freedom movement, Constitutionalists, small “l” libertarians, independent farmers, natural meat and milk producers, pirate parties, natural healers, homeopaths, chiropractors, integrative and functional medicine doctors, and osteopaths.

Aligned institutions: CHD, ICAN, Brownstone Institute, NVIC, SFHF, the RFK, Jr. campaign, the Republican party at the county level…

Economic philosophy: Small “c” capitalism. Competition. Entrepreneurship.

Political philosophy: Classical liberalism. The people, using their own ingenuity, will generally figure out the best way to do things. Decentralize everything including the internet. If the elites would just leave us alone the world would be a much more peaceful, creative, and prosperous place. Human freedom leads to human flourishing.

Philosophy of medicine: Nature is infinite in its wisdom. Listen to the body. Systems have the ability to heal and regenerate.

Our currency: Cash, gold, crypto, and barter. (I don’t love crypto but lots of smart people in our movement do.)

Policy ideas: Exit the WHO. Boycott WEF companies. Repeal the Bayh-Dole Act, NCVIA Act, Patriot Act, and PREP Act. Add medical freedom to the Constitution. Prosecute the Faucistas at Nuremberg 2.0. Overhaul the NIH, FDA, CDC, EPA, USDA, FCC, DoD, and intelligence agencies. Make all publicly-funded scientific data available to the public. Ban insider trading by Congress. Support and protect organic food, farms, and farmers’ markets. Break up monopolies. Cut the size of the federal government in half (or more).

Our preferred tools to create change: Ideas, love for humanity, logic and reason, common sense, art and music, and popular uprising.

What would you add, subtract, or change in each of these lists?

Republished from the author’s Substack

Author

  • Toby Rogers

    Toby Rogers has a Ph.D. in political economy from the University of Sydney in Australia and a Master of Public Policy degree from the University of California, Berkeley. His research focus is on regulatory capture and corruption in the pharmaceutical industry. Dr. Rogers does grassroots political organizing with medical freedom groups across the country working to stop the epidemic of chronic illness in children. He writes about the political economy of public health on Substack.

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