Brownstone Institute
Tremendous Progress in Missouri v. Biden
From the Brownstone Institute
BY 
As I explained previously, the government appealed the district court’s preliminary injunction in Missouri v. Biden, which would prohibit the government from pressuring social media companies to censor Americans online. Two days ago, a three-judge panel in the 5th Circuit court of appeals heard oral arguments from both sides.
Alex Gutentag over at Public yesterday provided a great summary of the judge’s responses during the hearing:
Yesterday the Fifth Circuit court heard oral arguments in the Missouri v. Biden case, and the judges did not hold back. One judge suggested the government “strongarms” social media companies and that their meetings had included “veiled and not-so-veiled threats.”
Another judge described the exchange between the Biden administration and tech companies as the government saying, “Jump!” and the companies responding, “How high?”
“That’s a really nice social media company you got there. It’d be a shame if something happened to it,” the judge said, describing the government’s coercive tactics.
Attorney John Sauer, representing Louisiana, masterfully argued that the government had repeatedly violated the First Amendment. He pointed to specific evidence of coercion in the Facebook Files.
“You have a really interesting snapshot into what Facebook C-suite is saying,” Sauer explained. “They’re emailing Mark Zuckerberg and Sheryl Sandberg and saying things like… ‘Why were we taking out speech about the origins of covid and the lab leak theory?’” The response, Sauer said, was, “Well, we shouldn’t have done it, but we’re under pressure from the administration.”
He also cited an email from Nick Clegg, Facebook President of Global Affairs, that pointed to “bigger fish to fry with the Administration — data flows, etc.”
On Monday, Public reported that these “data flows” referred to leverage the Biden administration had over the company; Facebook needed the White House to negotiate a deal with the European Union. Only through this deal could Facebook maintain access to user data that is crucial for its $1.2 billion annual European business.
But Sauer also made it clear that coercion was not the only basis on which the court could rule against the Biden administration. Joint activity between the White House and social media platforms would also be unconstitutional.
Sauer compared what the government had done to book burning. “Imagine a scenario where senior White House staffers contact book publishers… and tell them, ‘We want to have a book burning program, and we want to help you implement this program… We want to identify for you the books that we want burned, and by the way, the books that we want burned are the books that criticize the administration and its policies.”
Daniel Tenny, the attorney for the Department of Justice, was left nitpicking and misrepresenting the record. In one instance, he denied that Anthony Fauci and Francis Collins had hatched a plan to orchestrate a “takedown” of the Great Barrington Declaration. Why? Because, Tenny said, according to their emails, they actually planned a takedown of “the premises of the Great Barrington Declaration.”
Tenny also stated that social media companies had not removed any true content. From the case’s discovery as well as the Facebook Files we know that is far from true. Facebook, against internal research and advice, did remove “often-true content” that might discourage people from getting vaccinated. Facebook’s own emails clearly suggest that the company only did this due to pressure from figures within the Biden Administration.
Tenny also claimed that when Rob Flaherty, the White House director of Digital Strategy, dropped the F-bomb in an exchange with Facebook it was not about content moderation. In fact, it was precisely about content moderation and occurred during a conversation about how Instagram was throttling Biden’s account. Ironically, the account couldn’t gain followers because Meta’s algorithm had determined that it was spreading vaccine misinformation.
Later, Sauer demolished an earthquake hypothetical that Tenny had introduced to justify state-sponsored censorship. “You can say this earthquake-related speech that’s disinformation is false, it’s wrong,” Sauer said. “The government can say it’s bad, but the government can’t say, ‘Social media platforms, you need to take it down.’ Just like a government can’t stand at the podium and say, ‘Barnes and Noble, you need to burn the bad books, burn the Communist books, whatever it is.’ They can’t say take down speech on the basis of content.”
Based on this hearing, the plaintiffs in Missouri v. Biden may have a strong chance of winning. Biden’s DOJ simply had no valid arguments to present. The evidence is clear: the administration brazenly engaged in an unlawful censorship campaign and instrumentalized private companies to do its bidding. This total disregard for fundamental civil liberties will be a stain on the Democratic Party for years to come.
Matt Taibbi’s reporting on this at Racket News yesterday was likewise excellent. I especially appreciated his colorful account of our brilliant lawyer, John Sauer. A few excerpts:
Early in the afternoon, a three-judge panel met to decide whether or not to revoke a stay of Judge Terry Doughty’s sweeping July 4th order barring a battery of government agencies from contacting social media companies about content moderation. Biden administration counsel Daniel Bentele Hahs Tenny was under fire from the jump.
It was hard not to feel for Tenny. Sitting across from him was a packed table of anxious plaintiffs’ attorneys, including Missouri’s garrulous, tornado-like former Solicitor General John Sauer — the driving force behind the Missouri v. Biden legislation — as well as the current officeholder, a lean, plain-spoken lawyer with Jimmy Stewart vibes named Josh Devine. Tenny, an ashen, slouching figure, was alone. In a case of major historical import, likely headed to the Supreme Court, the federal government hadn’t even sent another lawyer to keep him company. Staring down at his table, he looked like Napoleon Dynamite at lunch.
Called first, Tenny read a speech. He made it through the first thirty seconds well enough, arguing that Doughty’s July 4th order would leave the government “powerless” to discourage social media companies from disseminating “untrue” statements in the event of a natural disaster. Then, almost right away, he stepped in it.
“To take another example,” Tenny went on. “If… a government official were to conclude that it was likely, although not certain, that posts on social media were part of a criminal conspiracy, for example regarding human trafficking… the government official would be powerless to bring those posts to the social media company’s attention.”
Judges Edith Brown Clement, Jennifer Walker Elrod, and Don Willett listened sleepily at first, but all three snapped awake at the words “criminal conspiracy.” Doughty’s July 4th order specifically exempted communications about “criminal activity or criminal conspiracies,” posts that “threaten the public safety,” and communications about things that are “not protected free speech.” Tenny’s remarks more or less immediately drove into this wall of exceptions.
“So you do not believe that either of those are covered by the exception or exclusion specifically contained in the injunction?” asked Elrod.
Things then went bad to worse for the government:
Before long judges were rattling off greatest hits of both the Missouri v. Biden evidence and Facebook Files material, the worst possible scenario. Elrod within minutes was referencing posts by officials like the White House’s Rob Flaherty expressing frustration that content like Tucker Carlson videos or Alex Berenson articles hadn’t been removed.
“What appears to be in the record are these irate messages from time to time from high ranking government officials that say, you didn’t do this yet,” she said. “It’s like ‘Jump!’ and ‘How High?’”
Tenny tried to reorient Elrod to the question of whether or not this constituted overt coercion. If you were coercing, he said, “You wouldn’t say, ‘I’m really mad.’ You would just say, ‘Do this or else,’ and the or else would be clear.”
Elrod, not buying it, launched into an extraordinary counter-argument, comparing the federal government to the mob:
If you’ll excuse me, it’s like if somebody is in these movies that we see with the mob or something. They don’t say and spell out things, but they have these ongoing relationships, and they never actually say, “Go do this or else you are going to have this consequence.” But everybody just knows…
I’m certainly not equating the federal government with anybody in illegal organized crime. But… there are certain relationships where people know things without always saying the “or else.”
Willett put the mob analogy in even plainer language, saying the government’s behavior was a “fairly unsubtle kind of strong-arming,” as in, “That’s a really nice social media platform you got there. It’d be a shame if something happened to it.”
Then our lawyer John Sauer’s took his turn delivering a barrage of evidence and pointed arguments like a caped crusader making short work of helpless thugs:
In the court gallery a few clerks winced at one another at certain points of Tenny’s address, the way people do at boxing matches when someone walks into a face shot. The effect got worse when Tenny walked off and a furious Sauer addressed the judges. While Tenny rambled and spoke in generalities, the loquacious, bespectacled Sauer — who appears descended from some ancient God of rage — tore into the government’s arguments with ferocity and specificity. Judges tried at various points to challenge him, but he kept hurling cites back so fast the queries got lost.
“I would direct the court’s attention to pages 70 to 75 and 80 to 86 of the District court’s opinion,” he’d say, “where he makes specific findings resulting in the conclusion that CISA and the Election Integrity Partnership were, quote, ‘completely intertwined…’”
Taibbi then placed the significance of this case into context, explaining why the case will almost certainly end up at the Supreme Court:
Missouri v. Biden is fast becoming the vehicle through which a diverse series of recent disclosures about government censorship, including the Twitter Files reports, is likely to be litigated at a national level. What was pooh-poohed as conspiracy theory even a year ago is now a cat-hair away from being addressed and potentially proscribed by the country’s highest court. For the issue to get there at all would in itself represent an incredible journey, but signs continue to accumulate that a rare major judicial reprimand of the intelligence and enforcement communities could actually happen, and soon, too.
It would be a mistake to read too much into hearings like yesterday’s. One never knows how judges will rule, even when they appear to show emotion and inclination in court. Sometimes, they’re playing Devil’s advocate. The appellate panel, charged with deciding whether or not to reinstate Doughty’s sweeping order, could easily surprise those who attended and rule against the plaintiffs. Either way, an answer is expected soon. Attorneys present gave estimates ranging from a few weeks to two months for the panel to rule on yesterday’s issue.
A crucial fact of this case, however, is that Doughty’s July 4th order has created a motivation for both sides to push forward to the Supreme Court as soon as possible. Doughty’s ruling, which described the current Internet censorship regime as “arguably… the most massive attack against free speech in United States history,” essentially said that the damage from current government-influenced content moderation schemes may be so extreme that they must be completely enjoined until courts can determine how bad they are. That ruling was a major victory for the plaintiffs, and if the July 14th stay by the Fifth Circuit Court of Appeals remains in place, the plaintiffs will almost certainly appeal right away to a higher court in hopes of restoring their big win.
If the plaintiffs prevail, on the other hand, Doughty’s order will go back in force and the government will essentially be barred from meddling in the speech landscape. The administration has already argued on paper that this can’t be tolerated for any length of time, as any inability to pursue these “initiatives to prevent grave harm to the American people and our democratic processes,” causes the state “irreparable harm.” A more cynical interpretation might be that the “irreparable harm” is the prospect of the administration going without nuclear opinion-managing tools heading into an election year. Either way, a loss on the stay question will similarly motivate the administration to push for immediate Supreme Court consideration.
That’s all for now, folks. I will update you as soon as we get a ruling from the 5th Circuit. I remain optimistic that an eventual win at the Supreme Court will be the first major step toward completely dismantling the government’s censorship leviathan and restoring First Amendment free speech rights for all Americans.
Thank you for your continued support.
Reprinted from the author’s Substack
Author
From the Brownstone Institute
For me, it’s not difficult to see what the world’s real rulers are trying to achieve. They’re trying to obtain more power and control for themselves. In fact, they’ve largely already achieved this goal. The terrifying thought is they are far from done.
We know they are not finished because their most conspicuous initiative at the moment is their quest to slay the petulances of “misinformation” and “disinformation.”
The correct definition of misinformation/disinformation is any speech that challenges what authority figures say is the truth.
The world’s real rulers don’t want their pronouncements challenged, as this would pose a grave risk to their continued rule and their ability to implement myriad programs that will effectively defeat, once and for all, human freedom.
As long as persuasive dissent doesn’t go viral, the Powers that Be know they will achieve their objectives, which are authoritarian world government much closer to the communist utopia envisioned by thinkers and tyrants like Marx, Mao, and Lenin.
But real communism is not the real goal either, as communism was supposed to make every person equal. The modern form of communism, not unlike all previous forms of communism, ensures the world’s elite organizations will remain ultra-powerful while the proletariat will beg for crumbs.
Who are the World’s Elite Organizations?
They are every important organization – those with great influence (and police-state powers) – including all governmental agencies and departments as well as international government organizations like the UN, WHO, and European Union.
They are also all the major “crony” corporations that benefit from close ties to government and non-governmental organizations.
Plus, foundations like the Bill & Melinda Gates Foundation, the Wellcome Trust, and the Rockefeller Foundation, which have more money than many nations and certainly more ideological commitment to deploy their resources to implement their agendas.
A simple method to define the establishment organizations would be to simply identify the world’s key authorized narratives and then ask yourself what organizations zealously support these initiatives (aka “The Current Thing”).
In the last four years, any organization that vociferously supported all the Covid protocols would be examples of “captured” organizations that enthusiastically supported the Current Thing.
But these same organizations also support all the other ascendant political movements, such as the fight against (allegedly) man-made Climate Change, numerous wars or “interventions” to advance “democracy,” central bank digital currency, and ever more mRNA “vaccines.”
Furthermore, it’s obvious these same organizations support initiatives designed to discredit long-accepted cultural norms in favor of more “progressive” thinking that normalizes gender reversal, race grievances, LGBT+ initiatives, or any reform that advances “diversity, inclusion, or equity.”
The promotion of policies that make mass illegal immigration much easier to achieve has also become a crucial program of our planet’s establishment rulers.
I believe the above summary provides an accurate assessment of the state of the world today.
I also note that it’s an undeniable truth that every program of these establishment organizations has made the world a darker place, with future developments planned by our leaders guaranteed to decrease the qualify of life for children or young adults who may live another 50 to 80 years.
For example, at the moment, unelected delegates who serve on the World Health Organization continue to deliberate in secret as they finalize a new health treaty and make changes to “international regulations” that will affect virtually every citizen on the planet in decades to come.
The salient point about the WHO is that this agency was provably and disastrously wrong on every policy and piece of guidance it issued involving the response to Covid-19.
Another way to identify the members of the Establishment ruling class is to simply identify those who were spectacularly wrong on every key issue of our times. These are the people and organizations who are seeking even more power and control.
Who Will Prevail in the End?
The good news is our side – those who still believe in human liberty – vastly outnumbers the group that is clearly aligned against us.
Above I listed many of the world’s captured organizations. These organizations are staffed by probably a couple hundred thousand key leaders who are committed to supporting the nefarious and freedom -eradicating components of “The Current Thing.”
As I’ll show below, the numbers who identify with “our side” surely exceed tens of millions of citizens.
The bad news is the the enemies of freedom – the worshippers of Big Brother – control all of the institutions and organizations in the world that actually matter.
Whoever sought to capture all of these organizations – from the CDC, the military, the Federal Reserve, the WEF, and the mainstream press – didn’t embark on these projects just to entertain themselves. They did this for a reason. This reason? They wanted to use these organizations to advance/achieve their goals.
To be more specific, they must have known that if they captured all of these organizations it would be almost impossible for any private citizens to stop their plans.
Our Side Actually has a Major Numeric Advantage
Still, the committed generals and staff officers who are seeking even more global control of the masses are…greatly outnumbered by people who are repulsed by their programs.
I’m currently working on a business idea that might supplement the dissident class of independent writers or “citizen journalists” found in the alternative media and on Substack.
In working on this project, I’m very interested in gauging the size of the market for content that resonates with the world’s population that still values freedom. This would be the group of citizens who is skeptical of the authorized narratives and values (genuine) “watchdog” journalism.
My estimate is there must be tens of millions of people who think like I do, people who would like to stop all the goals of the WEF, Davos, and WHO crowd.
The Tucker Carlson Metric
Perhaps the simplest way to estimate the size of this market is to examine the audience of one of the world’s best-known “contrarian journalists,” Tucker Carlson.
Before Carlson was fired by Fox News, his nightly news show routinely drew four million viewers per night, which made it the top-rated news program in North America. Over the course of a month, the show might have attracted 10 million viewers.
As we all know, Carlson was fired for producing content that was extremely popular with millions of adults. But Carlson didn’t disappear or stop producing “taboo” commentary and news segments, he simply moved to Twitter (now X) and kept doing the exact same thing.
Carlson’s interview with Vladimir Putin garnered more than 150 million views and his various streaming podcasts routinely double or triple the number of people he was reaching on Fox News.
Since Tucker covers many of the same “taboo” subjects I do, one can conservatively estimate that at least 10 million of Carlson’s regular viewers strongly oppose everything the world’s so-called leaders want to make a reality. And that’s just Carlson’s audience.
Substack has more than 35 million subscribers, probably 20 percent of whom are searching for content they know they won’t find in, say, the New York Times or CBS News. That would be a “market” of 7 million freedom-supporting citizens.
Tucker was recently the guest on Joe Rogan’s podcast show. Rogan probably has an audience just as large and loyal as Carlson. Indeed, in their wide-ranging and fascinating conversation, Rogan made the point that shows like his and Tucker’s should now be considered “mainstream”…because they reach far more viewers than, say, the newscasts of the big TV networks (which actually aren’t so big anymore).
As far as I can tell, all the “alternative media” outlets are growing rapidly while all the traditional news outlets are Dead Men Walking.
Again, this is an extremely encouraging sign for anyone who believes that skeptical and independent speech is important to help ensure a world where real freedom might continue to exist.
But I Haven’t Mentioned the Biggest Group of Citizens
While “our side” greatly outnumbers the figure of key employees occupying all the captured organizations, the real population group that matters is the immense group that is sitting out this existential battle for freedom.
The citizens who will probably determine the outcome of this battle are the people who have not discovered the Substack contrarians or who never watch Joe Rogan…or who think Tucker Carlson is a dangerous extremist who should have been fired by Fox (and should now be fired by Elon Musk and X). This group numbers in the billions.
(This would be the group that doesn’t want to think anymore about the Covid response or think about the possibility that scary-looking, worm-like clots might be in their veins and arteries right now.)
This group just wants to get through each day with adequate supplies of bread…and if they’re given a few mildly entertaining circuses to distract them from the challenges of their daily lives, that’s enough.
For this segment of the population, any big debate on “freedom” is either boring, not germane to their lives, or they love and appreciate Big Brother and are convinced he is protecting them.
What this means to you and me is that the denouement of this historic battle will be determined by a relatively small percentage of the world’s population.
On one side, we have the 200,000 or so leaders of thousands of important captured organizations. On the other side, we have 10 to 20 million citizens who’ve found each other in the alternative media. In the middle, we have a couple billion people who are oblivious to what’s really at stake.
Whatever way this massive middle group swings in the future, so goes the world.
One suspects the world’s real rulers know that their track record and planned agendas won’t stand up to close scrutiny. They know that their arguments are not as persuasive and could easily be debunked if our side’s arguments were to “go viral.”
To help keep this middle group indifferent or on their side, the Deep State concocted the concepts of disinformation and misinformation to smear or throttle the influence of those on our side.
The ever-growing Censorship Industrial Complex has performed its most important job with (disgusting) distinction. For now at least, the depressing truth is the masses don’t seem to care much about the issues that some of us think are tectonic.
This means recruiting the legions of people we need to recruit will be a strangely tough sale.
Our charge of persuading more of our neighbors to join our side has been made far more difficult by the false narrative that all of the important disinformation is coming from citizens like us, when, in fact, we don’t control any of the important information.
If and when the masses realize who’s been producing the real disinformation, freedom might pull an upset victory.
Republished from the author’s Substack
Author
From the Brownstone Institute
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
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