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Ruth King

Litigating The Government’s Metastasizing Censorship Regime Francis Menton

https://us7.campaign-archive.com/?e=a9fdc67db9&u=9d011a88d8fe324cae8c084c5&id=8cab9ac5f9

For years, conservatives have complained of apparent censorship of their voices on the principal social media platforms, like Facebook, Google and Twitter. Posts or tweets get taken down, or de-boosted, or de-monetized, or degraded in search results, or “shadow-banned,” or slapped with content warnings, or otherwise suppressed. But the response from Big Tech has always been, hey, we’re private companies, and we’re not subject to the First Amendment. We can do as we please.

Then Elon Musk took over Twitter, and followed by giving several journalists access to Twitter’s electronic archives to investigate any untoward government manipulation. The result has been the Twitter Files, an ongoing series of Twitter threads laying bare the coordination between pre-Musk Twitter and dozens of government actors to suppress disfavored speech. The most recent nineteenth segment of the Twitter Files series was published on March 20 by Matt Taibbi.

Now that it is clear that the systematic censorship of conservative voices is very real and has been largely directed and coordinated by the government itself behind the scenes, is there anything that can be done about that through litigation? There actually are some significant efforts under way in that regard. Probably the most important is the case titled Missouri v. Biden, pending in the Western District of Louisiana. The case seeks declaratory and injunctive relief against the government under the First Amendment to stop it from continuing to pressure social media platforms to suppress speech that the current government does not like. On March 20, the court issued a major opinion denying the government’s motion to dismiss. That opinion is available here. With the motion to dismiss denied, the case will proceed through full discovery and, presumably, trial.

“Books – Censorship, or Choice?” Sydney Williams

http://www.swtotd.blogspot.com

The Left has the annoying habit of blaming the right for transgressions of which they are guilty, from weaponizing government to tabling stories that put them in a bad light, like Hunter Biden’s laptop. Cloaked in bogus virtue, with mainstream media in their corner, they leave no doubt as to the righteousness of their positions. They profess concern for the aged yet are unwilling to address the impending financial collapse of Social Security, Medicare, and Medicaid – virtually a certainty in the next ten to fifteen years, unless action is taken. They claim to represent the poor yet propose and implement inflationary policies whose victims are the lowest income families.

The Left complains about censorship from the right, while they intimidate conservative college speakers, like commentator Charlie Kirk at the University of California Davis, Judge Kyle Duncan at Stanford Law School and causing Mary Eberstadt, author of Primal Screams, to cancel this week’s talk at Furman University. In 2016, public figures as diverse as Barack Obama, Clarence Thomas, and Michael Bloomberg warned about political correctness gone awry. The Foundation for Individual Rights in Education (FIRE) agreed: “One worrisome trend undermining open discourse in the academy is the increased push by some students and faculty to ‘disinvite’ speakers with whom they disagree from campus appearances.” Seven years later, the situation has worsened. People have the right to protest, but school and college administrators should promote diversity in speakers and in books, not cling to a partisan political ideology.

What’s to stop the next government from reversing judicial reform? Opposition leader Yair Lapid has repeatedly said he will roll back everything on the day he returns to power. By David Isaac

https://www.jns.org/whats-to-stop-the-next-government-from-reversing-judicial-reform/

Prime Minister Benjamin Netanyahu has called for a “timeout” on judicial reform to give dialogue a chance. He also promised his supporters that reform will get done. If negotiations fail, and the coalition pushes through reform anyway, the opposition has promised to reverse it once it’s at the helm.

Opposition leader Yair Lapid of the Yesh Atid Party has repeatedly said, as he did in February at the Knesset, “On the day we return to power, all these changes will be canceled.… We will fight against all this insanity with all our strength.”

Two analysts JNS spoke with, despite holding opposite views about the reform, said that’s unlikely. Russell Shalev of the Kohelet Policy Forum, who supports the reform, and Amichai Cohen of the Israel Democracy Institute, who opposes it, agree that the opposition will not want to give up the reform’s benefits because the reform takes power away from judges and gives it to elected officials. Politicians would, therefore, have an incentive to uphold the new system.

“The basic idea behind all these reform proposals is democratic accountability—increasing the public’s ability to decide on the policies that influence our faith, our politics, our country,” Shalev told JNS. He noted that the most important proposal advanced so far, up until Netanyahu froze the legislative process on Monday, was a bill to change how judges are selected by nullifying judges’ control over the Judicial Selection Committee.

“The reform gives the public [through its elected officials] the ability to appoint judges. So I have a hard time believing that should this be passed in the future, a left-wing government will give up its newfound power to decide who will be the judges,” he said.

A Guide to Understanding the Hoax of the Century-Thirteen ways of looking at disinformation By Jacob Siegel

https://www.tabletmag.com/sections/news/articles/guide-understanding-hoax-century-thirteen-ways-looking-disinformation

PROLOGUE: THE INFORMATION WAR

In 1950, Sen. Joseph McCarthy claimed that he had proof of a communist spy ring operating inside the government. Overnight, the explosive accusations blew up in the national press, but the details kept changing. Initially, McCarthy said he had a list with the names of 205 communists in the State Department; the next day he revised it to 57. Since he kept the list a secret, the inconsistencies were beside the point. The point was the power of the accusation, which made McCarthy’s name synonymous with the politics of the era.

For more than half a century, McCarthyism stood as a defining chapter in the worldview of American liberals: a warning about the dangerous allure of blacklists, witch hunts, and demagogues.

Until 2017, that is, when another list of alleged Russian agents roiled the American press and political class. A new outfit called Hamilton 68 claimed to have discovered hundreds of Russian-affiliated accounts that had infiltrated Twitter to sow chaos and help Donald Trump win the election. Russia stood accused of hacking social media platforms, the new centers of power, and using them to covertly direct events inside the United States.

None of it was true. After reviewing Hamilton 68’s secret list, Twitter’s safety officer, Yoel Roth, privately admitted that his company was allowing “real people” to be “unilaterally labeled Russian stooges without evidence or recourse.”

The Hamilton 68 episode played out as a nearly shot-for-shot remake of the McCarthy affair, with one important difference: McCarthy faced some resistance from leading journalists as well as from the U.S. intelligence agencies and his fellow members of Congress. In our time, those same groups lined up to support the new secret lists and attack anyone who questioned them.

When proof emerged earlier this year that Hamilton 68 was a high-level hoax perpetrated against the American people, it was met with a great wall of silence in the national press. The disinterest was so profound, it suggested a matter of principle rather than convenience for the standard-bearers of American liberalism who had lost faith in the promise of freedom and embraced a new ideal.

Turkey: Missing Children from Earthquakes Risk Human Trafficking, Organ Harvesting, Sexual Abuse by Uzay Bulut

https://www.gatestoneinstitute.org/19493/turkey-missing-children

The newspaper Cumhuriyet reported on February 23 that a doctor from Ankara, who has been volunteering to help find missing children since the first day of the earthquake, claimed that the number of missing children was approaching 1,000.

The fatwa stated that it is not right to treat adopted children like one’s own children and that “accordingly, the relationship between the adopter and the adopted child does not create a barrier to marriage.”

“[I]t is reported that unaccompanied children are not handed over to authorized state institutions, but to people who say that the children are relatives, tariqats [radical Islamist groups] or organ mafia.” — Association of Children and Women First, once.org.tr, February 17, 2023.

“The Ministry of Family and Social Policies must first determine the identity of the children…. It is unacceptable to deliver these children to third parties, individuals, institutions, or associations other than the Ministry. Adoption and foster family institutions should also be done lawfully in line with the Ministry’s rigorous and meticulous investigations.” — Association of Children and Women First, once.org.tr, February 17, 2023.

“The basic rule in the UN Convention on the Rights of the Child is ‘follow the best interests of the child.'” — Hediye Gökçe Baykal, attorney at the Association of Children and Women First, to Gatestone, March 9, 2023.

When multiple earthquakes first struck Turkey on February 6, the death toll, according to the Turkish government after a month, reached 48,448. Unofficial sources estimate that the real number is much higher. Around 200,000 people were still waiting to be rescued from under buildings that had collapsed, according to a prediction from early February by geophysical engineer Professor Ovgun Ahmet Ercan.

How a false hydroxychloroquine narrative was created, and more- Meryl Nass

https://johnhabelesmd.substack.com/p/how-a-false-hydroxychloroquine-narrative?utm_source=substack&utm_medium=email

An exposé of the shameful history of suppression of HCQ use in Covid , a very useful antiviral and anti-inflammatory drug – also a zinc ionophore – that could have saved millions of hospitalisations and deaths .

“……..It is remarkable that a large series of events taking place over the past months produced a unified message about hydroxychloroquine (HCQ), and produced similar policies about the drug in the US, Canada, Australia, NZ and western Europe.  The message is that generic, inexpensive hydroxychloroquine (costing only $1.00 to produce a full course) is dangerous and should not be used to treat a potentially fatal disease, Covid-19, for which there are no (other) reliable treatments. 

Hydroxychloroquine has been used safely for 65 years in many millions of patients.  And so the message was crafted that the drug is safe for its other uses, but dangerous when used for Covid-19.  It doesn’t make sense, but it seems to have worked.

In the US, “Never Trump” morphed into “Never Hydroxychloroquine,” and the result for the pandemic is “Never Over.”  But while anti-Trump spin is what characterized suppression strategies in the US, the frauds perpetrated about hydroxychloroquine and the pandemic include most western countries.

Why do I say “Never Over”?  I am expanding on this claim with a), b), c) on August 30. Later in the paper additional evidence is provided.

a) Because if people were treated with HCQ at the onset of their illness, over 99% would quickly resolve the infection, avoiding progression to the late stage disease characterized by cytokine storm, thrombophilia and organ failure. Despite claims to the contrary, this treatment is very safe.  (Yet outpatient treatment is banned in many US states.) UPDATE Jan 15: The CDC forgot to rewrite its guidance on malaria and hydroxychloroquine during Covid.  CDC says hydroxychloroquine “can be safely taken by pregnant women and nursing mothers…”  Only “when it is used at higher doses for many years, a rare eye condition called retinopathy has occurred.“

Therefore What? Charles C. W. Cooke Progressives in the media have found a clever way of blaming conservatives, whatever happens.

https://www.nationalreview.com/corner/therefore-what/

“If a person progressives like is attacked, then that must be the result of conservatives speaking or voting or living as they see fit. And if a person progressives like is an attacker, then that must be the fault of the result of conservatives speaking or voting or living as they see fit. Whatever happens, the same people get blamed. It’s revolting.”

Per Ari Blaff, Terry Moran said the following on television yesterday:

ABC News anchor Terry Moran mischaracterized the legislation and implied it may have been related to the attack.

“The shooter identified herself as a transgender person. The state of Tennessee earlier this month passed and the governor signed a bill that banned transgender medical care for minors as well as a law that prohibited adult entertainment as well as male and female impersonators after a series of drag show controversies in that state.”

I would like to know what is supposed to come next in Moran’s sequence. The shooter was transgender; Tennessee had passed some laws she didn’t like; therefore . . .

Therefore what? Therefore what happened makes sense? Therefore she had no choice but to murder some nine-year-olds? Therefore the State of Tennessee is guilty in some sense? What?

I’d like to know why these facts were raised as they were. Because, to be quite honest with you, I cannot see an innocent explanation for Moran’s having juxtaposed them with the news he was relaying. Certainly, we can quibble over the scale of Moran’s implication, but there seems little doubt that his words were explanatory in nature.

And, unless such explanations are followed by immediate condemnation — which Moran’s were not — that’s a pretty massive problem, isn’t it? Elsewhere yesterday, an NBC reporter named Benjamin Ryan tweeted that “NBC has ID’d the Nashville school shooter as [], 28, who identifies as transgender and had no previous criminal record. Nashville is home to the Daily Wire, a hub of anti-trans activity by @MattWalshBlog, @BenShapiro and @MichaelJKnowles.”

Okay. Therefore what? Therefore Walsh, Shapiro, and Knowles are ultimately responsible? Therefore the shooter should have targeted those people instead? Therefore what? I’d like to know.

Why Did the Biden Administration Oppose Israeli Judicial Reform? Jonathan Tobin

https://www.gatestoneinstitute.org/19537/israel-judicial-reform

Ignore Washington’s hypocritical talk about protecting democracy. They want a weak government that won’t make trouble when it comes to Iran, and they won’t stop until they get one.

Washington made no secret of its efforts to directly intervene in a domestic Israeli dispute….

The people who jammed the streets… see the maintenance of an unaccountable court with virtually unlimited power as the only way to maintain the Israeli left’s political power even when they lose elections….

Washington is… determined… to oust a democratically elected government by any means possible.

What the White House and State Department want is more pliable Israeli Prime Minister, who will keep quiet about the nuclear threat from Iran, and who can be intimidated into not acting too forestall that deadly threat to Israel’s existence.

As for behaving like a dictator, Biden’s predilection for governing by executive order… even when his diktats are obviously contrary to the constitution or existing laws makes anything Netanyahu might attempt look like child’s play.

[Biden’s] administration apparently thinks that when Israel’s Supreme Court strikes down Netanyahu’s efforts to govern – on the basis of no law, and only on the judges, subjective ideas about what is “reasonable” – it’s a great idea.

[E]stablishment Jewish groups… joined the liberal groups in praising Netanyahu’s surrender to the mob and then had the chutzpah to laud the protesters, who sought to sabotage the country to get their way without even any attempt at balance by treating supporters of the government and reform, who clearly outnumbered the critics at the ballot box last November, as equally praiseworthy.

[T]hey also understand that the hyperbolic claims that Netanyahu and advocates of judicial reform seek to impose a dictatorship or a Torah state is pure fiction.

What Biden and his supporters want in Jerusalem isn’t so much an all-powerful Supreme Court… but anything that can help oust the prime minister.

The [Biden] administration is now willing to tolerate Iran having nuclear weapons as long as they are not going to publicly flaunt them.

This attitude isn’t just unacceptable to all of Israel’s major political parties. It constitutes a grave threat to the security of the Jewish state that no Israeli prime minister could reasonably be expected to tolerate.

The brazen nature of Biden’s attack on Netanyahu… speaks volumes about how much the administration wants an Israeli government that won’t cause trouble over Iran.

It didn’t play a decisive role in the drama that unfolded in Israel as Israeli Prime Minister Benjamin Netanyahu was forced to call a halt to his efforts to enact judicial reform. But the Biden administration’s willingness to involve itself in the push to oppose the measure was remarkable for two reasons.

Time to End the Veil of Secrecy Inside D.C. Kangaroo Court The new chief judge needs to shine much-needed light inside the E. Barrett Prettyman Courthouse. Julie Kelly

https://amgreatness.com/2023/03/28/time-to-end-the-veil-of-secrecy-inside-d-c-kangaroo-court/

Judge Beryl Howell did not get the gushing send off from her colleagues she undoubtedly expected.

Howell, appointed to the D.C. District Court by Barack Obama in 2010 and elevated to the court’s highest post in 2016—just in time to oversee numerous criminal investigations into Donald Trump—finished up her seven-year stint as chief judge earlier this month. Colleagues and staff assembled in her courtroom as the proverbial torch was passed to Judge James Boasberg, another Obama appointee.

But according to Politico, the retirement celebration turned into a “roast” of sorts as one judge after another chided Howell for her closed-doors dealings. 

“Howell seemed to freeze in her seat as the most senior jurist on the court, Judge Paul Friedman, publicly described her still-secret rulings in grand jury-related matters,” reporters Josh Gerstein and Kyle Cheney wrote on March 17. “[Her] fellow judges made clear they were as tantalized as the rest of the political world by Howell’s secret work presiding over grand juries that could lead to charges against former President Donald Trump.”

Howell sat “stone-faced” when Friedman teased how, “we’d all love to read her opinions, but we can’t.” Friedman also noted that Howell issued “100 secret grand jury opinions” as chief judge.

Tanya Chutkan, another Obama appointee, also chimed in. “There’s so much work Chief Judge Howell has done that we may never know about,” she joked.

Although she will remain on the bench as an associate judge, her farewell as chief ended on a sour note. Nevertheless, Howell got the last laugh, once again, at Trump’s expense.

In yet another sealed ruling, Howell rejected claims of privilege and ordered Evan Corcoran, one of Trump’s attorneys, to testify before a grand jury in the Justice Department’s ongoing investigation into Team Trump’s handling of alleged classified documents. 

Howell’s penchant for secrecy, of course, doesn’t extend to the news media; details related to the sealed order were leaked a few days later. 

Israel’s protesters are enemies, not heroes, of democracy Erielle Davidson and Eugene Kontorovich

https://nypost.com/2023/03/28/israels-protesters-are-enemies-not-heroes-of-democracy/

Israeli Prime Minister Benjamin “Bibi” Netanyahu announced Monday night he was temporarily pausing his government’s judicial-reform efforts in the face of strikes by key industries, insubordination in some parts of the military and huge protests.

While many within the international community, as well as on the Israeli left, will attempt to portray the announcement as a triumph of democracy, it is anything but.

The reforms seek to introduce a modicum of checks and balances into Israel’s political system, where the “court” sits as a de facto unelected supreme legislative chamber that can exercise veto power over every single government action.

The assault on the proposals, apart from the telegenic protesters, was actually rooted in the state’s bureaucracy, which remains highly sympathetic to the judiciary.

For 25 years, Israel’s Supreme Court has operated entirely without democratic constraints.

Not only does the court remain unfettered by any written constitution when evaluating a law — it is guided by such nebulous principles as “human dignity” and “liberty” — it’s also seized the ability to block any government act it deems “unreasonable.”

Perhaps most confounding, judges exercise veto power over the selection of their successors, resulting in an ideologically homogenous judiciary.