Big Win for the 1st / Big Loss for David French

5th circuit – Biden White House, FBI likely violated the first amendment

TWITCHY!

While the Second Amendment is being violated in Arizona, we are getting news tonight that the First Amendment is being honored in the Fifth Circuit court of appeals.

Previously, we told you about Missouri v. Biden. As we said on July 4 of this year when the district court issued an injunction:

This is huge deal. This is potentially a landmark case on how the First Amendment applies in the age of social media[.]

We also covered that case herehere and here.

Generally speaking, it is widely believed that social media is free to censor people as they see fit. We believe there might be some legal arguments that can be made against that, but that is a common belief. ‘They’re just private companies making their own decisions’ is the argument offered by people defending this censorship. For instance, here’s uber-weenie David French making that argument:

We have suspected for years that this was French just running interference, and that, in fact, he likes Internet censorship. Recently, he confirmed our suspicions: 

Antisemitism speech is free speech, however vile it can be. So French is upset that Twitter/X is allowing for free speech. We would rather have people feel free to say vile things then have someone decide what kind of speech is allowed.

But the other retort to the French view is presented in Missouri v. Biden, because the argument in that case is that the social media companies were not simply acting on their own. Private action can become government action, under the right circumstances—the most obvious being when the government coerces the private action. The lower court found that various social media companies—like Twitter/X, Meta/Facebook and Google/YouTube were—were not censoring based on their own desires, but because of illegal government pressure. As a result, the District Court issued a preliminary injunction, prohibiting a broad range of communication by the government, and it applied nationwide. If you have been on social media since then, this order protected your right to free speech.

The Biden administration appealed and tonight they largely lost. The Fifth Circuit largely upheld that order, explaining that this was the standard for when private action became state action.

The government cannot abridge free speech. U.S. Const. amend. I. A private party, on the other hand, bears no such burden—it is ‘not ordinarily constrained by the First Amendment.’ Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921, 1930 (2019). That changes, though, when a private party is coerced or significantly encouraged by the government to such a degree that its ‘choice’—which if made by the government would be unconstitutional, Norwood v. Harrison, 413 U.S. 455, 465 (1973)—’must in law be deemed to be that of the State.’ Blum v. Yaretsky, 457 U.S. 991, 1004 (1982); Barnes v. Lehman, 861 F.2d 1383, 1385–36 (5th Cir. 1988). This is known as the close nexus test.

They also found that the Plaintiffs, including many doctors, state officials and even the Gateway Pundit had met the requirement that there be a sufficient threat of irreparable harm:

We agree that the Plaintiffs have shown that they are likely to suffer an irreparable injury. Deprivation of First Amendment rights, even for a short period, is sufficient to establish irreparable injury. 

So, they largely upheld the lower court’s order. They did tighten up the list of officials being enjoined and they clarified the language so it clearly prevented both coercion and ‘significant encouragement’ as the law prohibits. This means that the Biden administration can ask nicely for censorship but can’t engage in the kind of pressure campaigns it has in the past…..

 

Experts, the CDC, Lockdowns, and Depression (+Moral Mockery)

Experts now say the COVID lockdowns and school shutdowns went too far. A new report from the CDC claims 1 in 3 teen girls are suicidal. Could these issues be related? It’s no surprise to Dennis. After all, he always said, “the lockdowns are the greatest mistake in human history.” Experts at the CDC have advice for how to treat this mental health crisis, but should we listen to them or have they lost credibility?

Also, “Experts”:

Science Needs To Stop Using Terms Like Male, Female, Mother And Father

Alternatives to terms like “male” and “female” and “mother” and “father” should be sought in science because they assume that sex is binary and heterosexuality is the norm, a group of researchers from the US and Canada suggests.

Male and female should instead be referred to as “sperm-producing” and “egg-producing,” the Ecology and Evolutionary Biology (EEB) Language Project said, according to the Times of London.

Meanwhile, father and mother should be labeled “parent,” “egg donor” and “sperm donor” in the scientific field.

The group has called on the scientific field to use words that are more “inclusive and precise,” according to a press release from the University of British Columbia, which has three researchers in the initiative.

“Much of Western science is rooted in colonialism, white supremacy and patriarchy, and these power structures continue to permeate our scientific culture,” some project members wrote in the Trends in Ecology and Evolution journal….

(SMH)

Not a fan of Dawkins, but…. “Dawkins Vows to Continue Using ‘Prohibited Words’ Like ‘Male’ and ‘Female

The offending words include terms as basic as “male” and “female”, which the EBB Language Project wants to replace with supposedly more inclusive terms like “sperm-producing”, “egg producing”, and “XY/XX individual”.

The only possible response is contemptuous ridicule,” the notorious atheist — or “anti-theist” — told The Telegraph

“I shall continue to use every one of the prohibited words. I am a professional user of the English language. It is my native language,” he vowed.

I am not going to be told by some teenage version of Mrs Grundy which words of my native language I may or may not use,” he added, referring to a stock character in British discourse dating from the late 1700s, characterised by a tendency to censorious priggishness…..

TO WIT:

Bad ideas are everywhere, spreading like viruses. Ironically, the antidote is readily available. We just have to have the courage to use it. Seth Dillon, CEO of The Babylon Bee, provides the prescription.

More via Black Conservative Perspective

BASED Transman Sets The ABC Community Straight On Biology And Not Calling Women ‘CIS’

“Big Sister” Is Watching You (Ministry of Truth)

Tulsi Gabbard uploaded a clip of her responding to Sean Hannity’s question regarding the newly created Department of Homeland Security’s “Ministry of Truth”. Her original clip can be found on her RUMBLE channel here.

  • MAYORKAS: We have just established a mis-and-disinformation governance board in the Department of Homeland Security to more effectively combat this threat, not only to election security, but to our homeland security.  

A wonderful [warning] TUCKER CARLSON TONIGHT commentary:

DAILY MAIL has a good end to their article:

  • REVEALED: Biden’s new disinformation czar shared misleading tweets about Covid masks, claimed Trump presidency would ’embolden ISIS’ and praised British spy behind the debunked Russian dossier- but she STILL hasn’t apologized

….Musk, who is now the owner of the platform, has said that his aim is to make it a more open ‘digital town square.’

‘Free speech is the bedrock of a functioning democracy, and Twitter is the digital town square where matters vital to the future of humanity are debated,’ Musk wrote in a statement upon the purchase approval.

In an interview with NPR prior to her appointment as disinformation czar, Jankowicz expressed her concerns about that, saying: ‘I shudder to think about if free speech absolutists were taking over more platforms, what that would look like for the marginalized communities.’

She said these groups are ‘already shoulderingdisproportionate amounts of this abuse’ and said free speech and lack of censoring on social media would make it worse.

Musk has now called the creation of Biden’s new ‘disinformation’ board ‘discomforting.’

He was responding to a tweet from conservative political commentator, comedian and media personality Steven Crowder.

‘The government is creating a misinformation governance board,’ Crowder tweeted on Thursday.

‘Who else did something like that?’ he continued. ‘Oh I remember, the Nazi’s. And there’s some data showing some interesting things going on post- @elonmusk’s Twitter takeover!’

Several other conservatives have also spoken out against the new disinformation board, with Republican Senator Josh Hawley demanding that the White House ‘dissolve’ it, claiming that it would only ‘monitor Americans’ free speech’. 

‘I write with deep concern about the Department of Homeland Security’s decision to create a new Disinformation Governance Board,’ he penned in a letter to DHS Secretary Alejandro Mayorkas.

‘I confess I at first thought this announcement was satire,’ he continued. ‘Surely no American Administration would ever use the power of Government to sit in judgment on the First Amendment speech of its own citizens.’

‘Sadly, I was mistaken.’

He then demanded that DHS provide more information on this new board, including how it will function and be monitored.

Hawley also questioned why the announcement was made just following billionaire Elon Musk’s acquisition of Twitter.

Biden rolls out his “Disinformation Board” with Hunter denier as its leader. 1984 is here. The Ministry of Truth is out to criminalize your thoughts. Paul Joseph Watson reports. Great commentary, but I had to remove the “Info Wars” shite! While I like their rants (Paul Watson, Mark Dice, and others) and these commentaries hold much truth in them, I do wish to caution you… he is part of Info Wars/Prison Planet and Summit News network of yahoos, a crazy conspiracy arm of Alex Jones shite. Also, I bet if I talked to him he would reveal some pretty-crazy conspiratorial beliefs that would naturally undermine and be at-odds-with some of his rants. Just to be clear, I do not endorse these people or orgs.


Dr. Drew ~ “Centralization”
(Medicine and Censorship)


A bit long, but worth a listen. But the key point is that when entities are “centrlized,” widespread abuse of the “stated goals” tends to follow — that is, helping humanity is distorted to impossible realms.

  • “One thing our Founding Fathers could not foresee…was a nation governed by professional politicians who had a vested interest in getting reelected. They probably envisioned a fellow serving a couple of hitches and then looking…forward to getting back to the farm.” — Ronald Reagan
  • The most terrifying words in the English language are: I’m from the government and I’m here to help. — Ronald Reagan
  • “Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.” — C.S. Lewis, God in the Dock.

Despite his vocal support of vaccines and science, this week YouTube deleted Dr. Drew’s #2 most-viewed show, put another strike on his channel & locked it for a week. Should “Big Tech” have the power to censor debates between doctors… and how can social platform moderators correctly identify “medical misinformation” unless they are doctors themselves?

Trudeau’s Rhetoric Very “Hitlerian” (Bill Maher)

Bill Maher’s libertarian side rightly notes the rhetoric (and actions) coming out of Canada as rooted in historical examples.

Here are some articles that warn the same:

  • Requiem for a Nation (PJ-MEDIA)
  • Trudeau Is Now an Authoritarian: The liberties guaranteed by the Canadian Constitution are now subject to his veto (AMERICAN SPECTATOR)
  • Canada’s Treatment of the Freedom Convoy Protesters Is a Warning to Americans (RED STATE)
  • Democracy Dies in Canada: Trudeau Government to Make Some of Their New Authoritarian Measures Permanent (PJ-MEDIA)

 

This Quarantine Is A Mockery Of A Sham (Elitist Democrats)

This quarantine is a “travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham.” They have no intention of abiding by the restrictions they impose on their citizens.

Beaches Equal Freedom! (In California)

Dennis Prager concentrates on our Governor thinking he has the right to halt California’s beauty and prosperity! For pseudo science. (This is the last portion of the first hour today, and the beginning of the second hour.) Not only that, but it is turning into a Constitutional battle!

  • Democrat Governor Gavin Newsom has lost the consent of the governed.A county in Northern California announced it will be reopening its schools, hair salons and restaurants on Friday. Modoc County, a small county of about 9,000 people located in northeastern California will be reopening because it has zero Coronavirus cases. Ned Coe, a cattle rancher and county supervisor said the mental health and economic health of his county is very important and after consulting with health officials, the Board of Supervisors voted to reopen…. (GATEWAY PUNDIT)
  • The Orange County Sheriff said his department’s intention “is to not take enforcement action on this order. But again, I haven’t seen it yet.” WATCH: ([Twitter]: https://tinyurl.com/ya8n4y99) Other California Sheriffs also announced they will not be enforcing Newsom’s unconstitutional order. “As Sheriff, I am the protector of constitutional rights in Humboldt County,” Sheriff William Honsal said, “and if an order is issued that I believe violates our constitutional rights, I will not enforce it.”…. (GATEWAY PUNDIT)

Socialism Always Lapses Into Authoritarianism

GAY PATRIOT posts this idea that Socialism and Authoritarianism Are Joined at the Hip:

In the Netherlands (a progressive democratic-socialist Eurotopian country in the Bernie Sanders model), the police are paying house calls to intimidate people who express the wrong ideas in social media.

Throughout the Netherlands, the police visits are part of campaign led by local authorities to address concerns related to social media at the communal level. A spokesperson from the municipality of Loon op Zand, which governs Kaatsheuvel, told DW that police in her municipality only rarely pay personal visits to social media users. If they do, she says, the goal is to clarify that user’s intentions and plans for real-world protests. A police spokesperson from the Oost-Nederland region added that similar programs in his region are intended to be proactive rather than reactive: Local authorities let social media users know in advance that they’re walking a fine line, and they also inform those users that they could face incitement charges if their calls for protests ultimately result in violence.

All Socialist countries will incline toward authoritarianism; this is because all Socialists are authoritarians in their bones….

Here is more about the type of “Tweets” that make the police come-a-callin:

In rare instances, Dutch police are knocking on social media users’ doors and asking them to be careful writing posts about refugees that could lead to real-life violence and, ultimately, to charges of online incitement.

One example is Mark Jongeneel, a small business owner in the small city of Sliedrecht who tweeted his reaction to asylum plans in his city:

Translation: “The college of Sliedrecht has a proposal to receive 250 refugees in the coming 2 years. What a bad plan! #letusresist”

Hours later, his mother (with whom he lives) contacted him to say local police had visited her house and were now on their way to his office.

“I asked them what the problem was. And they said, ‘Your tweets,'” Jongeneel told DW. “And they asked me to be careful about my Twitter behavior, because if there are riots, then I’m responsible.”….

(Breitbart and the Corner)

Later, FRONTPAGE MAG notes that Mark Jongeneel said:

I hope they’ve got some Stasi advisers to help them do it.

  • Mark Jongeneel says the increased attention has not changed his behavior online – nor will it. “Freedom of speech is very important, and I will not be silenced,” he said.

Here is an interesting story of censorship on Amazon via Breitbart:

Bowing to left-wing pressure, U.S. online retailer Amazon.com has taken down “wartime refugee” costumes for children on its Italian and German sites dw.com reports.

To British and American readers the move would seem to come at an odd time, but for Germans and Italians the upcoming season of Carnival is their chance to dress up.

The most interesting thing about the costumes in question are that they are obviously not meant to represent the continent’s current migrants, but Amazon has still removed them for fear of causing offence.

The boys’ costume consists of brown trousers, a white shirt, grey sleeveless jumper and a flat cap. It is something more reminiscent of wartime comedy Dad’s Army than the ongoing war in Syria. The girls costume is equally innocuous, being a long dress infinitely less flashy than anything worn by young girls today.

The costumes look old because they are based off of children from the first and second world war when both mothers and their children were often evacuated from cities targeted for bombing raids, and ended up in places less likely to be bombed like Wales or small rural towns….