1st Amendment

Neil Young All Of a Sudden Believes In Free Speech?

Published by Papa Giorgio

A year ago Joe Rogan said this:

This is a partial excerpt of an excellent article by NEWSBUSTERS…

I will reproduce the WaPo article that is behind a paywall following the Newsbusters piece:

…. Young eventually returned his music to Spotify. Time has been kind to some of Rogan’s “problematic” pandemic views.

Meanwhile, Young said nothing about the media’s misinformation campaign tied to COVID-19. Remember how the jab would prevent the recipient from getting the virus and spreading it?

What about the six-foot rule? [article below – JUMP] St. Anthony Fauci? The serial attacks on the lab leak theory?

Young stayed mum through it all, even though he was outraged by Rogan’s so-called lies.

It gets worse.

In recent years, Young has said nothing publicly while Cancel Culture ravaged the arts. “Sensitivity readers” sliced and diced novels by Ian Fleming, Roald Dahl and Agatha Christie. Comedians watched what they said for fear of career repercussions.

The Twitter Files scandal found a major tech platform silenced right-leaning Americans. Competing platforms booted a former President from their digital shelves.

The Biden administration, along with the disinformation czar dubbed “Scary Poppins,” vowed to censor more “misinformation” (like the Hunter Biden laptop story).

Where was Young during this crisis? Some free speech hero.

Now, Young is warning us that President Donald Trump might prevent him from touring stateside due to his negative comments about the 47th president.

“If I talk about Donald J. Trump, I may be one of those returning to America who is barred or put in jail to sleep on a cement floor with an aluminum blanket…That is happening all the time now.”

His proof? He has nothing save innuendo from a UK punk outfit who lobbed similar complaints without backing them up with facts.

Suddenly, Young cares about free speech again. That’s all well and good, but his silence during the Cancel Culture years and eagerness to shut down Rogan tell a different story.

He’s a fraud, a partisan who only pipes up when it suits his self-interests or political ideology. ….

Until just a few days ago saying some of these things could get you BANNED from Twitter, Facebook, or Youtube for spreading “COVID misinformation”—and now the experts are finally admitting many of the claims they originally dismissed as “conspiracy theories” were true all along.

In March of 2021, Rachel Maddow aired a segment about the COVID vaccines that was chock full of misinformation and outright deceptions, as the MSNBC host alleged that vaccines prevented both infection and transmission — statements that did not reflect the science at the time nor have they been borne out by subsequent research. Yet the segment remains viewable on social media platforms and Maddow faces ZERO consequences for perpetuating these blatant lies.

Jimmy shares his disgust with Maddow’s duplicity.

See the NEW YORK POST’S: 10 myths told by COVID experts — and now debunked

WASHINGTON POST (via ARCHIVE) June 2024

In The Pandemic, We Were Told To Keep 6 Feet Apart. There’s No Science To Support That.

In a congressional appearance, infectious-disease expert Anthony S. Fauci characterized the recommendation as “an empiric decision that wasn’t based on data.”

The nation’s top mental health official had spent months asking for evidence behind the Centers for Disease Control and Prevention’s social distancing guidelines, warning that keeping Americans physically apart during the coronavirus pandemic would harm patients, businesses, and overall health and wellness.

Now, Elinore McCance-Katz, the Trump administration’s assistant secretary for mental health and substance use, was urging the CDC to justify its recommendation that Americans stay six feet apart to avoid contracting covid-19 — or get rid of it.

“I very much hope that CDC will revisit this decision or at least tell us that there is more and stronger data to support this rule than what I have been able to find online,” McCance-Katz wrote in a June 2020 memo submitted to the CDC and other health agency leaders and obtained by The Washington Post. “If not, they should pull it back.”

The CDC would keep its six-foot social distance recommendation in place until August 2022, with some modifications as Americans got vaccinated against the virus and officials pushed to reopen schools. Now, congressional investigators are set Monday to press Anthony S. Fauci, the infectious-disease doctor who served as a key coronavirus adviser during the Trump and Biden administrations, on why the CDC’s recommendation was allowed to shape so much of American life for so long, particularly given Fauci and other officials’ recent acknowledgments that there was little science behind the six-foot rule after all.

“It sort of just appeared, that six feet is going to be the distance,” Fauci testified to Congress in a January closed-door hearing, according to a transcribed interview released Friday. Fauci characterized the recommendation as “an empiric decision that wasn’t based on data.”

Francis S. Collins, former director of the National Institutes of Health, also privately testified to Congress in January that he was not aware of evidence behind the social distancing recommendation, according to a transcript released in May.

Four years later, visible reminders of the six-foot rule remain with us, particularly in cities that rushed to adopt the CDC’s guidelines hoping to protect residents and keep businesses open. D.C. is dotted with signs in stores and schools — even on sidewalks or in government buildings — urging people to stand six feet apart.

Experts agree that social distancing saved lives, particularly early in the pandemic when Americans had no protections against a novel virus sickening millions of people. One recent paper published by the Brookings Institution, a nonpartisan think tank, concludes that behavior changes to avoid developing covid-19, followed later by vaccinations, prevented about 800,000 deaths. But that achievement came at enormous cost, the authors added, with inflexible strategies that weren’t driven by evidence.

“We never did the study about what works,” said Andrew Atkeson, a UCLA economist and co-author of the paper, lamenting the lack of evidence around the six-foot rule. He warned that persistent frustrations over social distancing and other measures might lead Americans to ignore public health advice during the next crisis.

The U.S. distancing measure was particularly stringent, as other countries adopted shorter distances; the World Health Organization set a distance of one meter, or slightly more than three feet, which experts concluded was roughly as effective as the six-foot mark at deterring infections, and would have allowed schools to reopen more rapidly.

The six-foot rule was “probably the single most costly intervention the CDC recommended that was consistently applied throughout the pandemic,” Scott Gottlieb, former Food and Drug Administration commissioner, wrote in his book about the pandemic, “Uncontrolled Spread.”

It’s still not clear who at the CDC settled on the six-foot distance; the agency has repeatedly declined to specify the authors of the guidance, which resembled its recommendations on how to avoid contracting the flu. A CDC spokesperson credited a team of experts, who drew from research such as a 1955 study on respiratory droplets. In his book, Gottlieb wrote that the Trump White House pushed back on the CDC’s initial recommendation of 10 feet of social distance, saying it would be too difficult to implement.

Perhaps the rule’s biggest impact was on children, despite ample evidence they were at relatively low risk of covid-related complications. Many schools were unable to accommodate six feet of space between students’ desks and forced to rely on virtual education for more than a year, said Joseph Allen, a Harvard University expert in environmental health, who called in 2020 for schools to adopt three feet of social distance.

“The six-foot rule was really an error that had been propagated for several decades, based on a misunderstanding of how particles traveled through indoor spaces,” Allen said, adding that health experts often wrongly focused on avoiding droplets from infected people rather than improving ventilation and filtration inside buildings.

Social distancing had champions before the pandemic. Bush administration officials, working on plans to fight bioterrorism, concluded that social distancing could save lives in a health crisis and renewed their calls as the coronavirus approached. The idea also took hold when public health experts initially believed that the coronavirus was often transmitted by droplets expelled by infected people, which could land several feet away; the CDC later acknowledged the virus was airborne and people could be exposed just by sharing the same air in a room, even if they were farther than six feet apart.

“There was no magic around six feet,” Robert R. Redfield, who served as CDC director during the Trump administration, told a congressional committee in March 2022. “It’s just historically that’s what was used for other respiratory pathogens. So that really became the first piece” of a strategy to protect Americans in the early days of the virus, he said.

It also became the standard that states and businesses adopted, with swift pressure on holdouts. Lawmakers and workers urged meat processing plants, delivery companies and other essential businesses to adopt the CDC’s social distancing recommendations as their employees continued reporting to work during the pandemic.

Some business leaders weren’t sure the measures made sense. Jeff Bezos, founder of online retail giant Amazon, petitioned the White House in March 2020 to consider revising the six-foot recommendation, said Adam Boehler, then a senior Trump administration official helping with the coronavirus response. At the time, Amazon was facing questions about a rising number of infections in its warehouses, and Democratic senators were urging the company to adopt social distancing.

“Bezos called me and asked, is there any real science behind this rule?” Boehler said, adding that Bezos pushed on whether Amazon could adopt an alternative distance if workers were masked, physically separated by dividers or other precautions were taken. “He said … it’s the backbone of trying to keep America running here, and when you separate somebody five feet versus six feet, it’s a big difference,” Boehler recalled. Bezos owns The Washington Post.

Kelly Nantel, an Amazon spokesperson, confirmed that Bezos called Boehler and said the Amazon founder’s focus was the discrepancy between the U.S. recommendation and the WHO’s shorter distance. The company soon said it would follow the CDC’s six-foot social distancing guidelines in its warehouses and later developed technologies to try to enforce those guidelines. “We did it globally everywhere because it was the right thing to do,” Nantel said.

Boehler said he spoke with Redfield and Fauci about testing alternatives to the six-foot recommendation but that he was not aware of what happened to those tests or what they found. Fauci declined to comment. Redfield did not respond to requests for comment.

But challenging the six-foot recommendation, particularly in the pandemic’s early days, was seen as politically difficult. Rochelle Walensky, then chief of infectious disease at Massachusetts General Hospital, argued in a July 2020 email that “if people are masked it is quite safe and much more practical to be at 3 feet” in many school settings.

Five months later, incoming president Joe Biden would tap Walensky as his CDC director. Walensky swiftly endorsed the six-foot distance before working to loosen it, announcing in March 2021 that elementary school students could sit three feet apart if they were masked. Walensky declined to comment.

The most persistent government critic of the social distancing guidelines may have been McCance-Katz, who did not respond to requests for comment for this article. Trump’s mental health chief had spent several years clashing with other Department of Health and Human Services officials on various matters and had few internal defenders by the time the pandemic arrived, hampering her message. But while her pleas failed to move the CDC, her warnings about the risks to mental health found an audience with Trump and his allies, who blamed federal bureaucrats for the six-foot rule and other measures.

“What is this nonsense that somehow it’s unsafe to return to school?” McCance-Katz said in September 2020 on an HHS podcast, lamenting the broader shutdown of American life. “I do think that Americans are smart people, and I think that they need to start asking questions about why is it this way.”

“Mr Bean” Defends Free Speech (plus: David Barton)

Published by Papa Giorgio

Another Voice Rises In The Name Of Free Speech
Rowan ‘Mr Bean’ Atkinson

Here is the bit he was talking about in the above video:

Rowan Atkinson: Racist Constable (Policeman)
ot The Nine O’Clock News Election Special S03E02

On a similar note, JUST THE NEWS has this story about a police commissioner in the U.K. wanting to extradite Americans for “hate speech”

U.K. police chief Mark Rowley suggested he is willing to arrest U.S. citizen Elon Musk because Musk highlighted extreme violence and riots by Muslim gangs in England.

The British Met Police Commissioner pledged that “whether you’re in this country committing crimes on the streets or committing crimes from further afield online, we will come after you,” The Daily Wire reported.

Rowley made his controversial comments during U.K. protests and riots “in response to the killing of three young girls during a mass-stabbing attack that left several more injured.”

When asked about “high profile figures” like Elon Musk who were allegedly “whipping up the hatred,” Rowley responded that “being a keyboard warrior does not make you safe from the law.” …..

See more here:

Here are two grabs from TWIX:

With these excellent responses – I took liberty with the “flag surrounded “X”, the original “X” – or – “Tweet”… Twi-X is linked in it:

LINKED

The First Amendment: American Masterclass with Historian David Barton
Louder With Crowder

Historian David Barton sets the record straight and answers some of the most frequently asked questions about the First Amendment.

Free Speech Battles | California DEI Totalitarianism

Published by Papa Giorgio

Just as an aside, Leftists and Democrats are the ones pushing “institutional racism,” as the below notes. Also note, I use “totalitarianism” in the sense of “total thought.” Which is a forced “homogenization” of thought… or, state instituted/forced “total thought.”

UPDATED VIDEO

This is an interview by Lex Fridman of Greg Lukianoff of F.I.R.E. (Foundation for Individual Rights and Expression). The entire interview, “Greg Lukianoff: Cancel Culture, Deplatforming, Censorship & Free Speech | Lex Fridman Podcast #397,” can be seen HERE (I grab from around the 1:10:50 mark). There are a few universities/colleges involved in legal action in California, but The Renegade Institute for Liberty at Bakersfield College is one this is made for.

DEI stands for “diversity, equity, and inclusion” — all of which sounds fine, right? But materials put out by the state of California show that in this case, DEI translates to highly contested and controversial views. The state’s definitions say that the idea of “color blindness” “perpetuates… racial inequities,” and even the idea of “merit,” is “embedded in the ideology of Whiteness” and “upholds race-based structural inequality.” FIRE has filed a lawsuit on behalf of six California community college professors to halt new, systemwide regulations forcing professors to espouse and teach these politicized conceptions of “diversity, equity, and inclusion.” The regulations are now in effect in the State Center Community College District, and FIRE’s clients have already been forced to change their syllabi and teaching materials, lest they face repercussions. (More info on the lawsuit @FIRE)

Here is an article from THE SAN FRANCISCO CHRONICLE that is worth reading in it’s entirety. It is titled: “First Amendment lawsuits challenge state’s DEI rules for community colleges” If you encounter a paywall, grab the URL from the link and put it into this “hopper: REMOVE PAYWALL.

California’s new community college rules sound simple enough: As of this year, all instructors must teach in a way that is culturally inclusive and must prove during employee evaluations that they respect and acknowledge students and colleagues of diverse backgrounds.

But what if an instructor holds so-called color-blind [more on this idea after article excerpt] views and prefers to ignore people’s race, ethnicity, gender or other physical and cultural characteristics as a personal philosophy? Or if an instructor disagrees entirely with the “anti-racism” and “diversity, equity, inclusion and accessibility lens” that state’s college officials now require?

Seven instructors from four community colleges in the Central Valley are now testing that cultural collision on constitutional grounds, saying their views could get them fired under the new rules. With the backing of national advocacy groups, the instructors are suing state and local college officials in federal court to have the regulations tossed.

The suits echo another federal lawsuit, filed in May against the University of California, in which a psychology professor hoping to work at UC Santa Cruz ran up against a UC requirement that applicants submit a statement supporting “diversity, equity and inclusion.” The applicant likened it to a “modern-day loyalty oath” of the kind discredited in the 1950s, when those who wouldn’t sign might be labeled communist subversives.

[….]

Another group, the Institute for Free Speech, filed a similar lawsuit on July 6 on behalf of Daymon Johnson, a history instructor at Bakersfield College in Kern County.

“Almost everything Professor Johnson teaches violates the new DEIA (Diversity, Equity, Inclusion and Accessibility) requirements — not just by failing to advance the DEIA and anti-racist ideologies, but also by criticizing them,” the suit says, noting that compliance with the new rules would violate the instructor’s conscience and force him to surrender his academic freedom.

SEE MORE AT THE INSTITUTE FOR FREE SPEECH’S BLOG:

RPT is asking people to donate HERE.

In his U.S. History class this fall, for example, Johnson plans to have students read two books claiming to debunk the historian Howard Zinn’s work, which reveals less flattering versions of the American story, and the well-known 1619 Project, which digs deeply into the foundations of slavery.

His lawsuit contains a long list of things that the instructor “does not wish” to do. These include referring to transgender students by their preferred pronouns, acknowledging that social identities are diverse, and demonstrating “DEI and anti-racism practices” because he “rejects and even finds (them) abhorrent.”

Johnson is also a leader of the Renegade Institute for Liberty, a Bakersfield College group that opposes “political and ideological tyranny.” Its acronym is RIFL.

The suit claims that Johnson is already in the crosshairs of the college administration for his views and quotes a Kern college district trustee saying, in reference to employees holding anti-DEIA views: “They’re in that 5% that we have to continue to cull. Got them in my livestock operation and that’s why we put a rope on some of them and take them to the slaughterhouse.”

The Kern trustees did not immediately respond to a request for comment. 

The suit says that Bakersfield College already fired another instructor, who was Johnson’s predecessor at RIFL, and calls him “the first cullee.”

According to the suit, the person who oversaw the firing was the Kern district’s former chancellor, Sonya Christian, who has just become the chancellor of the California community colleges. With 116 schools and more than 2 million students enrolling each year, it’s the nation’s largest higher education system.  

On Friday afternoon, state Attorney General Rob Bonta’s office filed a response to Johnson’s suit on behalf of Christian, arguing that the instructor has not only failed to show that he’s been harmed by the rules, but because of that, he also lacks standing to complain about them. 

The response defends the diversity regulations and says the rules “do not restrict the free speech of any employee,” nor do they infringe on anyone’s academic freedom, “including Johnson’s.”

The system’s Board of Governors has the right to establish policies that “reflect its ideals and principles regarding diversity, equity, inclusion, and accessibility,” the state argues. 

A spokesperson for Christian said the college system has not yet responded in court to the more recent lawsuit and would not comment on it.  

The new regulations require all 73 college districts to develop policies for evaluating employee performance and tenure eligibility in light of their “DEIA competencies.”

The rules follow a series of other DEIA guidance and messages from the chancellor’s office in recent years, and say that to ensure academic success, “diversity, equity, inclusion, and accessibility (DEIA) and anti-racism remain at the heart of our work.”

The college system also posts a glossary of DEIA terms, which defines color blindness as a “racial ideology” that ignores “a large part of one’s identity and lived experience” and therefore “perpetuates existing racial inequities.”….

COLOR BLIND

Dennis Prager discusses a call about a gentleman disagreeing with his statement that he doesn’t see color, and others shouldn’t as well. After the discussion of the previous call, I include the call as well as the lead up to it.

MORE!

  • LINK to a Facebook video: Dennis Reacts: “I See No Color” Is Racist?” (FACEBOOK)

The Issue Is Values, Not Systemic Racism

Do you let your race, gender, or orientation define you? If you are on the left, everything is perceived through the lens of identity politics. Systemic racism is not the real issue plaguing America—it is our opposing values system. Dennis Prager offers some refreshing insight into how to heal our broken nation.

Should We Be Colorblind?

Nothing reveals the moral confusion of our time more than those who label the term “colorblind” racist. Who would want to see themselves in terms of their skin color? And what does a person’s skin color really say about who they are — their likes, dislikes, values, and so on?

Prager Notes The Left’s Proclivity Towards Racism

A girl is legally kidnapped in Santa Clarita by state authorities. The Left’s dogged emphasis on race, class, gender is destroying families, keeping them in poverty, and utterly failing our country’s motto, “out of many, one.” The Left has dumped out the melting pot and keeps us as divided as ever. This story is maddening!

Here is the what the main battle is over: “A battle over custody of a little girl who is 1/64th Choctaw has been in and out of the courts for three years now, and returns on Friday with a new appeal hearing” (ABC-7).

  • “Is it one drop of blood that triggers all these extraordinary rights?” — Justice Roberts

Keep in mind the racial science of NAZI Germany were concerned with a 1/16th racial mix… here we see the racial sciences of the Choctaw Nation and the State of California concerned over a 1/64th portion of heritage. Sick! Racist! Leftism!

  • In 1911, Arkansas passed Act 320 (House Bill 79), also known as the “one-drop rule.” This law had two goals: it made interracial “cohabitation” a felony, and it defined as “Negro” anyone “who has…any negro blood whatever,” thus relegating to second-class citizenship anyone accused of having any African ancestry. Although the law had features unique to Arkansas, it largely reflected nationwide trends. (source)

ONE DROP RULE

More from the LOS ANGELES DAILY NEWS Opinion Page:

Five hundred years ago, the Incas sacrificed children.

They removed children as young as six from their families, transported them with great ceremony to a mountain location, and left them to die of exposure.

Did they have the moral right to do it?

Some people think so. “To their credit,” wrote Kim MacQuarrie, an Emmy-winning documentary filmmaker, anthropologist and author, “the Incas did their best to ensure the survival of their people and empire by paying close attention to nature and doing their best to use every means at their disposal, including human sacrifice, to gain control over it.”

There’s something seriously wrong with any kind of reasoning that places human sacrifice in the category of “doing their best.”

SEE MY: “Mayan, Incan and Aztec “Terrorism“

And there is something seriously wrong with what happened in Santa Clarita this week to a 6-year-old girl named Lexi and the foster family that has cared for her since she was 2.

Rusty and Summer Page tried for years to adopt Lexi but were blocked from doing so. The reason? The little girl has a tiny bit of Choctaw ancestry — just 1.5 percent — and under federal law the Choctaw Nation can decide her fate. The tribal authorities decided that Lexi will live in Utah with distant relatives. They issued this statement:

“The Choctaw Nation desires the best for this Choctaw child. The tribe’s values of faith, family and culture are what makes our tribal identity so important to us. Therefore we will continue to work to maintain these values and work toward the long-term best interest of this child.”

This is not human sacrifice, but it is closely related. It is collectivism, the opposite of individual rights.

Collectivism holds that an individual’s life belongs not to the individual, but to the group in which the individual is a member. Where other children would have the right to have a parent or guardian make decisions for them, Lexi’s future has been decided by group leaders seeking to preserve “tribal identity.”

On Monday, in a most disturbing scene, the 6-year-old was pulled weeping and frightened from the arms of her foster father on the driveway of the only stable home she has ever known.

Lexi is not the only child to be victimized by the enforcement of a federal law that, ironically, was intended to prevent children from being removed from their families.

In Arizona, a foster family’s adoption of a baby girl, who was placed with them at birth, is being blocked by the Gila River Indian Community, and the Navajo Nation is standing in the way of foster parents seeking to adopt a 5-year-old boy who has lived with them for four years.

The Goldwater Institute, a conservative think tank based in Phoenix, has filed a lawsuit on behalf of these children and “others similarly situated” over this “separate and unequal treatment.”

The lawsuit argues that children of Native American ancestry are being unfairly denied their civil rights: “Alone among American children, their adoption and foster care placements are determined not in accord with their best interests but by their ethnicity, as a result of a well-intentioned but profoundly flawed and unconstitutional federal law, the Indian Child Welfare Act.”

The Indian Child Welfare Act was passed in 1978 in reaction to another government program, the Indian Adoption Project, which began in 1958 and continued until 1967.

The Indian Adoption Project was the result of an agreement between the Bureau of Indian Affairs and the Child Welfare League of America. It encouraged the removal of Indian children from their families on reservations so they could be adopted and “assimilate” into “mainstream society.” By the 1970s, between 25 and 35 percent of all Indian children nationwide had been removed from their homes, and 90 percent had been adopted by white families.

Outrage over the Indian Adoption Project led to the Indian Child Welfare Act. It requires social workers to make an extra effort to avoid removing Indian children from troubled homes, a greater effort than they would make for non-Indian children. When foster care or adoption becomes necessary, the law requires an active effort to place the child with an Indian family.

The Goldwater Institute says these requirements are discriminatory and harmful, making it harder to protect Indian children from abuse and neglect, and forcing longer waits for permanent homes.

The foster care system has many challenges and many heartbreaking stories. We don’t need laws that cause more pain. The Indian Child Welfare Act should go. Give the kids a break.

Susan Shelley is a San Fernando Valley author, a former television associate producer and twice a Republican candidate for the California Assembly.

The parents of a six-year-old girl taken from her family due to her Native American heritage speak out in a statement after officials from the Los Angeles County Department of Child and Family Services took their daughter, Lexi, away. Read more at SCV-NEWS.

George Will gets it right over at WA-PO:

Opinion | The Brutal Racial Politics Of The Indian Child Welfare Act

Lexi lived four of her first six years with a non-Native American California foster family, but because she is 1/64th Choctaw, tribal officials got her taken from the Californians and sent to live in Utah with a distant relative. On Friday, the Supreme Court will consider whether to hear a challenge to the law that made this possible — the Indian Child Welfare Act, which endangers many young Native Americans. It also is a repudiation of the nation’s premise that rights are inherent in individuals, not groups.

In 1978, before “Native Americans” became the preferred designation for Indians, but when racial “identity” was beginning to become the toxic political concept it now is, Congress enhanced tribal rights. This violated, among other principles, those of federalism: Congress thereby reduced the right of states to enforce laws on child welfare. And it plunged government deeper into making distinctions solely on the basis of biological descent.

The ICWA, an early bow toward multiculturalism, buttressed tribal identities by strengthening tribal rights. For example, tribes can partially nullify states’ powers to intervene against tribal parents’ abuse endangering children. And the ICWA conferred rights on tribes, rights adjudicated in tribal courts, including the right to require Native American children be adopted by Native Americans.

Equal protection of the laws? Not under ICWA.

Chief Justice John G. Roberts Jr. has asked, “Is it one drop of blood that triggers all these extraordinary rights?” Indeed, the primitive concept of racial “blood,” recast as DNA, triggers tribal rights and extinguishes a state’s right to protect many children’s rights. Sometimes with dire consequences.

In 2015, this column acquainted readers with Declan Stewart and Laurynn Whiteshield. Declan was 5 in 2007 when he was beaten to death by his mother’s live-in boyfriend. Oklahoma had removed him from his mother’s custody after he suffered a fractured skull and severe bruising between his testicles and rectum. But when the Cherokee Nation objected to his removal, Oklahoma, knowing that the ICWA favors tribal rights, relented. Beaten again, he died a month after returning to his mother.

From the age of 9 months until almost 3, Laurynn was in a North Dakota minister’s foster care. When the minister tried to adopt her, the Spirit Lake Sioux tribe invoked the ICWA, and Laurynn was sent to a reservation and the custody of her grandfather. Less than six weeks later she was dead, having been thrown down an embankment by the grandfather’s wife, who had a record of child abuse.

The ICWA requires that “Indian children” be placed with “Indian” foster families. Because the ICWA allows a child to be yanked from a non-Indian foster home — and from possible adoption — it discourages non-Native American adults from providing care, including early infant attachment, which is a foundation of healthy child development.

Born with fetal alcohol syndrome, Antonio Renova was 3 days old when he was taken from his biological parents, members of the Crow tribe, and put in foster care. Five years later, the biological parents, both on probation following felony convictions (the mother’s included child endangerment), obtained custody of Antonio through a Crow tribal court. He suffered beatings by his parents, who have been charged in his death.

Antonio was a casualty of the ICWA’s form of identity politics — the allocation of legal status and group entitlements based on biology. The ICWA has insinuated into law a “separate but equal” test regarding Native American children in jeopardy. It demotes “the best interests of the child” from the top priority; it makes a child’s relationship with a tribe supremely important.

The nation has abundant reasons to regret its mistreatment of Native Americans, and the ICWA was perhaps motivated by an impulse to show respect for Indigenous cultures. But the cost, in broken bodies and broken constitutional principles, has been exorbitant.

Today, the nation is reverting — in the name of “social justice” and “equity” understood as improved social outcomes for government-favored groups — to a retrograde emphasis on racial identities. So, the ICWA’s sacrifice of individual rights to group entitlements probably has a diminished power to shock. Come Friday, however, the Supreme Court should be shocked into hearing the arguments against the federal government usurpation, through the ICWA, of the states’ responsibility for protecting children in jeopardy, regardless of their biological ancestry.

How Feds ‘Skirted’ Constitution to Censor Content Online

Published by Papa Giorgio

See my previous post on this topic:

REASON-TV

These two shorter video clips are taken from a longer conversation with Stanford’s Jay Bhattacharya and New Civil Liberties Alliance senior counsel John Vechionne.

By focusing their sights on government actors instead of private companies under their boot, the Missouri v. Biden plaintiffs have chosen exactly the right target.

YouTube removed this March 2021 roundtable organized by Florida governor Ron DeSantis because of the views Bhattacharya and others expressed about masking children in school. Was this part of an illegal censorship campaign, as a lawsuit in federal court alleges?

JOHN SOLOMON

(Oct 1, 2022) “Anyone who’s concerned about free speech… this ought to scare you.” John Solomon joins Dr. Gina with his report on a private group that worked with the government to submit requests for censorship online during the 2020 election AND THEY’RE DOING IT AGAIN!

WALL STREET JOURNAL

The WALL STREET JOURNAL writes about the ruling as well:

  • 5th Circuit finds Biden White House, CDC likely violated First Amendment — The three judge panel found that contacts with tech companies by officials from the White House, the surgeon general’s office, the CDC and the FBI likely amounted to coercion

The U.S. Court of Appeals for the 5th Circuit on Friday ruled that the Biden White House, top government health officials and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on the coronavirus and elections.

The decision, written unanimously by three judges nominated by Republican presidents, was likely to be seen as victory for conservatives who have long argued that social media platforms’ content moderation efforts restrict their free speech rights. But some advocates also said the ruling was an improvement over a temporary injunction U.S. District Judge Terry A. Doughty issued July 4.

David Greene, an attorney with the Electronic Frontier Foundation, said the new injunction was “a thousand times better” than what Doughty, an appointee of former president Trump, had ordered originally.

Doughty’s decision had affected a wide range of government departments and agencies, and imposed 10 specific prohibitions on government officials. The appeals court threw out nine of those and modified the 10th to limit it to efforts to “coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech.”
The 5th Circuit panel also limited the government institutions affected by its ruling to the White House, the surgeon general’s office, the Centers for Disease Control and Prevention and the FBI. It removed restrictions Doughty had imposed on the departments of State, Homeland Security and Health and Human Services and on agencies including the U.S. Census Bureau, the National Institute of Allergy and Infectious Diseases, and the Cybersecurity and Infrastructure Security Agency. The 5th Circuit found that those agencies had not coerced the social media companies to moderate their sites.

Read the 5th Circuit’s ruling

The judges wrote that the White House likely “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” They also found the White House “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”

A White House spokesperson said in a statement that the Justice Department was “reviewing” the decision and evaluating its options.
“This Administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections,” the White House official said. “Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present.”

The decision, by Judges Edith Brown Clement, Don R. Willett and Jennifer Walker Elrod, is likely to have a wide-ranging impact on how the federal government communicates with the public and the social media companies about key public health issues and the 2024 election.

The case is the most successful salvo to date in a growing conservative legal and political effort to limit coordination between the federal government and tech platforms. This case and recent probes in the Republican-controlled House of Representatives have accused government officials of actively colluding with platforms to influence public discourse, in an evolution of long-running allegations that liberal employees inside tech companies favor Democrats when making decisions about what posts are removed or limited online.

The appeals court judges found that pressure from the White House and the CDC affected how social media platforms handled posts about covid-19 in 2021, as the Biden administration sought to encourage the public to obtain vaccinations.

The judges detail multiple emails and statements from White House officials that they say show escalating threats and pressure on the social media companies to address covid misinformation. The judges say that the officials “were not shy in their requests,” calling for posts to be removed “ASAP” and appearing “persistent and angry.” The judges detailed a particularly contentious period in July of 2021, which reached a boiling point when President Biden accused Facebook of “killing people.”

“We find, like the district court, that the officials’ communications — reading them in ‘context, not in isolation’ — were on-the-whole intimidating,” the judges wrote.
The judges also zeroed in on the FBI’s communications with tech platforms in the run-up to the 2020 elections, which included regular meetings with the tech companies. The judges wrote that the FBI’s activities were “not limited to purely foreign threats,” citing instances where the law enforcement agency “targeted” posts that originated inside the United States, including some that stated incorrect poll hours or mail-in voting procedures.

The judges said in their rulings that the platforms changed their policies based on the FBI briefings, citing updates to their terms of service about handling of hacked materials, following warnings of state-sponsored “hack and dump” operations.

[….]

The 5th Circuit ruling reversed Doughty’s order specifically enjoining the actions of leaders at DHS, HHS and other agencies, saying many of those individuals “were permissibly exercising government speech.”

“That distinction is important because the state-action doctrine is vitally important to our Nation’s operation — by distinguishing between the state and the People, it promotes ‘a robust sphere of individual liberty,’” the 5th Circuit judges wrote.

Yet Friday’s order still applies to a wide range of individuals working across the government, specifically naming 14 White House officials, including five who are no longer in office. The order specifically names Surgeon General Vivek H. Murthy and another member of his office, three CDC staffers and two FBI officials, including the head of the foreign influence task force and the lead agent of its cyber investigative task force in San Francisco.

White House press secretary Karine Jean-Pierre is among the White House officials named.

Stanford Law School professor Daphne Keller said the 5th Circuit’s ruling appeared to allow “a lot of normal communications as long as they are not threatening or taking over control of platforms’ content decisions.”

“But it also says they can’t ‘significantly encourage’ platforms to remove lawful content, so the real question is what that means,” she said.

Friday’s decision came in response to a lawsuit brought by Republican attorneys general in Louisiana and Missouri who allege that government officials violated the First Amendment in their efforts to encourage social media companies to address posts that they worried could contribute to vaccine hesitancy during the pandemic or upend elections.

Missouri Attorney General Andrew Bailey celebrated the decision as a victory in a statement.

“The first brick was laid in the wall of separation between tech and state on July 4,” he said. “Today’s ruling is yet another brick.”

ACLJ: WILL END UP IN FRONT OF THE SUPES

ACLJ make the point that it will end up in front of SCOTUS.

We’re celebrating a massive free speech victory as the Fifth Circuit Court of Appeals upheld the ruling that President Joe Biden cannot censor conservatives on social media. We also give an update on our newest legal battle on behalf of Charlie Kirk and Turning Point USA against digital censorship. We must not allow the Biden Administration to interfere in future elections as it did with President Donald Trump in the 2020 presidential election by censoring the Hunter Biden laptop story. 

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

Published by Papa Giorgio

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 here, here 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…..

 

Hawley Rips Judicial Nominee For Trying To Shut Down Churches

Published by Papa Giorgio

Loren L. AliKhan: Nominee for the District of Columbia Court of Appeals

HAWLEY: “Do you think it’s wrong to discriminate on the basis of religious faith?”

ALIKHAN: “Absolutely.”

HAWLEY: “Then why did you argue that religious services and religious people pose a greater risk of infection than people gathered to argue for defunding the police?”

“And for this reason I will NOT support your nomination!” Senator Josh Hawley grilled this Biden nominee during today’s Senate Judiciary Committee hearing.

FBI Shows “Utter Contempt For The American People” | Turley

Published by Papa Giorgio

Jonathan Turley says the FBI response to the latest Twitter Files revelations shows ‘utter contempt for the American people’

  • FBI’s Response to the Twitter Files Does Not Dispute Any Factual Allegation, But Slanders Any American Discussing These Facts and Faulting Their Eager Involvement in Censorship As “Conspiracy Theorists” — ACE

DAMNING! Biggest First Amendment Violation In Modern History

Published by Papa Giorgio

》》MORE TO COME! 《《 

TUCKER CARLSON

DAILY CALLER notes about the above:

Fox News host Tucker Carlson said Friday that documents released by Elon Musk and journalist Matt Taibbi detail a massive “systemic violation” of the First Amendment.

“One of the most extraordinary moments in the history of social media is unfolding right now as we speak. It began when Elon Musk took control of Twitter. When he bought the company, he promised to reveal its corruption, the extent to which Twitter engaged in politically motivated censorship, including the unlawful illegal censorship of American citizens at the direction of the U.S. government.”

Musk released the documents to journalist Matt Taibbi, who posted a lengthy thread on Twitter. The documents reportedly detail how company executives made moderation decisions and accommodated requests from the Biden campaign.

“Well, tonight, less than an hour ago, Musk began to make good on that promise. Twitter shared a trove of internal documents with Matt Taibbi of Substack, these documents are coming out as we speak and what they prove is very serious,” Carlson said. “Those documents show a systematic violation of the First Amendment, the largest example of that in modern history.”……

I must note that there was a single Democrat that expressed Constitutional concerns about the government asking for the censoring of social media posts. I felt compelled to write a letter to Rep. Ro Khanna:

RPT’S LETTER TO REP. RO KHANNA

Dear Representative Khanna,

I rarely write to my congressman let alone a Rep. from elsewhere in our fine nation. And why would a conservative Evangelical write to a Democrat Representative at all – except to bludgeon him (or her) with fodder.

Well.

After reading the Twitter thread by Matt Taibbi as well as stories from my “daily habit” of sites…. You left me no choice but to express my deepest respect to you and your team for being concerned with our (yes, our) Constitutional declarations of our God given rights.

Bravo.

If you were in front of me I would give you a hug.

Blessings to you and yours as we all enter this Christmas season. I will add you and your family to my prayer routine.

Forever In My Mind,

Sean G, MATS (Bio: religiopoliticaltalk . com/ bio-from-felon-to-seminary-grad/ )

  • The man who does not read good books is no better than the man who can’t ~ Mark Twain (or, “Abigail Van Buren”)
  • Don’t ever take a fence down until you know the reason it was put up ~ G.K. Chesterton
  • Do you realize if it weren’t for Edison we’d be watching TV by candlelight ~ Al Boliska.

NEWSBUSTERS

Tucker Carlson mentioned that the truth would have [possibly] changed the 2020 Presidential election outcome. NEWSBUSTERS actually polled Democrat voters on this:

■ Burying Biden’s Bad News: The media’s censorship of Biden’s scandals had the strongest impact on this year’s election. According to our survey, more than one-third of Biden voters (35.4%) were unaware of the serious allegations brought against the Democratic nominee by Tara Reade, a former staffer who said Biden sexually assaulted her in the 1990s.

If they had known about Tara Reade’s sexual assault allegations, 8.9% told us they would have changed their vote — either switching to Trump or a 3rd party candidate, not voting for any presidential candidate, or not voting at all. By itself, this would have flipped all six of the swing states won by Biden (Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin), giving the President a win with 311 electoral college votes.

Even more Biden voters (45.1%) said they were unaware of the financial scandal enveloping Biden and his son, Hunter (a story infamously censored by Twitter and Facebook, as well as ignored by the liberal media). According to our poll, full awareness of the Hunter Biden scandal would have led 9.4% of Biden voters to abandon the Democratic candidate, flipping all six of the swing states he won to Trump, giving the President 311 electoral votes.

The ticket’s left-wing ideology was another issue barely mentioned by the national press. A GovTrack analysis found Biden’s running mate, California Senator Kamala Harris, had the most left-wing record of any Senator in 2019 (even more than self-described socialist Bernie Sanders). Our poll found that 25.3% of Biden voters said they didn’t know about Senator Harris’s left-wing ideology. If voters had the complete story, it would have led 4.1% of Biden voters to change their vote, flipping Arizona, Georgia, Nevada, Pennsylvania and Wisconsin to Trump. The result would have been a Trump victory, with 295 electoral college votes…..

NEWSBUSTERS has more of the most recent government censoring.

LAURA INGRAHAM

FLASHBACK w/ Larry Elder

2020 ELECTION

2008 ELECTION

Tulsi Gabbard Discusses Religious Liberty with Jay Sekulow

Published by Papa Giorgio

Tulsi Gabbard opens up about the importance of her faith and how the Democratic party has come to resent religion. The former Hawaii Congresswoman shares how her personal relationship with God grounded her on the presidential campaign trail while opening her eyes to the growing hostility from inside the party towards people of faith. Tulsi is joined by Chief Counsel of the American Center for Law & Justice (ACLJ), Jay Sekulow to discuss his career defending religious liberty and the ongoing battles that threaten this essential freedom.

Another 1st Amendment Case Headed to the Upper Court

Published by Papa Giorgio

Missouri Attorney General Eric Schmitt discusses his lawsuit against the Biden administration for colluding with Big Tech on ‘Tucker Carlson Tonight.’

LEGAL INSURRECTION (hat-tip to POWERLINE) has more. I will use their points they noted:

  • Judge: States Will Get ‘Expedited Discovery’ On Biden Admin Collusion With Big Tech To Censor Conservatives

2. A private entity violates the First Amendment “if the government coerces or induces it to take action the government itself would not be permitted to do, such as censor expression of a lawful viewpoint.” Biden v. Knight First Amendment Institute at Columbia Univ., 141 S. Ct. 1220, 1226 (2021) (Thomas, J., concurring). “The government cannot accomplish through threats of adverse government action what the Constitution prohibits it from doing directly.” Id.

3. That is exactly what has occurred over the past several years, beginning with express and implied threats from government officials and culminating in the Biden Administration’s open and explicit censorship programs. Having threatened and cajoled social-media platforms for years to censor viewpoints and speakers disfavored by the Left, senior government officials in the Executive Branch have moved into a phase of open collusion with social-media companies to suppress disfavored speakers, viewpoints, and content on social-media platforms under the Orwellian guise of halting so-called “disinformation,” “misinformation,” and “malinformation.”

* * *

6. As a direct result of these actions, there has been an unprecedented rise of censorship and suppression of free speech—including core political speech—on social-media platforms. Not just fringe views, but perfectly legitimate, responsible viewpoints and speakers have been unlawfully and unconstitutionally silenced in the modern public square. These actions gravely threaten the fundamental right of free speech and free discourse for virtually all citizens in Missouri, Louisiana, and America, both on social media and elsewhere.

Biden Admin: Green “Transition” Must Be Censored On Social Media

Published by Papa Giorgio

Censorship is the only way for the Democrats to try and win. President Joe Biden advisor Gina McCarthy said content critical of the green “transition” must be censored on social media, during a segment on Axios’ “The Infodemic Age” on 6/9/2022. Be sure to like, subscribe, and comment below to share your thoughts on the video.