Justin Hart

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…..

 

Natural Immunity Better than Vaccinations (#Science)

Published by Papa Giorgio

TEASER

FYI, the following Tweets lead back to this [published] August 12th, 2021 study, “Neutralization Of VOCS Including Delta One Year Post Covid-19 Or Vaccine“ (here is the PDF). Before posting the graphics, what this means to me is that [especially] young people should be allowed to make the choice to become immune naturally. By forcing vaccinations through private sector jobs, state government and federal government jobs, they (those imposing forced vaccinations) are prolonging this virus… all by thinking they are curing it.

SHORT VERSION:

LONGER VERSION:

(Click to Enlarge)

BONUS

Hospitals Overwhelmed (Bonus: Florida Follies)

Published by Papa Giorgio

Here is the TWITER THREAD: (it is “UNROLLED” HERE)

  1. These are actual quotes from pieces I’ve just read. I don’t know why I’ve been ignoring this. Let me say that I’m serious about my respect for frontline workers. I’m confident THEY are NOT the ones calling for us to lose our jobs so they can do theirs. Politicians did that. 2/
  2. “Tallia says his hospital is ‘managing, but just barely,’ at keeping up with the increased number of sick patients in the last three weeks. The hospital’s urgent-care centers have also been inundated, and its outpatient clinics have no appointments available.” 3/
  3. “Dr. Bernard Camins, associate professor of infectious diseases at the University of Alabama at Birmingham, says that UAB Hospital cancelled elective surgeries scheduled for Thursday and Friday of last week to make more beds available” 4/
  4. “We had to treat patients in places where we normally wouldn’t, like in recovery rooms,” says Camins. “The emergency room was very crowded, both with sick patients who needed to be admitted” 5/
  5. “In CA… several hospitals have set up large ‘surge tents’ outside their emergency departments to accommodate and treat … patients. Even then, the LA Times reported this week, emergency departments had standing-room only, and some patients had to be treated in hallways.” 6/
  6. “In Fenton, Missouri, SSM Health St. Clare Hospital has opened its emergency overflow wing, as well as all outpatient centers and surgical holding centers, to make more beds available to patients who need them. Nurses are being “pulled from all floors to care for them,” 7/
  7. “it’s making their pre-existing conditions worse,” she says. “More and more patients are needing mechanical ventilation due to respiratory failure” 8/
  8. “From Laguna Beach to Long Beach, emergency rooms were struggling to cope with the overwhelming cases… and had gone into ‘diversion mode,’ during which ambulances are sent to other hospitals.” 9/
  9. “Hospitals across the state are sending away ambulances, flying in nurses from out of state and not letting children visit their loved ones for fear they’ll spread… Others are canceling surgeries and erecting tents in their parking lots to triage the hordes of… patients.” 10/
  10. “There’s a little bit of a feeling of being in the trenches. We’re really battling these infections to try to get them under control,” McKinnell said. “We’re still not sure if this is going to continue … “ 11/
  11. “At Parkland Memorial Hospital in Dallas, waiting rooms turned into exam areas as a medical tent was built in order to deal with the surge of patients. A Houston doctor said local hospital beds were at capacity” 12/
  12. “Dr. Anthony Marinelli says they’ve seen a major spike in… cases. It’s so overwhelmed the community hospital that they’ve gone on bypass at times — that means they tell ambulances to bypass this ER and find another.” 13/
  13. “Dr. Atallah, the chief of emergency medicine at Grady, says the hospital called on a mobile emergency department based nearly 250 miles away to help tackle the increasing patient demand. “At 500-plus patients a day you physically just need the space to put a patient in. “ 14/
  14. “We’ve never had so many patients,” said Adrian Cotton, chief of medical operations at Loma Linda University Health in San Bernardino County.” 15/
  15. “…at least one hospital has set up an outdoor triage tent to handle the overflow of people” “In Long Beach, hospitals have started visitor restrictions. In the South Bay, a conference center has been transformed into an ambulatory clinic.” 16/
  16. We have signage set up all over the hospital to inform patients that, if they have any family members with even signs of symptoms, not to visit” “Loma Linda emergency physicians are seeing about 60 more patients a day than usual, Cotton said.” 17/
  17. “About 150 patients have so far been treated in the tent, which is staffed according to the number of people inside. It’s expected to be up [for months].” 18/
  18. “As the main emergency room gets full, patients are moved to the tent. For example, a patient who comes in with a broken arm is likely to be treated inside the tent, he said. Visitor restrictions have also been implemented.” “The county saw a 300-percent increase” 19/
  19. “Overflow tents also have emerged in San Diego County hospitals. Though they haven’t pitched tents, most hospitals across Southern California have set up overflow areas inside their facilities.” 20/
  20. Our workers are incredible and I know they’ve been trained to deal with this. But maybe the lockdown folks are correct. Maybe we opened up too quickly. Maybe we should stay in shutdown mode. I mean nothing like this has ever happened to our hospitals before?!

I recently discussed this flu outbreak on my site’s Facebook page:

(OP – Original Post) Good presentation. This rant is not related to the video, but I was thinking about this today. Whenever there is a bad flu year, we always deal with the variants in years to come, and, typically they aren’t as deadly. Like Delta. So deaths, and hospitalization are typically lower than the Alpha strain. So tent triages and the like were set up for the 2017-2018 flu season — (the CDC estimates that between 46,000 and 95,000 Americans died due to influenza during the 2017-18 flu season. This resulted in an estimated 959,000 hospitalizations and a middle-ground of 61,099 deaths) and the subsequent variants were less deadly, but they are still floating around. But this seasons Delta Variant is less of a bugger than 2017-18, maybe even the 2012-2013 flu season — (56,000 deaths is the CDC estimate. 571,000 influenza-related hospitalizations). But people still want to live in fear, rather than live. Its sad.

(KRIS W. — a thoughtfully minded conservative) This doctor was great! I hope you are right about the numbers. I refuse to live in fear.

(ME) Kris W., So, the Alpha Covid strain was here in September of 2019. So the Covid season “A” was 2019-2020. We are now in a 2020-2021 season. The numbers from this season need to be separated from the previous. I bet we are closer to bad seasons from previous years. And next year will be better. But like other flu strains, we will have Covid with us forever. (Flu shots are a hodgepodge mixture of various strains, and people who get it hope one of the many strains in the shot get close to the actual, and so lessons the symptoms if they get the flu. Same here. These Covid strains may be in a cocktail mix in the future.)

What follows is some #FANEWS via the CDC and others regrading Florida.

FLORIDA FOLLIES

NATIONAL REVIEW starts us out:

The Centers for Disease Control and Prevention (CDC) is misrepresenting Florida’s coronavirus case counts from this past weekend, according to the state’s Department of Health (DOH).

On Monday, the CDC announced that Florida had reported new 28,317 cases for Sunday, August 8 — a figure that would have set a new record in the Sunshine State. It also reported 28,316 new cases for the day prior, and 23,903 for last Friday.

State officials dispute those numbers. On Monday night, the DOH’s official Twitter account stated that the number of newly recorded cases for all three days was substantially lower than what the CDC is claiming, coming in at 21,500 on Friday, 19,567 on Saturday, and 15,319 on Sunday.

CNS NEWS chimes in with this:

The 28,317 Sunday cases originally claimed by the CDC is 12,998 higher than, and 184.5% of, the 15,319 new cases reported by Florida.

On Tuesday, CDC lowered its Sunday count for Florida by 8,733, from 28,317 to 19,584 – a number that’s still 4,265 higher than the number reported by the state’s health department. CDC’s new number is 69.2% of its original claim.

“Accurate data was provided to the CDC, but the incorrect number for Friday, Saturday and Sunday was displayed on the website,” Florida Deputy Secretary for Health Dr. Shamarial Roberson told National Review.

UPDATE!

  • Today, the CDC basically admitted that the numbers they put up were wrong by quietly adjusting the numbers down. They updated Florida’s new cases to 23,958 for Friday, 21,487 on Saturday, and 19,584 on Sunday. But the numbers still were more than Florida’s numbers. According to the Florida Department of Health, the numbers were 21,500 on Friday, 19,567 on Saturday, and 15,319 on Sunday. The numbers were actually decreasing over the three days. (Via RED STATE)

And there was an excellent article by THE DAILY SIGNAL that goes over four of the medias FLORIDA FOLLIES and EXAGERATIONS (Hat-tip to Shannon H. for this) Here they are:

1. Florida Is Experiencing a Spike in Cases: True.

Florida is experiencing a surge in new confirmed cases. The seven-day rolling average of new infections topped 18,000 on Aug. 5, more than the state logged in January.

Florida accounts for roughly 6% of the U.S. population but 18% of the seven-day moving average of daily new cases nationwide.

Those are concerning figures, but they should be understood in context. Most states are experiencing increases in cases, although Florida is unique in exceeding previous highs. 

Florida’s increase resembles the U.K.’s, which only recently has begun to subside. The country’s mask mandates and other restrictions didn’t prevent a spike in cases, any more than such restrictions prevented recent or ongoing surges in Spain, Israel, France, Ireland, and the Netherlands

Florida’s spike in cases is consistent with a broader global pattern and isn’t easily attributable to the state’s refusal to implement mask mandates or adopt vaccine passports. Nor does a spike in cases necessarily produce a surge of severe illness or death, but more on that below.

2. Florida’s Increase in New Cases Is Due to Low Vaccination Rates: False.

“Seven states with the lowest vaccination rates represent just about 8.5% of the U.S. population, but account for more than 17% of cases,” Jeff Zients, White House COVID-19 response coordinator, said earlier this week. “And 1 in 3 cases nationwide occurred in Florida and Texas.”

Florida is not one of the seven states with the lowest vaccination rates. According to Centers for Disease Control and Prevention data available on Aug. 5, 49.8% of Americans were fully vaccinated. That compares with 49.2% of Floridians. The vaccination rates among the elderly also are comparable—80.3% of Floridians over age 65 are fully vaccinated, compared with 80.2% of all Americans in that age group.

And while Florida’s vaccination rates vary by county, those rates don’t correlate with newly confirmed cases per 100,000 residents.

The data come from the most recent weekly report prepared by the Florida Department of Health. They show that even counties with high vaccination rates reported high new case rates for the week ending July 29.

Nearly 80% of the residents over the age of 12 living in Dade County (home to Miami), the state’s most populous, were fully vaccinated. But the county reported 532 new cases per 100,000 residents, exceeding the state’s elevated average of 503 new cases per 100,000.

Ten of the 17 counties that reported vaccination rates of 40% or less had lower rates of new infections than did Dade County. A similar pattern held in other populous counties with high vaccination rates, including St. Johns County (Jacksonville/St. Augustine) and Orange County (Orlando).

It is, of course, possible that most or all these new cases are occurring among the unvaccinated, but there may be a significant number of breakthrough cases. Unfortunately, neither the Centers for Disease Control and Prevention nor the Florida Department of Health provides that information.

3. Florida Hospitals Are Overwhelmed: Mostly False.

President Joe Biden’s chief spokesperson, Jen Psaki, recently tweeted: “23% of new COVID hospitalizations in the U.S are in Florida, and their hospitals are being overwhelmed again.”

Let’s start with the word “again.” Among the media’s favorite stories to report last summer was that a run-up in COVID-19 cases had pushed Florida hospitals beyond their limits. As I’ve written (here, here, here, and here), that was not the case then.

And it isn’t the case now. It is true that Florida hospitals are treating a more significant share of COVID-19 patients than most other states and that hospitals are facing staffing challenges. Here is the breakdown, updated Aug. 6, from the U.S. Department of Health and Human Services:

  • U.S.: 76.2% of inpatient beds are occupied, 7.9% by COVID-19 patients.
  • Florida: 84.2% of inpatient beds are occupied, 22% by COVID-19 patients.

Those figures are at once disturbing and reassuring—disturbing because nearly 13,000 Floridians are hospitalized with confirmed or suspected cases of COVID-19, but reassuring because the state’s hospital systems still have plenty of unused capacity (roughly 9,400 empty beds). More than 11% of the state’s adult ICU beds are vacant.

Psaki’s allegation that Florida hospitals are “overwhelmed” is thus false, although the situation certainly bears watching.

More encouraging is that deaths associated with COVID-19 remain far below levels reached last summer and during January. The seven-day moving average of COVID-19-related deaths stood at 72 on Aug. 5, compared with 184 on Aug. 5, 2020, and 185 in late January.

While not conclusive—deaths generally lag new cases by a few weeks, and reporting is sometimes delayed—this resembles the pattern in the U.K., where a spike in infections did not result in a comparable rise in deaths.

4. Florida’s Spike in Cases Is DeSantis’ Fault: False.

Critics of DeSantis hold him responsible for the state’s spike in cases. Biden, for example, called on DeSantis to “get out of the way,” arguing that rising case counts were the direct result of the Florida governor’s policies.

A recent news analysis piece in The Hill is among the many publications touting this theme. “Conservative Republicans—notably Florida Gov. Ron DeSantis and Texas Gov. Greg Abbott—have adopted a permissive approach,” the article asserted. “The result of their purported dedication to ‘freedom’ has been an explosion of coronavirus cases in their states.”

The article goes on to quote Georgetown law professor Lawrence Gostin as saying, “If you are against masks and vaccines, you might have a short-term win with people who don’t want to mask and vaccinate, but overall the population in your state doesn’t have the freedom to safely and securely go to do the things they love.”

The argument that Florida’s case rate has risen because its governor embraces freedom and opposes masks and vaccines doesn’t hold up.

First, DeSantis isn’t “against masks and vaccines.” Although he has shunned mask mandates, his state’s health department promotes mask-wearing and social distancing. His administration lets individuals and businesses respond to this advice instead of subjecting them to government mandates.

Similarly, although opposed to vaccine passports and mandates, the DeSantis administration promotes immunizations. Florida’s immunization rate is quite close to the national average. Its rise in cases is not due to low vaccination rates.

Second, despite the current uptick in cases, Florida has done an exceptional job preserving freedom and advancing public health throughout the pandemic. Florida’s COVID-19-related deaths per 100,000 population remain below the national average.

That is more remarkable considering that more than 1 in 5 residents is over age 65, the nation’s second-highest proportion of elderly. That demographic accounts for nearly 80% of COVID-related mortality nationally. Yet, Florida has outperformed numerous states with smaller proportions of elderly people that have adopted less “permissive” policies, including New Jersey, New York, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Michigan, Illinois and Delaware.

Florida’s increase in COVID-19 cases is troubling and not easily explained. Its vaccination rate is nearly identical to the national rate, and counties with very high vaccination rates are among those reporting big increases in cases. Allegations that the state’s hospitals are overwhelmed are exaggerated, although future capacity strains can’t yet be ruled out. That’s also true of COVID-19-related deaths, which have so far remained far below previous highs.

The president and his allies can’t resist politicizing the Florida case increases. Demonizing a governor of a rival party deflects from the national surge in cases, the administration’s frustration with lagging demand for vaccines (particularly among young adults and racial minorities), and the CDC’s confusing and conflicting advice on whether vaccinated people should wear masks.  …………

Most important in this post is this, WHERE CAN I GET Hydroxychloroquine and Ivermectin? AMERICA’S FRONTLINE DOCTORS has a consultation sign up HERE! See also FLCCC ALLIANCE (Click Pic)