SCOTUS ruling is about protecting the institution of the presidency
Sky News Australia | July 5, 2024
Lawyer Robert Barnes says the SCOTUS ruling is now the “only thing” preventing former presidents from being extradited to foreign countries to be prosecuted.
“Without it, you know, someone unhappy with Joe Biden’s policies, unhappy with Barack Obama’s policies, unhappy with George W. Bush or Bill Clinton’s policies, all of them could seek the extradition of someone over something that was done by the US military or the US government overseas,” he told Sky News Australia host James Morrow.
“This protects all of them, and primarily cares about protecting the institution of the presidency.”
British Columbia Royal College of Physicians and Surgeons Defeated on Judicial Notice
Case of Dr. Charles Hoffe Kills Deferral to Government Offices as Agents of “Truth”
Courageous Discourse™ | July 6, 2024
This was written by Canadian attorney Lee Turner after discussion with Dr. McCullough.
Dr. Charles Hoffe is a family and (former) emergency room physician in British Columbia who is the subject of disciplinary proceedings before the College of Physicians and Surgeons of British Columbia for making public statements about SARS-CoV-2, the safety and efficacy of the COVID-19 vaccines, and other alternative treatments including ivermectin. Hoffe has successfully defeated an application made by the College seeking judicial notice of the truth of facts alleged by the College concerning these issues. In its efforts to discipline the physician, the College has alleged that the statements made by the physician are misleading, incorrect or inflammatory and constitute professional misconduct. The College asked the discipline panel to take judicial notice of the following facts and thereby prevent the doctor from presenting any contrary evidence in his defence:
- The Covid virus kills or causes other serious effects;
- The virus does not discriminate;
- Vaccines work;
- Vaccines are generally safe and have a low risk of harmful effects, especially in children;
- Infection and transmission of the COVID-19 virus is less likely to occur among fully vaccinated individuals than for those who are unvaccinated; vaccines do not prevent infection, reinfection or transmission, but they reduce the severity of symptoms and the risk of bad outcomes;
- Health Canada has approved COVID vaccines, and regulatory approval is a strong indicator of safety and effectiveness;
- Health Canada has not approved ivermectin to treat COVID-19; and
- Health Canada advises that Canadians should not consume the veterinary version of ivermectin.
In its June 29, 2024 decision, the disciplinary panel of the College of Physicians and Surgeons of British Columbia declined to take judicial notice of items 2-5, did take judicial notice of items 7-8 (the straightforward ivermectin claims), and took judicial notice of a revised version of items 1 and 6.
The panel was prepared to take judicial notice of item 1 that reads: “COVID-19 can kill or cause other serious effects”.
The College explained their rationale for taking judicial notice of a revised version of item 1 by referencing evidence presented by the doctor in his defence that included the following:
- risk of severe disease and death from COVID-19 is extremely skewed to those above 70 years of age, especially those with multiple comorbidities. The average age of persons that died from COVID-19 in Canada was approximately 84 years old;
- very low proportion of COVID-19 related deaths in Canada occurred in those under 50 years of age-the data shows very high (although not 100%) survival rates for those under 70;
- average rate of lethality from COVID-19 for Canadians is much lower than estimates given by public health officials; and
- reported hospitalizations and deaths from COVID-19 have been over-counted, because many hospitalizations and deaths “with, and not from” COVID-19 were wrongly attributed to COVID-19
With respect to item 6, the panel endorsed findings of an earlier provincial Court of Appeal decision that held the safety and efficacy of any drug is always relative and as a rule the safety and efficacy of a pharmaceutical product cannot be discussed in such blunt fashion as to say that it “is” or “is not” safe and effective. The panel held that the issues raised in the citation should be determined based upon the evidence that is tested through cross-examination rather than by taking judicial notice of one party’s assertion of the facts, and in this case, based upon statements made by public health officials or public health agencies. The panel held that it was prepared to take judicial notice of the fact that Health Canada had approved the COVID – 19 vaccines, but declined to take judicial notice that Health Canada’s approval was a strong indicator of safety and effectiveness.
This decision on the issue of judicial notice, is consistent with the June 28, 2024 decision of the US Supreme Court in Loper Bright Enterprises et al. v. Raimondo Secretary of Commerce et. al. which overturned the landmark 1984 decision in Chevron v. Natural Resources Defense Council. The Chevron decision had given rise to what is commonly referred to as the Chevron deference doctrine. Under this doctrine, federal agencies had the power to interpret a law that they administer when that law is vaguely written, and courts were required to defer to the agency’s interpretation of a statute. In Loper, the US Supreme Court rejected the Chevron deference doctrine calling it “fundamentally misguided.” They said court should rely on their own interpretation of ambiguous laws rather than having to accept the agency’s interpretation. Commentators have suggested that the Chevron deference doctrine gave the powerful – the people who control the agencies like the FDA, CDC and FCC – a significant advantage in court making them essentially the ultimate decision-makers in interpreting ambiguous laws. Commentators have pointed out that many of these agencies are captive agencies with close ties, including financial ties, to the industries that they are charged with regulating and therefore they lack objectivity with respect to those industries. The ruling in Labor means that federal judges now have more authority to interpret these laws. The decision by the British Columbia Disciplinary Panel of the College of Physicians of Surgeons of British Columbia prevents regulatory bodies from saying “it is so because we say it is so”. They have to prove the facts they assert and those who disagree will be allowed to challenge those facts and present contrary evidence.
The case against Dr. Hoffe is far from over. This development is significant in that a government agency cannot make the rules, interpret them, and claim they hold the truth on an evolving scientific or medical issue.
Lee C. Turner, Partner, Doak Sherriff Lawyers, LLC, Kelowna BC V1Y 2A9
(Professional Law Corporation)
Met Office Still Opening Junk Weather Stations
By Paul Homewood | Not A Lot Of People Know That | July 5, 2024
As we know, 77.9% of the Met Office’s temperature station network is junk Class 4 and 5.
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But how many of these have been added in recent years?
The Met Office have now sent me a full list of stations, showing both Class and opening date. Since 2000, 58 stations have been added, out of a current total of 380. However only nine are acceptable Class 1 and 2s:
| Class | No |
| 1 | 1 |
| 2 | 8 |
| 3 | 5 |
| 4 | 29 |
| 5 | 15 |
| Total | 58 |
One Class 4 station was opened as recently as last year at Arthog in Wales.
It is one thing having poorly sited stations which have been around for decades. But I personally find it unacceptable that the Met Office have deemed it appropriate to carry on opening so many more, which they know full well should not be used for climatological purposes.
It is surely not beyond their wit to build a few pristine Class 1 sites. Which leads us to the conclusion that they are doing it deliberately.
Meanwhile in other news, the hottest place in the UK yesterday was ……………… HEATHROW!!
The New York Times Is Right, Finally; Climate Change Is Not Threatening Island Nations
By Linnea Lueken | ClimateREALISM | July 1, 2024
The New York Times (NYT) recently posted an article, titled “A Surprising Climate Find,” which explains how island nations like the Maldives and Tuvalu are not, in fact, in danger of sinking under the seas due to climate change. This is true; a fact Climate Realism has repeatedly discussed. Atolls in particular are known to grow with rising water levels, this has been known for years if not decades.
The NYT climate reporter, Raymond Zhong, explains that as “the planet warms and the oceans rise, atoll nations like the Maldives, the Marshall Islands and Tuvalu have seemed doomed to vanish, like the mythical Atlantis, into watery oblivion.”
This is an exceptionally common claim from the climate alarmist media, and some of the nations themselves that are benefitting from massive aid packages and “reparations” from wealthier countries; money not being used to help their people relocate from the “sinking” islands, but rather to build infrastructure and boost tourism. In fact, the NYT promoted this falsehood as late as April 2024, with a story, titled, “Why Time Is Running Out Across the Maldives’ Lovely Little Islands.“
In his most recent piece Zhong writes:
“Of late, though, scientists have begun telling a surprising new story about these islands. By comparing mid-20th century aerial photos with recent satellite images, they’ve been able to see how the islands have evolved over time. What they found is startling: Even though sea levels have risen, many islands haven’t shrunk. Most, in fact, have been stable. Some have even grown.”
It is true that the islands are not sinking, but Zhong is wrong when he says this fact has only been discovered “of late.” His own article references a study published in 2018, which found 89 percent of islands in the Pacific and Indian Oceans increased in area or were stable, and only 11 percent showed any sign of contracting. So just three months after the NYT published an article claiming the Maldives were disappearing beneath the waves, the paper is now reversing itself based on research that existed six years before the April article was published. Since, Climate Realism has covered the claim many times, including with regard to Tuvaluan “refugees,” looking at tropical storms, and examining other island refugee claims, one wonders whether the NYT’s fact checkers were asleep on the job when the paper published its false story in April.
The facts about atolls growth and demise are not newly discovered. Scientists have known for decades, if not more than a hundred years, that atoll islands uniquely change with changing sea levels. Charles Darwin was the first to propose that reefs were many thousands of feet thick, and grow upwards towards the light. He was partially correct, though reality is more complicated than his theory.
In 2010, as discussed in the Climate Realism post “No, Rising Seas Are Not Swallowing Island Nations,” studies found that Tuvalu and Kiribati were growing, as well as Micronesia, and some had grown dramatically. Likewise in 2015, the same group of researchers reported that 40 percent of islands in the Pacific and Indian Oceans were stable, and another 40 percent had grown.
Zhong correctly says that ocean currents and waves can cause erosion, but also “bring fresh sand ashore from the surrounding coral reefs, where the remains of corals, algae, crustaceans and other organisms are constantly being crushed into new sediment.”
Climate at a Glance: Islands and Sea Level Rise, also confirms the fact that in Tuvalu in particular –often a poster child for islands supposedly threatened by sea level rise—“eight of Tuvalu’s nine large coral atolls have grown in size during recent decades, and 75 percent of Tuvalu’s 101 smaller reef islands have increased as well.”
The only “surprising” discovery in this story is that the climate desk for the New York Times was allegedly not aware of these facts before now. This information is not new. It could be, of course, that the NYT neglected to report the truth about island nations’ status previously simply because it did not conform to the alarming climate narrative they have been trying to push, but as the data has gotten too strong to ignore, they were forced to admit the truth with regard to growing islands in the face of rising seas.
Orban Reveals Plans to Hold More Surprise Meetings Next Week After Recent Talks With Putin
Sputnik – 06.07.2024
Hungarian Prime Minister Viktor Orban has said that he is planning to hold several meetings next week that would be “equally surprising” as his recent talks with Russian President Vladimir Putin.
The Hungarian prime minister visited Russia on Friday to hold talks with Putin. Orban described his visit as a continuation of his “peace mission” after a visit to Kiev, which took place on Tuesday.
“I will have some meetings in the next week, which will be equally surprising,” Orban said in an interview with Swiss magazine Weltwoche out Saturday.
He added that these meetings would be kept from the public until the fact of his arrival, as it happened earlier during his visit to Moscow.
Orban also stated that he asked Russian President Vladimir Putin three questions during a meeting in Moscow, on Putin’s opinion concerning other countries’ peace proposals, on the possibility of a ceasefire prior to peace talks and what Europe’s security architecture might look like in the future.
“My first purpose was to put the questions directly, three questions basically,” Orban said.
The first question was about Moscow’s stance on existing peace initiatives and talks on the Ukrainian conflict that are held without Russia, the Hungarian prime minister said.
“He [Putin] said that it is obvious that real negotiations cannot happen without the involvement of both parties. So whatever they are doing without him, it means nothing. Which is quite logical anyway,” Orban said.
The second question referred to the possibility of a ceasefire before the actual start of negotiations, he said, adding that Putin had not agreed to that expecting that Kiev would try to take military advantage of such a ceasefire.
The third question was whether Russia had a vision of what a future security architecture of Europe would look like after the conflict, to which Putin answered that Moscow had a detailed plan on the issue, the Hungarian leader said.
What Will Iran’s Foreign Policy Be Under New President Pezeshkian?
Sputnik – 06.07.2024
Masoud Pezeshkian has emerged as the winner of the presidential runoff in Iran this week, receiving 54 percent of the votes.
The newly elected President of Iran Masoud Pezeshkian spoke to Sputnik on the eve of the election about the main priorities of Iran’s foreign policy, which include: strengthening relations with Russia and China; Iran’s active presence in BRICS and the Shanghai Cooperation Organisation; restoration of the Joint Comprehensive Plan of Action (JCPOA) and the lifting of sanctions.
“Russia is a friend and partner of Iran, and I consider it a priority to deepen and expand relations with Russia and China, as well as intensify foreign policy activities in the Asian direction in general,” Pezeshkian said. “And we, of course, at all levels – bilateral, regional and international – will continue our efforts to expand interaction with the Russian Federation.”
According to him, Iran “opposes the policy of unidirectionality” and supports “the principle of multipolarity.”
“One of the priorities of my foreign policy program is regional cooperation, and for this purpose, Iran will expand its presence in BRICS and the SCO, as well as strive for more active cooperation with the Eurasian Economic Union to more fully realize the potential of trade and economic relations with the member countries of these organizations,” Pezeshkian explained.
Regarding the JCPOA, Pezeshkian pointed out that it is “an international agreement approved by the UN,” and that the United States’ unilateral withdrawal from this agreement “caused serious damage to Iran and the Iranian people.”
“As the Russian side has repeatedly emphasized, Iran has fulfilled its obligations, and we see our task as returning the other participants to this agreement as soon as possible and achieving the lifting of sanctions. I am confident that the friendly governments of Russia and China will support Iran and assist it in resolving this issue,” he added.
US scraps military drills with Georgia
RT | July 6, 2024
The US has suspended this year’s ‘Noble Partner’ military exercise with Georgia due to a “comprehensive review” of bilateral relations by Washington. The maneuvers, which have previously involved troops from multiple NATO member states, had been held annually since 2015.
In early June, the legislation – officially known as the Transparency of Foreign Influence Act – came into force, after the ruling Georgian Dream party overrode a veto by President Salome Zourabichvili. The law requires NGOs, media outlets and individuals which receive more than 20% of their funding from abroad to register as entities “promoting the interests of a foreign power” and disclose their donors. Failure to comply will result in a fine of up to $9,500.
Opponents of the bill, who denounce it as an attack on democracy, have held multiple protests. Prime Minister Irakli Kobakhidze insists the legislation is similar to laws in several Western nations, and is meant to improve transparency.
The adoption of the law drew condemnation from the US and European Union. Washington has announced plans to restrict visas for Georgian politicians who supported the legislation.
In a press release on Friday, the US Department of Defense announced that the “United States will indefinitely postpone this iteration of exercise NOBLE PARTNER in Georgia, originally scheduled for July 25 – August 6, 2024.”
According to the statement, the decision was made “due to the Georgian government’s false accusations against the United States and other western entities.” The Pentagon cited several remarks made by Prime Minister Kobakhidze in recent months.
In early May, the official claimed that “two revolution attempts of 2020-2023 [were] supported by the former US ambassador.”
Later that month, he doubled down on the accusations, saying that “Georgian-American relations need to be reconsidered.”
Speaking to Georgia’s Channel 1 around the same time, Kobakhidze alleged that “some people want muddy water here… people want a second front [against Russia]. We don’t want a second front.”
In light of those allegations, “the United States Government has determined that this is an inappropriate time to hold a large-scale military exercise in Georgia,” the Pentagon’s press release concluded.
Commenting on the adoption of the ‘foreign agent’ law in Georgia in early June, US State Department spokesman Matthew Miller warned that the developments “fundamentally alter the US relationship with” the South Caucasus nation, which has long been seeking to join the EU and NATO. The official stressed that Washington “would not hesitate to impose” sanctions on Tbilisi.
Former FBI and Twitter Lawyer Jim Baker Joins Election Task Force Advocating for Social Media Censorship

By Didi Rankovic | Reclaim The Net | July 5, 2024
From presidential election to another election, to Covid – to another election. That is how members of particular, mostly flying-under-the-radar power centers in the US have been moving over the last decades.
From time to time, however, circumstances demand that they show their faces: one is James “Jim” Baker, a former FBI lawyer whose “censorship portfolio” includes the infamous case of endorsing the Hunter Biden laptop story suppression – while he was on Twitter’s payroll.
And while there – Baker also wanted to know how come President Trump was not censored for a post saying – “Don’t fear Covid.”
Well, Baker also seems to be staying true to himself – unfortunately, his “truth” appears to be to never miss the chance to support the wrong thing (the “RussiaGate” saga happens to be among them). Right now, he has joined something called “the National Task Force on Election Crises.”
It’s a crisis, alright. A crisis of online censorship that can, and does, produce multiple “election” crises and a rapid erosion of trust in legacy media and political institutions.
The group’s parent operation is the Protect Democracy Project.
There’s nothing particularly innovative about the group’s lobbying talking points: remove or downgrade “election misinformation” and make sure removing and labeling content (as false) is done ASAP by social and news media (time is clearly of the essence, at this point…)
As for the electoral process itself – which ended up highly and even dangerously contested perhaps for the first time in US democratic history in 2020 – the group Baker is now affiliated with seems to want the reasons by and large leading to that to remain intact.
Namely, things like “(preventing) cyber or other attacks by foreign adversaries or domestic disrupters, promot(ing) pre-canvassing of absentee ballots” – and working to discourage legal challenges to the election process.
Looks like Baker might be just the right man for the wrong job.
The Supreme Court’s Superb Dissenting Opinion
At least three justices understand what is at stake here
By Aaron Kheriaty, MD | Human Flourishing | July 5, 2024
Three justices of the Supreme Court actually read and understood the record in our case. Justice Alito, joined by Gorsuch and Thomas, wrote an important dissenting opinion. I’d like to share a few highlights here, as it provides a roadmap to ultimately prevailing in our case.
The three dissenting justices clearly recognize that we the plaintiffs were victims of the government’s unconstitutional censorship activities:
Among these victims were two States, whose public health officials were hampered in their ability to share their expertise with state residents; distinguished professors of medicine at Stanford and Harvard; a professor of psychiatry at the University of California, Irvine School of Medicine; the owner and operator of a news website; and Jill Hines, the director of a consumer and human rights advocacy organization. All these victims simply wanted to speak out on a question of the utmost public importance.
Echoing the district court and circuit court opinions, the dissenting justices indicate the landmark importance of this free speech case:
If the lower courts’ assessment of the voluminous record is correct, this is one of the most important free speech cases to reach this Court in years. Freedom of speech serves many valuable purposes, but its most important role is protection of speech that is essential to democratic self-government, and speech that advances humanity’s store of knowledge, thought, and expression in fields such as science, medicine, history, the social sciences, philosophy, and the arts.
Unlike the majority opinion, which took the government’s claim to be combating “misinformation” at face value, the dissenting opinion recognized that much of the speech that the government suppressed was true:
The speech at issue falls squarely into those categories. It concerns the COVID–19 virus, which has killed more than a million Americans. Our country’s response to the COVID–19 pandemic was and remains a matter of enormous medical, social, political, geopolitical, and economic importance, and our dedication to a free marketplace of ideas demands that dissenting views on such matters be allowed. I assume that a fair portion of what social media users had to say about COVID–19 and the pandemic was of little lasting value. Some was undoubtedly untrue or misleading, and some may have been downright dangerous. But we now know that valuable speech was also suppressed. That is what inevitably happens when entry to the marketplace of ideas is restricted.
The majority opinion suggested, without evidence, that our censorship was the result of the actions of social media platforms, who may have censored us even in the absence of government coercion. The dissenting opinion explains the flaws with this unwarranted assumption:
Of course, purely private entities like newspapers are not subject to the First Amendment, and as a result, they may publish or decline to publish whatever they wish. But government officials may not coerce private entities to suppress speech, see National Rifle Association of America v. Vullo, 602 U. S. 175 (2024), and that is what happened in this case.
The record before us is vast. It contains evidence of communications between many different government actors and a variety of internet platforms, as well as evidence regarding the effects of those interactions on the seven different plaintiffs.
Alito focuses on Facebook and co-plaintiff Jill Hines as the clearest example (though by no means the only example) to illustrate the nature of the problem:
Here is what the record plainly shows. For months in 2021 and 2022, a coterie of officials at the highest levels of the Federal Government continuously harried and implicitly threatened Facebook with potentially crippling consequences if it did not comply with their wishes about the suppression of certain COVID–19-related speech. Not surprisingly, Facebook repeatedly yielded. As a result Hines was indisputably injured, and due to the officials’ continuing efforts, she was threatened with more of the same when she brought suit. These past and threatened future injuries were caused by and traceable to censorship that the officials coerced, and the injunctive relief she sought was an available and suitable remedy.
It’s hard to know how much more harm the Supreme Court would need to see before agreeing that at least one of the plaintiffs has standing. These examples could be multiplied. By refusing to examine the record and rule on the merits, Alito suggests that the Court actually provides a roadmap for future government censorship efforts:
This evidence was more than sufficient to establish Hines’s standing to sue, and consequently, we are obligated to tackle the free speech issue that the case presents. The Court, however, shirks that duty and thus permits the successful campaign of coercion in this case to stand as an attractive model for future officials who want to control what the people say, hear, and think.
That is regrettable. What the officials did in this case was more subtle than the ham-handed censorship found to be unconstitutional in Vullo, but it was no less coercive. And because of the perpetrators’ high positions, it was even more dangerous. It was blatantly unconstitutional, and the country may come to regret the Court’s failure to say so. Officials who read today’s decision together with Vullo will get the message. If a coercive campaign is carried out with enough sophistication, it may get by. That is not a message this Court should send.
Alito then echoes arguments I published in The Federalist following oral arguments, regarding the key differences between newspapers and social media companies in terms of their interactions with government:
Internet platforms, although rich and powerful, are at the same time far more vulnerable to Government pressure than other news sources. If a President dislikes a particular newspaper, he (fortunately) lacks the ability to put the paper out of business. But for Facebook and many other social media platforms, the situation is fundamentally different. They are critically dependent on the protection provided by §230 of the Communications Decency Act of 1996, 47 U. S. C. §230, which shields them from civil liability for content they spread. They are vulnerable to antitrust actions; indeed, Facebook CEO Mark Zuckerberg has described a potential antitrust lawsuit as an “existential” threat to his company. And because their substantial overseas operations may be subjected to tough regulation in the European Union and other foreign jurisdictions, they rely on the Federal Government’s diplomatic efforts to protect their interests.
This dynamic sets social media companies up to be vulnerable to government coercion, in precisely the way we argued before the Court:
For these and other reasons, internet platforms have a powerful incentive to please important federal officials, and the record in this case shows that high-ranking officials skillfully exploited Facebook’s vulnerability. When Facebook did not heed their requests as quickly or as fully as the officials wanted, the platform was publicly accused of “killing people” and subtly threatened with retaliation.
Not surprisingly these efforts bore fruit. Facebook adopted new rules that better conformed to the officials’ wishes, and many users who expressed disapproved views about the pandemic or COVID–19 vaccines were “deplatformed” or otherwise injured.
Alito perfectly describes how this abusive Stockholm Syndrome dynamic played out between Facebook and the White House:
What these events show is that top federal officials continuously and persistently hectored Facebook to crack down on what the officials saw as unhelpful social media posts, including not only posts that they thought were false or misleading but also stories that they did not claim to be literally false but nevertheless wanted obscured. And Facebook’s reactions to these efforts were not what one would expect from an independent news source or a journalistic entity dedicated to holding the Government accountable for its actions. Instead, Facebook’s responses resembled that of a subservient entity determined to stay in the good graces of a powerful taskmaster. Facebook told White House officials that it would “work . . . to gain your trust.” When criticized, Facebook representatives whimpered that they “thought we were doing a better job” but promised to do more going forward. They pleaded to know how they could “get back to a good place” with the White House. And when denounced as “killing people,” Facebook responded by expressing a desire to “work together collaboratively” with its accuser. The picture is clear.
Here we have a major social media platform responding as though they are entirely subservient to government interests. The more they try to please the government by ramping up censorship, the more abusive and demanding the government becomes.
To the dubious claim that plaintiffs cannot allege potential future injuries because—on their word—the White House has backed off the social media companies, Alito (in contrast to the majority opinion) calls the government’s bluff:
The White House threats did not come with expiration dates, and it would be silly to assume that the threats lost their force merely because White House officials opted not to renew them on a regular basis.
As Alito later quips, “death threats can be very effective even if they are not delivered every day.”
Drawing an analogy to another free speech case (Vullo) that was heard on the same day as ours, Alito explains:
In Vullo, the alleged conduct was blunt. The head of the state commission with regulatory authority over insurance companies allegedly told executives at Lloyd’s directly and in no uncertain terms that she would be “‘less interested’” in punishing the company’s regulatory infractions if it ceased doing business with the National Rifle Association. The federal officials’ conduct here [in Murthy] was more subtle and sophisticated. The message was delivered piecemeal by various officials over a period of time in the form of aggressive questions, complaints, insistent requests, demands, and thinly veiled threats of potentially fatal reprisals. But the message was unmistakable, and it was duly received.
The Supreme Court majority was ready to knock down ham-fisted censorship (in Vullo) but gave a pass—at least for now—to sophisticated and debonair censorship (in Murthy).
The government’s defense of its behavior included the argument that it had the right to use the bully pulpit to “persuade” social media companies to do its bidding—”the government has free speech rights, too, don’t you see?” Alito sees right through this ruse:
This argument introduces a new understanding of the term “bully pulpit,” which was coined by President Theodore Roosevelt to denote a President’s excellent (i.e, “bully”) position (i.e., his “pulpit”) to persuade the public. But [Rob] Flaherty, [Andy] Slavitt, and other [White House] officials who emailed and telephoned Facebook were not speaking to the public from a figurative pulpit. On the contrary, they were engaged in a covert scheme of censorship that came to light only after the plaintiffs demanded their emails in discovery and a congressional Committee obtained them by subpoena. If these communications represented the exercise of the bully pulpit, then everything that top federal officials say behind closed doors to any private citizen must also represent the exercise of the President’s bully pulpit. That stretches the concept beyond the breaking point.
In any event, the Government is hard-pressed to find any prior example of the use of the bully pulpit to threaten censorship of private speech.
To repeat what I have said many times before: this case is not about constraining the government’s speech—as they falsely claim; it’s about stopping the government from constraining the speech of U.S. citizens.
The dissenting justices argue that the majority opinion applies a “new and heightened standard” of traceability in our case (p.20). Alito explains, again using the case of co-plaintiff Jill Hines, that she clearly has standing to bring the case (and we only need one plaintiff with standing to prevail):
Here, it is reasonable to infer (indeed, the inference leaps out from the record) that the efforts of the federal officials affected at least some of Facebook’s decisions to censor Hines. All of Facebook’s demotion, content-removal, and deplatforming decisions are governed by its policies. So when the White House pressured Facebook to amend some of the policies related to speech in which Hines engaged, those amendments necessarily impacted some of Facebook’s censorship decisions. Nothing more is needed. What the Court seems to want are a series of ironclad links—from a particular coercive communication to a particular change in Facebook’s rules or practice and then to a particular adverse action against Hines. No such chain was required in the Department of Commerce case, and neither should one be demanded here.
Furthermore, the Court’s majority opinion developed a novel, higher standard of repressibility of potential future harms to avoid ruling on the merits of our case:
As with traceability, the Court applies a new and elevated standard for redressability, which has never required plaintiffs to be “certain” that a court order would prevent future harm.
Having established that the Court should have found that we have standing, Alito proceeds to analyze the record on the merits, using the following legal framework:
The principle recognized in Bantam Books and Vullo requires a court to distinguish between permissible persuasion and unconstitutional coercion, and in Vullo, we looked to three leading factors that are helpful in making that determination: (1) the authority of the government officialswho are alleged to have engaged in coercion, (2) the natureof statements made by those officials, and (3) the reactions of the third party alleged to have been coerced. 602 U. S., at 189–190, and n. 4, 191–194. In this case, all three factors point to coercion.
Although the government tries to spin their interactions with social media platforms as fairly benign, examination of the record in this regard leaves no doubt: “The totality of this record—constant haranguing, dozens of demands for compliance, and references to potential consequences—evince ‘a scheme of state censorship.’” Lest there be any doubt in this regard, “Facebook’s responses to the officials’ persistent inquiries, criticisms, and threats show that the platform perceived the statements as something more than mere recommendations.” Alito concludes, “In sum, the officials wielded potent authority. Their communications with Facebook were virtual demands. And Facebook’s quavering responses to those demands show that it felt a strong need to yield.”
From here we return to the District Court in Louisiana for trial, where we have an excellent judge (Terry Doughty). We will be granted additional discovery, in which we anticipate getting enough additional “smoking guns” to cross the high standing bar set by the majority Supreme Court opinion. The District court has combined our case with an analogous case filed by Robert F. Kennedy, Jr., who is clearly named and targeted in several government censorship missives—so between Hines and Kennedy there should be no questions on the issue of standing, even under the novel and strict criteria that SCOTUS requires in this case.
In other words, we will prevail in the end. I anticipate being back at the Supreme Court in another year or two for the final ruling. At that point, SCOTUS will not be able to temporize or look away as they did this time. And when judges examine the record in our case, they have only reached one conclusion: the government engaged in unconstitutional censorship on a mass scale. And it has to stop.



