Christians in occupied Jerusalem see marked surge in Israeli settler attacks
The Cradle | July 12, 2024
Settler attacks on the Christian community in occupied Jerusalem have surged since the start of the Israeli war on Gaza, according to Hebrew reports.
Hebrew news outlet Channel 13 reported on 12 July that over the past three months, there have been at least 36 recorded incidents of violence or abuse against Christians.
This includes 17 incidents of Israeli settlers spitting on Christian worshippers, nine acts of vandalism, five assaults, and five cases of verbal abuse – all under police protection.
The government of Prime Minister Benjamin Netanyahu has also been imposing taxes on Churches and Church property. The Israeli government claims the taxes are routine financial matters, yet the Christian community has accused Tel Aviv of a “coordinated attack on the Christian presence in the Holy Land” and a violation of a centuries-old status quo.
“In this time, when the whole world, and the Christian world in particular, are constantly following the events in Israel, we find ourselves, once again, dealing with an attempt by authorities to drive the Christian presence out of the Holy Land,” wrote the heads of the major Christian denominations in a joint letter to Netanyahu late last month.
Earlier in June, a report released by Israeli NGO Rossing Center for Education and Dialogue reported a significant increase in Israelis attacking Christians throughout 2023.
“The ongoing shift towards the far-right, a growing sense of nationalism, and the emphasis on Israel primarily as a state for the Jewish population have collectively undermined both the legal and perceived sense of equality for any minority within the country,” the report read.
Attacks and restrictions against Christian worshippers by Israeli police are also common in the holy city.
While Christians face an uptick in abuse and oppression under Netanyahu’s far-right government, they have always suffered under occupation in the West Bank and Jerusalem.
In 2019, the head of the Sebastia Diocese of the Greek Orthodox Church in Jerusalem, Archbishop Atallah Hanna, accused Israeli forces of trying to kill him after he was hospitalized with poisoning following an Israeli tear gas attack on his church.
Canada Allocates $146.6M for New Censorship Commission to Enforce Online Harms Act
By Didi Rankovic | Reclaim The Net | July 11, 2024
Canada’s government has decided to spend some $146.6 million (CAD 200 million) and employ, full-time, 330 more people to be able to implement the Online Harms Act (Bill C-63).
That is the monetary cost of bureaucratic red tape necessary to make this bill, which has moved for a second reading in Canada’s House of Commons, eventually happen.
At the same time, the cost to the country’s democracy could be immeasurable – given some of this sweeping censorship legislation’s more draconian provisions, primarily focused on what the authorities choose to consider to be “hate speech.”
Some of those provisions could land people under house arrest, and have their internet access cut simply for “fear” they could, going forward, commit “hate crime” or “hate propaganda.”
If these are found to be committed in conjunction with other crimes, the envisaged punishment could be life in prison. Meanwhile, money fines go up to $51,080. And, to make matters even more controversial, the proposed law appears to apply to statements retroactively, namely, those made before Bill C-63’s possible passage and enactment as law.
The new body, the Digital Safety Commission, Ombudsperson, and Office will be in charge, and this is where the money will go and where the staff amount to 330 people. The spending estimate that has recently come to light covers the five years until 2029.
The office’s task – if the bill passes – will be to monitor, regulate, and censor online platforms, as per the Online Harms Act.
Critics of the law are making a point of the distorted sense of priorities among Canada’s currently ruling regime, where a large amount of money is to be spent here, while vital sectors – such as combating actual, real-life serious crimes face funding restrictions.
Some of the purely pragmatic opposition to the bill has to do with the belief that it will – while violating citizens’ freedoms and rights – actually, prove to be unable to tackle what it is supposedly designed to do – various forms of online harassment.
And that’s not all. “Canadian taxpayers will likely be stuck footing the bill for a massive bureaucracy that will allow Big Tech companies to negotiate favorable terms with non-elected regulators behind closed doors,” is how MP Michelle Rempel Garner articulated it.
New ‘Volunteer’ Legion in Poland: Blatant Scam to Force Ukrainians to Front Lines

Sputnik – 09.07.2024
A security pact inked by Ukraine’s Volodymyr Zelensky and Polish Prime Minister Donald Tusk on Monday outlines the creation and training of a so-called Ukrainian Legion. This new formation will recruit Ukrainian “volunteers” living in Poland and other EU countries.
“Among the citizens of Ukraine who fled to EU countries, there are no volunteers seeking to participate in the hostilities,” Igor Korotchenko, editor-in-chief of the National Defense magazine, told Sputnik. “Everyone who theoretically had the motivation to participate in the conflict would have returned to Ukraine a long time ago and, accordingly, would have joined combat units on the contact line.”
“Therefore, I think that this is an artificial simulacrum. They will forcefully recruit Ukrainian draft dodgers into this legion, one way or another, under pressure from local intelligence services and police forces,” the pundit continued.
In April, Poland and Lithuania signaled that they would assist the Kiev regime by sending potential draft dodgers home, despite demonstrating reluctance to extradite conscript-aged Ukrainians last year.
Polish Defense Minister Wladyslaw Kosiniak-Kamysz asserted on April 24 that “Ukrainian citizens have obligations towards the state,” while his Lithuanian counterpart Laurynas Kasciunas insisted that evading conscription was “not fair to those citizens who are fighting for their country.”
For months, EU member states had rejected Kiev’s request for repatriating Ukrainian men eligible for mobilization, citing European conventions that do not permit extradition in cases of desertion or draft evasion.
Speaking to reporters in April, Kosiniak-Kamysz and Kasciunas asserted that there were multiple ways the authorities could repatriate Ukrainians without resorting to deportation. These included implementing bans on social benefits, work permits, and necessary documentation, in addition to enacting specific legislation aimed at Ukrainian refugees.
Apparently, the Ukrainian Legion is yet another “legal” loophole to send Ukrainian refugees to the battlefield, according to Korotchenko.
“We are not talking about forced extradition, we are talking about forced enlistment in this foreign legion,” he stressed. “Human rights activists will obviously not be interested in whether [Ukrainians] enlist voluntarily. These procedures would de facto mean forced extradition after they join the legion. The mechanism that is taking shape is absolutely illegal, but has a veneer of legitimacy,” he explained.
EU Commission Urges Digital ID, E-Health Records, and Touts “Anti-Disinformation” Efforts in Digital Decade Report
By Didi Rankovic | Reclaim The Net | July 8, 2024
Earlier this week the EU Commission (EC) published its second report on what it calls “the state of the digital decade,” urging member countries to step up the push to increase access and incentivize the use of digital ID and electronic health records.
At the same time, the bloc is satisfied with how the crackdown on “disinformation,” “online harms,” and the like is progressing.
In a press release, the EC said the report was done to assess the progress made in reaching the objectives contained in the Digital Decade Policy Program (DDPP), targeting 2030 as the year of completion.
EU members have now for the first time contributed to the document with analyses of their national “Digital Decade strategic roadmaps.” And, here, the EC is not exactly satisfied: the members’ efforts will not meet the EU’s “level of ambition” if things continue to develop as they currently are, the document warns.
In that vein, while the report is generally upbeat on the uptake of digital ID (eID schemes) and the use of e-Health records, its authors point out that there are “still significant differences among countries” in terms of eID adoption.
To remedy member countries falling short on these issues, it is recommended that they push for increased access to eID and e-Health records in order to meet the objectives set for 2030.
The EU wants to see both these schemes available to 100% of citizens and businesses by that date – and reveals that eID is at this point available to 93% of citizens across the 27 of the bloc’s countries, “despite uneven take-up.”
Still, the EC’s report shows that policymakers in Brussels are optimistic that the EU digital ID Wallet will “incentivize” eID use.
And, the document’s authors are happy with the way the controversial Digital Services Act (DSA) is getting enforced. Critics, however, believe it is there to facilitate crackdowns on speech – under the guise of combating “disinformation,” etc.
The EU calls this, “strengthening the protection against online harms and disinformation,” while also mentioning that it is launching investigations (into online platforms) to make sure DSA is enforced.
And in order to reinforce the message that DSA is needed as a force for good, the report asserts that “online risks are on the rise and disinformation has been identified as one of the most destabilizing factors for our societies, requiring comprehensive, coordinated action across borders and actors.”
3 Palestinians found dead after Israel released them
Press TV – July 8, 2024
Israeli forces have killed three more Palestinians shortly after their release from a detention camp in the occupied territories.
The bodies were found handcuffed and without clothing on Sunday in the vicinity of the Karam Abu Salem (Kerem Shalom) crossing in southern Gaza.
The three were among several Palestinians detained on Saturday.
Abdel Hadi Ghabayen said he went searching for his nephew, Kamel Ghabayen, early Sunday morning.
“I found him left on the ground along with the other two martyrs. They were without clothes, and their hands had plastic cuffs put on them by the Israeli army.”
Ghabayen said his nephew and the other two men were attacked by Israeli forces shortly after their release. One man was missing a leg, and his body was “in pieces.”
When Ghabayen tried to recover the man’s dismembered leg, Israeli troops “started shooting at me, so I stopped,” he said.
He later collected the bodies and took them in his truck to Nasser Hospital in Khan Yunis.
According to another released detainee, Israeli forces fired on them shortly after their release.
“We reached Karkar Street [in Gaza]. After 10 minutes of being there, we found a bomb thrown at the people with me. Thank God I was at the front. The bomb hit six or seven people who were detained with us. Thank God I am alive,” Mahmoud Abu Taha said.
Israeli forces recently killed more than a dozen Palestinian detainees, hours after releasing them from a detention center in the southern city of Rafah.
On June 6, the New York Times published a report with accounts of torture at Israel’s Sde Teiman camp. Israeli guards used sexual violence and electric chairs to shock detainees and forced them to sit on hot, electrified metal rods.
At least three dozen Palestinians from Gaza detained at the Sde Teiman detention facility have died, the Times reported.
Some of the former Gaza abductees have said they were blindfolded, beaten and bitten by dogs during detention.
Palestinians and international human rights observers arrested in Masafer Yatta, occupied West Bank
International Solidarity Movement | July 7, 2024
Israeli Occupation forces arrested three Palestinians, including a 14 year old child, together with three internationals (including a US citizen) and one Israeli human rights observer in at-Tuwani, Masafer Yatta, in the South Hebron Hills area.
This morning, armed Israeli settler shepherds invaded Palestinian land with their flocks, provoked the family that was working on their land and attempted to steal one of their donkeys. The Palestinians tried to prevent them from going on their land and were attacked by the settlers. They called the police to remove the settlers, but the army and police chose to arrest three Palestinians, one of whom is a 14 year old child, three international and one Israeli human rights observers. No settlers were detained. They have all been taken to an Israeli police station. As of 5.45 pm (Jerusalem time), the family has been released but the human rights observers remain under custody.
The family, including the child, was already detained for around 3 hours on their land a couple of weeks ago and they have suffered numerous attacks over the years from violent settlers and the army. A couple of weeks ago, settlers cut newly planted trees and destroyed the water connections.
Land theft and ethnic cleansing have spiralled since October 7 in Masafer Yatta, and in other areas of the occupied West Bank. Israeli settlers who live in illegal settlements have been heavily armed and have escalated harassment and threats towards Palestinian communities, with the backing of the Israeli occupation forces. Umm al-Khair, one of the villages in Masafer Yatta, has lately come under almost daily attack from settlers and the army. On June 26, occupation forces demolished a dozen structures in Umm al-Khair displacing dozens of residents, including children. Since then, settlers have raided the village, shot live ammunition, erected a tent in the village and destroyed the water system, leaving the whole community of Umm al Khair without access to water.
On July 4, settlers carried out a pogrom in the village of Khalet a Dabaa. About 200 settlers reached the village at midnight, set agricultural land and trees on fire and attacked villagers, shot live ammunition and kidnapped a villager. An Italian activist from the NGO Mediterranea was also badly beaten. There are daily incidents in Masafer Yatta, with settlers coming on what remains of Palestinian land to herd in order to harass and push Palestinians further away from their land.
These are not isolated incidents. They are a part of a bigger plan of annexation of the West Bank/Area C. Between October 7 and July 1, over 1,050 attacks from settlers on Palestinians have been recorded by OCHA. At the beginning of March, Israeli authorities approved the construction of almost 3,500 illegal housing units in settlements around the West Bank. More recently, almost 5,295 new illegal housing units have been approved. This all comes amidst the biggest land seizure in the West Bank in over 30 years. Far-right Finance minister Bezalel Smotrich has vowed to bring a million more settlers under his expansion plan.
In a quiet move, about a month ago, more control was moved from the Israeli army’s civil administration to the recently established governmental body “Settlement Administration”, led by Smotrich. Last Thursday, Orit Strock, Minister of Settlements and National Missions, was reported praising a master plan to build over 100 housing units in the South Hebron Hills area, saying this was “a miracle time” and “a sacred mission,” highlighting her efforts to invest in the area.
All of this is happening while the Israeli authorities are repressing human rights solidarity in the area, with at least six more international and three Israeli human rights observers banned from the area in the previous few weeks, with the aim of isolating Palestinian communities and promoting their propaganda unchecked.
Hamas denies Israeli allegations of presence in UNRWA school

Press TV – July 7, 2024
The Palestinian resistance movement Hamas has condemned a deadly Israeli attack on a UNRWA-affiliated school in central Gaza, dismissing as “pure lies and deception” Israel’s claim that resistance fighters had been present in the building.
Hamas in a statement on Saturday called the Israeli airstrike on Al-Jaouni school, a UN-run school sheltering 7,000 displaced people at Nuseirat refugee camp in central Gaza, a “horrific massacre” in which 16 Palestinians were killed and many others wounded.
The Palestinian group’s statement came after the Israeli forces claimed the UNRWA-run school was used by Hamas fighters as a command center.
“This criminal enemy is trying to pass and market its crimes to public opinion, and hide its clear objectives, which it seeks to implement by exterminating our Palestinian people and destroying all the components of life in the Gaza Strip,” Hamas said in the statement.
Hamas’s statement noted that shelters, schools, and UNRWA facilities have been systematically targeted and destroyed, resulting in the killings of hundreds of displaced individuals, including children, women, and the elderly.
“The number of UNRWA facilities targeted has reached one hundred and ninety centers, confirming the criminal intentions of the fascist occupation government and its pursuit of destruction and inflicting the maximum number of unarmed civilians inside, in a continuation of the war against our people,” the statement added.
Hamas labeled the Israeli attacks as war crimes and blatant violations of international law, urging the international community to take a firm stand in denouncing these attacks, taking action to stop them, and ensuring that those responsible, including occupation leaders, are held accountable for their actions.
Moreover, the Popular Front for the Liberation of Palestine in a statement strongly condemned the Israeli assault on Al-Jaouni school, describing it as a new chapter of Zionist brutality that highlights a surge in Zionist aggression backed by the American government.
“These massacres will not undermine the determination and steadfastness of our people, who refuse to succumb to oppression, massacres, and aggression. The enemy will certainly pay the price for its crimes,” the statement added.
The United Nations agency for Palestinian refugees (UNRWA) announced that 250,000 people have been impacted by Israel’s latest evacuation order for parts of southern Gaza.
The mass displacement of Gaza in the war-torn territory comes amid the World Health Organization’s warning of a public health catastrophe as it says diarrhea, chickenpox and jaundice are spreading fast among Gaza’s displaced population due to lack of clean water and personal hygiene materials.
More than 38,098 Palestinians, mostly women and children, have been killed and 87,705 wounded so far throughout Israel’s brutal military onslaught.
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)
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.





A roving reporter who covered Italy’s top politicians explains to The Grayzone how his country was reduced to a joint US-Israeli “aircraft carrier,” and raises troubling questions about an Israeli role in the killing of Prime Minister Aldo Moro.