There were two astonishing developments this week in the Biden administration’s continuing attack on free speech. First, just days ahead of the Supreme Court’s decision on whether to uphold the Fifth Circuit’s injunction against the administration’s extensive censorship enterprise, a second White House press secretary strongly encouraged the media to chill political debate. Second, Karine Jean-Pierre was masterful in her delivery of the new Biden attack line on “cheap fakes.”
To set the stage: last year, the Fifth Circuit Court of Appeals unanimously upheld a federal district court’s finding that the evidence likely established that the Biden Administration, including then spokesperson Jen Psaki, had engaged in a broad attack on free speech in violation of the First Amendment. It issued an injunction prohibiting the White House and other federal agencies from taking “actions, formal or informal, directly or indirectly, to coerce or significantly encourage social-media companies to remove, delete, suppress, or reduce… social-media content containing protected free speech.”
The government appealed to the Supreme Court, which stayed enforcement of the injunction, pending its review. The Court heard oral argument in March. The administration might prevail, despite browbeating social media into blocking core political speech, including criticism of Biden, humor, and discussion of the Hunter Biden laptop. Yes, that same laptop the Justice Department and FBI just admitted were legitimate and tamper-free. A decision is expected within 10 days.
Now, KJP and the administration are doubling down. Attacking a new category of “cheap fake” videos, KJP blasted the media for publishing unaltered video of the president’s frailties. Her objection appears to be that by presenting information about the president out of the context preferred by the administration, this video is, in effect, fake. See here.
While the administration was unclear about the missing context, I infer that it prefers a focus on the presumed majority of the president’s 10 AM to 4 pm, Monday-to-Friday workday during which he is not frozen, wandering aimlessly, mumbling incoherently, or blanking out. I understand that preference, but it is unseemly, and depending on next steps, may be unconstitutional, for a government official, speaking from the White House, to seek to chill free speech.