Free Speech on Trial: RFK Jr. Battles Biden Over Alleged Social Media Censorship

The Kennedy et al. v. Biden et al. lawsuit on Tuesday heard oral arguments presented by Robert F. Kennedy Jr. and Children’s Health Defense (CHD), who are suing the Biden-Harris administration, alleging its collusion with Big Tech to censor what should be protected online speech.

Listen to the oral arguments here.

Anthony Fauci is named as a defendant along with Biden, and they are accused of carrying out a systematic and concerted campaign in order to “compel the nation’s three largest social media companies to censor constitutionally protected speech,” the filing states. The companies in question are Facebook, YouTube, and Twitter.

The legal battle is now taking place in the 5th Circuit US Court of Appeals, which is set to decide whether the case has standing to proceed – that is, whether the actions they are suing over have resulted in direct and concrete injuries that a court can redress.

Previously, as CHD General Counsel Kim Mack Rosenberg recalled, a lower court ruled that Kennedy and CHD – who brought the suit along with another plaintiff, Connie Sampognaro – had legal standing (while Sampognaro did not), and the court of appeals will now accept or reject that opinion.

Another consideration before the judges is the injunction by the Louisiana court, where the case was filed in the spring of last year, and whether to uphold it. If the 5th Circuit goes with the lower court’s position, the Biden-Harris White House’s “coordination” with social platforms will have to be put on hold pending the outcome of these proceedings.

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Senators Demand Answers on CISA’s Role in 2024 Election Oversight

US Senators Roger Marshall, Bill Hagerty, and Eric Schmitt have sent a letter to the Cybersecurity and Infrastructure Security Agency (CISA), regarding its involvement in flagging online content.

CISA is an agency within the Department of Homeland Security (DHS), and the three Republicans want to know how it is preparing for the November elections – given, as they spell it out in the letter, CISA’s “past mistakes that put the agency in direct conflict with the First Amendment.”

We obtained a copy of the letter for you here.

The senators specifically want to know how CISA is organizing and working now, to avoid repeating those same mistakes – namely, monitoring, flagging, and censoring political speech.

Even more specifically – the point is to make sure that there is acknowledgment from CISA that it will not engage in the same kind of activities, this electoral cycle around.

The letter cites the House Judiciary Committee reports as the basis for the senators’ belief this type of censorship was happening back in 2020.

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Arizona State University Caught in Free Speech Tug-of-War Over Gov-Funded “Disinformation” Battle

Arizona State University (ASU) is a public school and therefore undisputed subject to the US Constitution’s free speech rules. Yet a new Freedom of Information Act (FOIA) demonstrates that it was prominently involved in working with, and on behalf of the US government. To affect free speech.

That would be a blatant example of what Congress is investigating and what the critics are calling Big Tech-(Big) Government collusion, given that the target of the “collaboration” the university was involved in was online “disinformation.”

The thing to remember when talking about this collusion is that the current White House had enough wits about it to never make a “beeline” reaching the end result of censorship. From what is known from the congressional probe and the Twitter Files alone, this was always instead a meandering effort that included many seemingly intermediary and/or legitimate actors.

According to James Rushmore for Racket News, in this case, ASU was the recipient of grants (and, in line with the overall “process” – the purpose of the one given in January 2024 and reported by the Washington Examiner is not clearly stated). The grant though did come from the State Department’s Global Engagement Center (GEC).

In and of itself, not ring many alarm bells – until the reason behind it, and the activities of GEC are taken into account. Those activities, in the case of ASU’s involvement, meant working with government agencies to flag what was decided to be disinformation, but also something referred to as “falsified media.”

The obsession with “Russian disinformation” featured here as well, a hallmark of “arguments” of the political party that came to power in 2020 in the US. But also a hallmark that had been introduced into public discourse with the party’s defeat four years earlier. The claims have since, but it seems to no avail, been thoroughly debunked.

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FEMA Public Affairs Chief Locks Her X Account Amid Outrage Over Agency’s Disastrous Hurricane Response

FEMA Public Affairs Director Jaclyn Rothenberg locked her X account Saturday amid widespread outrage over the agency’s disastrous hurricane response in affected states.

How ironic, given Rothenberg is the agency’s “seasoned on-the-record spokesperson” whose only task is media relations and crisis communications.

FEMA’s website explains Rothenberg’s role in the agency:

Jaclyn is an appointee in the Biden-Harris Administration and was sworn in as the Director of Public Affairs at the Federal Emergency Management Agency (FEMA) in July 2021. Jaclyn is a public affairs, media relations, crisis communications strategist and seasoned on-the-record spokesperson. She has advised C-suite executives, high-profile elected officials, and political leaders operating on national and local stages. With nearly 15 years of experience, she understands the varying perspectives media, state, local and congressional leaders have on key issues and approaches her work with anticipation of how each stakeholder will react. 

However, Rothenberg’s official government account remains open.

Rothenberg’s move comes as the agency faces heavy criticism for its delayed response to the devastation left by Hurricane Helene in North Carolina, Tennessee, Georgia, and Florida, with over 220 dead, hundreds missing, and millions of people still left without power over a week after the storm ripped through the South.

FEMA has not only been slow to respond, but according to Department of Homeland Security Secretary Alejandro Mayorkas, the agency doesn’t even have the funding to adequately address the crisis.

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Hillary Clinton says social media companies need to moderate content or ‘we lose total control’

Former Secretary of State Hillary Clinton said Saturday that social media companies must moderate content on their platforms or else “we lose total control.”

Clinton told CNN host Michael Smerconish that while there have been some steps taken at the state level to regulate social media, she wants to see more done by the federal government to moderate content.

“We can look at the state of California, the state of New York, I think some other states have also taken action,” Clinton said.

“But we need national action, and sadly, our Congress has been dysfunctional when it comes to addressing these threats to our children,” she added.

Clinton said she believes the issue should be “at the top of every legislative political agenda” and called for the repealing of Section 230 of the Communications Act, which protects online platforms from being held liable for third-party content, such as user content on social media. This immunity applies to the content itself and the removal of content in certain circumstances.

“We should be, in my view, repealing something called Section 230, which gave, you know, platforms on the internet immunity because they were thought to be just pass-throughs, that they shouldn’t be judged for the content that is posted,” Clinton said.

“But we now know that that was an overly simple view, that if the platforms, whether it’s Facebook or Twitter/X or Instagram or TikTok, whatever they are, if they don’t moderate and monitor the content, we lose total control,” she continued. “And it’s not just the social and psychological affects, it’s real life.”

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Censorship Allegations Resurface as New Demonetization Coalition Takes Shape

A new organization has emerged, seemingly as a successor to the Global Alliance for Responsible Media (GARM), which disbanded in early August under a cloud of controversy and accusations of corporate censorship, according to a new letter.

This new entity dubbed the “Dentsu Coalition,” was formed by Dentsu, a major Japanese PR firm and original GARM member, alongside The 614 Group, a prominent ad consulting firm. Their stated mission is to bolster “credible news” and foster a thriving journalistic environment through the collective effort of leading advertising industry figures.

However, Rep. Jim Jordan (R-OH), chairman of the House Judiciary Committee, expressed concerns in a letter sent to Dentsu Americas CEO Michael Komasinski that the Dentsu Coalition might be walking a path similar to its predecessor. Jordan highlighted that GARM, during its operation, engaged in practices that appeared to suppress certain media voices by guiding major advertisers on which news sources were deemed “credible,” with a noticeable bias favoring left-leaning media. He noted that these practices could potentially violate the Sherman Act by unlawfully restraining trade under the guise of social justice.

We obtained a copy of the letter for you here.

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FEMA under Biden now CONFISCATING donations made to Hurricane Helene survivors

Social media is abuzz with reports that the Biden regime is working against the people of Appalachia when it comes to victims of Hurricane Helene receiving donations and supplies for recovery.

An individual named Alicia Schubert told a story on Facebook about how the aid that recently arrived from the Red Cross and FEMA was confiscated by the Biden regime, preventing it from being distributed to people in need.

“Starting with Davy Crockett High School, they are taking over all volunteer schools in Washington County and Greene County,” Schubert claimed in a post about the situation in eastern Tennessee.

“In order for anyone to get donations that were given, they must be approved. All monetary donations have been taken as well and placed into a TEMA account. If you are unaware of how that works, those items don’t all get used for this particular disaster.”

Schubert says that volunteers who arrived to the damaged areas are being turned away and told to leave. The only ones who are allowed to stay are those who first get trained by United Way, she says.

“Please, I know I already made a post on Red Cross and FEMA the other day, but please if you donate, donate to a church or give to individuals,” Schubert urges.

“They cannot take supplies from churches! Church members will make sure your donations get into the correct hands.”

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Rep. Adam Schiff and Other Democrats Demand Social Media Companies Censor “Misinformation” and “Disinformation” This Month

In the US, the Democrats continue with their sustained efforts to pressure major social media platforms, now about a month ahead of the presidential election.

The Twitter Files give some idea about what may be happening behind closed doors (if previous campaigns/elections are any indication), but this is about public pressure. This time, Congressman Adam Schiff’s turn is to “demand action” from companies behind social media.

Meta (Instagram separately), X, Google (and YouTube separately), TikTok, Snapchat, YouTube, and Microsoft are the recipients of a letter Schiff signed along with seven fellow members of the House of Representatives (four of them, like Schiff, California Democrats).

We obtained a copy of the letter for you here.

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The Digital Puppeteers: Big Tech’s Influence On Society

Tech companies have revolutionized the modern age, allowing for transcontinental communication, instant access to information, and unprecedented connectivity between people worldwide. But this revolution has come at a cost; these companies have undue influence over our lives, possessing the capability to shape public discourse, consumer behavior, and even political outcomes.

The scale of Big Tech’s market dominance is staggering. Google controls 81% of all general searches and Meta’s Facebook, Instagram, and WhatsApp collectively boast 3.27 billion daily active users. Amazon commands almost 50% of all U.S. e-commerce. These figures demonstrate how a handful of companies can wield unprecedented power over our digital lives.

This concentration of power allows Big Tech firms to design markets in ways that benefit themselves and stifle competition. It can result in higher prices for consumers and reduced innovation as smaller competitors are squeezed out.

The impact of this monopolistic control extends beyond economic concerns to the sanctity of our democratic discourse. As these platforms have become the de facto public squares of the digital age, their content moderation policies and algorithmic decision-making wield enormous influence over what information reaches the public.

Big Tech’s selective censorship has become increasingly apparent, with conservative voices often bearing the brunt of content moderation. In 2020, a New York Post exposé on Hunter Biden’s laptop was suppressed on both Twitter and Facebook. After the first Trump assassination attempt, Google intentionally omitted search results which referenced the attack, despite providing suggestions for historical assassination attempts on other presidents. These incidents highlight the growing concern over Big Tech’s power to shape public discourse through selective content moderation

At the core of this issue lies Section 230 of the Communications Decency Act of 1996, which shields interactive computer services from liability for content posted by users. While originally intended to promote free speech online, this provision has become a double-edged sword. It allows platforms to avoid responsibility for harmful or false content while simultaneously giving them broad discretion to censor or promote content as they see fit.

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Facebook Gave CDC ‘Backdoor’ Access to Help Remove Millions of Social Media Posts

Facebook provided the Centers for Disease Control and Prevention (CDC) “backdoor” access to its platform so the CDC could submit requests to remove COVID-19 “misinformation,” according to an internal Facebook document made public for the first time as part of an ongoing legal case.

America First Legal filed a Freedom of Information Act (FOIA) request in 2021, after then-White House Press Secretary Jen Psaki revealed the Biden administration was flagging purported “disinformation” on social media platforms, including content posted by members of the so-called “Disinformation Dozen.”

When the Biden administration didn’t comply with the FOIA request, America First Legal sued, leading to the release of the documents as part of the discovery process.

According to Reclaim the Net, in 2021, Facebook developed a “Content Request System” (see pages 54-72) — also called a “Government Reporting System” — accessible to CDC staff. The documents show Facebook “was operating as the de facto enforcement arm of the US government’s thought control initiative.”

The Facebook-CDC partnership helped Facebook remove millions of posts, the documents show.

Gene Hamilton, executive director of America First Legal, told The Defender, “These documents show precisely how one of the social media platforms facilitated the federal government’s engagement in unconstitutional censorship activities.”

“The federal government cannot violate the First Amendment by outsourcing censorship to the private sector, yet these documents clearly show that Facebook and the Biden-Harris administration collaborated and colluded on removing speech that did not comport with the federal government’s preferences,” Hamilton said.

Tim Hinchliffe, editor of The Sociable, told The Defender that following the release of the “Twitter Files,” it should not come as a surprise “that the government has been actively trying to censor citizens through back doors and loopholes.”

“This censorship effort is yet another example of a public-private collaboration that fuses corporation and state,” Hinchliffe said. “Where the government can’t legally censor, it has the private sector to do its bidding. The question here is how much coercion was needed for Facebook to provide the backdoor?”

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