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Missouri and Louisiana, joined by scientists and conservatives whose posts were censored, sued to protect their First Amendment rights. The issue in Missouri v. Biden [is] whether government officials can be held responsible for their censorship. Judge Terry Doughty ruled they can and his 155-page opinion describes disturbing coordination between the government and tech firms to suppress unpopular views, especially on Covid-19. White House officials and public-health agency leaders held biweekly meetings with tech companies over how to curb the spread of misinformation. Former White House director of digital strategy Rob Flaherty and Covid-19 adviser Andy Slavitt were in constant contact with social-media executives. Officials weren't merely flagging false statements. They were bullying companies to censor anything contradicting government guidance. On July 16, 2021, the President accused social-media companies of "killing people." Judge Doughty concludes from all this that "the public and private pressure from the White House apparently had its intended effect." All 12 people dubbed the "Disinformation Dozen" by the Center for Countering Digital Hate were censored, and pages, groups and accounts linked to them were removed. Some Covid claims flagged by the White House were ... scientifically debatable–for instance, that vaccines can cause Bell's palsy and multisystem inflammatory syndrome in children, and that Covid had a 99.96% survival rate.
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A federal judge on Tuesday blocked key Biden administration agencies and officials from meeting and communicating with social media companies about "protected speech," in an extraordinary preliminary injunction in an ongoing case. The injunction came in response to a lawsuit brought by Republican attorneys general in Louisiana and Missouri, who allege that government officials went too far in their efforts to encourage social media companies to address posts that they worried could contribute to vaccine hesitancy during the pandemic. Over the last five years, coordination and communication between government officials and [social media] companies increased. Public health officials also frequently communicated with the companies during the coronavirus pandemic. The injunction was a victory for the state attorneys general, who have accused the Biden administration of enabling a "sprawling federal 'Censorship Enterprise'" to encourage tech giants to remove politically unfavorable viewpoints and speakers. The judge, Terry A. Doughty, has yet to make a final ruling in the case, but in issuing the injunction, he signaled he is likely to ... find that the Biden administration ran afoul of the First Amendment. The state attorneys general have argued that starting in 2017 ... officials within the government began laying the groundwork for a "systemic and systematic campaign" to control speech on social media. These efforts accelerated in 2020 ... amid the response to the outbreak of the coronavirus pandemic.
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On July 4, U.S. District Judge Terry Doughty temporarily blocked numerous federal agencies and the White House from collaborating with social-media companies and third-party groups to censor speech. Discovery in Missouri v. Biden exposed relationships among government agencies and social-media firms and revealed an additional layer of university centers and self-styled disinformation watchdogs and fact-checking outfits. Elon Musk's release of some of Twitter's internal files revealed that up to 80 Federal Bureau of Investigation agents were embedded with social-media companies. The agents mostly weren't fighting terrorism but flagging wrongthink by American citizens, including eminent scientists who suggested different paths on Covid policy. The U.S. government spent $6 trillion to buoy its shuttered economy, and most people got Covid anyway. Excess mortality in most high-income nations was worse in 2021 and 2022 than in 2020, the initial pandemic year. Sweden, which didn't have a lockdown, performed better than nearly every other advanced nation. Hiding these realities has become more difficult in the internet age. The information explosion has allowed more people to spot quickly the mistakes of officials. Those in charge feel threatened. Digital censorship is their response to this crisis of authority. True, misinformation is rampant online. But it was far worse before the internet, when myths could persist for centuries.
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The Washington Post has published at least four long articles dismissing the censorship revealed by the Twitter Files and Missouri v. Biden lawsuit, which is headed to the Supreme Court. By contrast, in its story on the censorship of pro-Palestinian voices, the Washington Post expresses great skepticism of Big Tech and sympathy for the people censored — the exact opposite of how it treated the issue when it was non-Leftists who were being censored. To be sure, there has been a concerning increase in demands for censorship and blacklisting since the October 7 Hamas attacks. New York University appears to be investigating a student who said, “Israel bears full responsibility for this tremendous loss of life.” But the alarm that the news media are raising is in striking contrast to the indifference ... to the evidence of governmental and nongovernmental censorship of a variety of disfavored views and voices relating to climate change, Covid, Ukraine, and the Biden family’s influence-peddling. Media outrage about censorship of pro-Palestinian voices sent social media platforms scrambling in order to end the censorship. The Washington Post’s queries forced at least one social media company to stop censoring. “After The Washington Post sent questions to TikTok about the video, the sound was restored.” A Meta spokesperson said a “bug” had caused some of the trouble. “We fixed a problem that briefly caused inappropriate Arabic translations in some of our products,” the statement said.
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Dr. Anthony Fauci, White House Press Secretary Karine Jean-Pierre, other Biden administration officials and five social media companies have 30 days to respond to subpoenas in a lawsuit alleging collusion to suppress freedom of speech. Discovery requests were served to ask for information and documents from ... NIAID, CDC, ... Surgeon General Vivek Murthy, and Nina Jankowicz, who led the DHS Disinformation Governance Board until it was disbanded. Also requested were any communications to any social media platform relating to the “Great Barrington Declaration,” [which] was published in response to COVID-19 policies that recommended “focused protection,” an approach to reaching herd immunity by allowing those at minimal risk of death to live normal lives by building up immunity through natural infection while protecting those at highest risk. A media release from [Missouri Attorney General Eric] Schmitt ... stated information requested was identifying all communications with any social media platform relating to content modulation and/or misinformation. It requests all communications with Mark Zuckerberg from Jan. 1, 2020, to the present. “In May, Missouri and Louisiana filed a landmark lawsuit against top-ranking Biden Administration officials for allegedly colluding with social media giants to suppress free speech on topics like COVID-19 and election security,” Schmitt said. “Earlier this month, a federal court granted our motion for expedited discovery. We will fight to get to the bottom of this alleged collusion and expose the suppression of freedom of speech by social media giants at the behest of top-ranking government officials.”
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A federal judge issued a preliminary injunction on Tuesday to halt the start of President Biden’s national vaccine mandate for health care workers, which had been set to begin next week. The injunction, written by Judge Terry A. Doughty, effectively expanded a separate order issued on Monday by a federal court in Missouri. The earlier one had applied only to 10 states that joined in a lawsuit against the president’s decision to require all health workers in hospitals and nursing homes to receive at least their first shot by Dec. 6 and to be fully vaccinated by Jan. 4. “There is no question that mandating a vaccine to 10.3 million health care workers is something that should be done by Congress, not a government agency,” Judge Doughty ... wrote. He added: “It is not clear that even an act of Congress mandating a vaccine would be constitutional.” The judge ... also wrote that the plaintiffs had an “interest in protecting its citizens from being required to submit to vaccinations” and to prevent the loss of jobs and tax revenue that may result from the mandate. In leading a 14-state lawsuit against the mandate, Attorney General Jeff Landry of Louisiana said the federal mandate would blow holes in state budgets and exacerbate shortages in health care facilities. The Biden administration tied compliance with the vaccine mandate to federal funding, requiring immunizations of millions of workers at hospitals, nursing homes or other health facilities that heavily rely on the Medicare or Medicaid programs.
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