Revenge of the Praetorian Guard

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from Brownstone:

There was no censorship, but it’s good that they censored misinformation.

Defenders of the Covid regime have adopted this Doublethink in response to Judge Terry Doughty’s recent injunction against the government’s collusion with Big Tech. As Orwell describes in 1984, they “hold simultaneously two opinions which cancel out, knowing them to be contradictory and believing in both of them.”

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Consider the language of the Biden administration’s call for an “emergency stay” of the injunction from Missouri v. Biden that stops the government from telling social media companies what they should and should not allow their users to post. The appeal says government is not censoring but must have the power to continue “working with social media companies on initiatives to prevent grave harm to the American people and our democratic processes.”

Grave harm…from free speech!

Harvard Law Professor Larry Tribe exemplifies this authoritarian advocacy. For decades, Tribe built a reputation as a legal scholar. He authored the country’s leading constitutional law treatise, advised presidents, and appeared on television as a legal commentator.

But age has a way of eroding veneers. Tribe is a defender of a political regime, a member of a Praetorian Guard comfortable with abolishing constitutional liberties when it advances his political preferences.

In the last three years, Tribe has argued that Russian President Vladimir Putin rigged the 2016 presidential election for “Thief in Chief, Donald Trump,” led the Justice Department to argue that the CDC eviction moratorium was constitutional, and successfully lobbied President Biden to unilaterally cancel student loans.

If he were on the other side of the aisle, Mr. Tribe might be accused of spreading misinformation and unconstitutional theories that threatened our democracy. Instead, he continues to serve as a mouthpiece for the country’s most powerful forces.

On Wednesday, Tribe co-authored an article with Michigan Law Professor Leah Litman attacking Judge Doughty’s injunction against the federal government’s collusive censorship of its political opponents. Their argument is notable for its false assertions of fact and improper implications of law. They remain obtuse to the allegations in the case, the principles of the First Amendment, and the historical ploys to overturn civil liberties. All the while, they maintain a posture of moral superiority that the Biden White House has mimicked.

A “Thoroughly Debunked Conspiracy Theory”

The professors begin their article with a false premise: “The impetus behind the case is the now thoroughly debunked conspiracy theory that the government is somehow strong-arming Big Tech into censoring conservative speech and speakers in violation of the First Amendment.”

They don’t offer an explanation for this description. They fail to address the documented censorship of Alex Berenson, Jay Bhattacharya, the Great Barrington Declaration, Robert F. Kennedy, Jr., and others. There is no mention of Facebook banning users who promoted the lab-leak hypothesis after working with the CDC, the Biden Administration’s public campaign urging social media companies to censor dissent in July 2021, or the Twitter Files’ documentation of the US Security State’s influence on Big Tech.

Instead, Tribe and Litman dismiss censorship as a thoroughly debunked conspiracy theory. They didn’t need to look far for examples – the opinion documents multiple instances of the coordination between Big Tech and the Biden White House in silencing opposition.

“Are you guys fucking serious?” White House Advisor Rob Flaherty asked Facebook after the company failed to censor critics of the Covid vaccine. “I want an answer on what happened here and I want it today.”

At other times, Flaherty was more direct. “Please remove this account immediately,” he told Twitter about a Biden family parody account. The company compiled within an hour.

His boss demanded Twitter remove posts from Robert F. Kennedy, Jr., writing: “Hey Folks-Wanted to flag the below tweet and am wondering if we can get moving on the process of having it removed ASAP.”

There are too many incidents to list, but it is clear that censorship was more than a thoroughly debunked conspiracy theory. Either Tribe did not read the decision, or his ideology blinded him from reality.

“A cesspool of disinformation”

The professors’ debunked conspiracy theory premise contradicts their position later in the article.

Like many of their peers, Tribe and Litman hold an incompatible set of views: on one hand, they argue that allegations of censorship are illusory. At the same time, they argue that the government is justified in suppressing speech because of the dangers of “disinformation.”

Censorship doesn’t exist, but it’s good that it does.  

They write that the ruling incorrectly defends Americans’ right of “existing in a cesspool of disinformation about election denialism and COVID.” They hold that this is an incorrect application of the First Amendment. The natural corollary to their argument would be that the government is justified in censoring “disinformation.”

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