March 18: When Free Speech Stands Trial

What Happened to Liberalism? [The Daily Reckoning] March 01, 2024 [WEBSITE]( | [UNSUBSCRIBE]( March 18: When Free Speech Stands Trial Annapolis, Maryland Editor’s note: The Supreme Court is scheduled to hear a landmark case about free speech in under three weeks. Free speech is the topic of today’s reckoning. First we post our prior reflections on free speech. Then Jeffrey Tucker breaks down the upcoming Supreme Court case for you. [Brian Maher] BRIAN MAHER Dear Reader, Liberal: A supporter of a political and social philosophy that promotes individual rights, civil liberties, democracy and free enterprise. There you have the dictionary’s liberal, Mr. Webster’s liberal. This liberal is a spacious and tolerant fellow. This fellow is all right. His liberalism is… if we can say it for ourself… the liberalism of The Daily Reckoning. We are with Mr. Jefferson: “It does me no injury for my neighbor to say there are 20 gods, or no god. It neither picks my pocket nor breaks my leg.” Nor does it pick our pocket — or break our leg — if a man believes the United States is the greatest nation of Earth or the least nation of Earth… Or if he lists politically to starboard or politically to port… Or if he believes Donald John Trump is an angel of God or an angel of Satan... Or if he believes Joseph Robinette Biden is a sharp tack or a dull, dull blade. It is all one to us — so long as he respects our pocket — and our leg. Yet we fear today’s “liberalism” is not Webster’s liberalism. We fear pirates have hijacked liberalism. And they steam under false colors. Consider, for example, free speech. Pew Research reports: The share of U.S. adults who say the federal government should restrict false information has risen from 39% in 2018 to 55% in 2023… Democrats are more supportive than Republicans of tech companies and the U.S. government restricting extremely violent content and false information online. The partisan gap in support for restricting false information has grown substantially since 2018. “False information” according to whom? Recall the great plague of 2020. Government — in active conspiracy with “social” media outlets — taped the mouths of authentic experts who flouted the government position… On facial masking, on medications, on vaccines. Subsequent evidence has validated and vindicated many of the muted. Whose information, then, has proven false? And why should you trust them? The only forbidden opinion — in our opinion — is the opinion that forbidden opinions exist. If an opinion is horrifically toxic, take it outside. Expose the thing to the light of day. Let the sunlight disinfect it — if solar disinfection it requires. If it withstands trial by solar radiation, then it withstands trial by solar radiation… whomever it offends. And if it fails the solar trial, it fails before the world’s judging and knowing eyes. Keep it dark and the thing spreads and spreads… like mushrooms in a dank cave. Yet many of today’s “liberals” — by no means all, in fairness — would keep it dark. But why? What happened to the customary liberal of open mind and spacious spirit? We believe we harbor the answer. We further believe the answer reduces to one word: Power. In the 1960s “liberals” decried and denounced “the man” — the oppressive man. Yet they have since taken their long march through the institutions… Goose-stepping through the professors’ lounges of the universities… through the halls of bureaucracy… through the newsrooms… through the production studios… through the human resources departments of corporations. Once safely inside, they raised the drawbridges and pulled up the ladders. Society’s commanding heights were theirs. Thus yesterday’s dissenting liberals have become today’s conformist authority. They have become… in brief… the very man they once opposed. And the man does not abide dissent — be he left, be he right. To him, dissent is of the devil. As are the dissenters themselves. That is, today’s liberal is often a theist out to scotch sin rather than a detective out to hunt truth. Is it any wonder that trust in the Central Intelligence Agency and the Federal Bureau of Investigation is presently greatest among liberals? The Daily Reckoning is not merely bipartisan. It is anti-partisan — and fiercely anti-partisan. Why then are we training our cannons on liberals today? It is because we have something to say and we like to say it. We like to hear ourself chirp. We merchant opinion — often disreputable opinion. This sets us crosswise with today’s mouth-tapers. Ours is a tiny, tiny voice. We are but a minnow among whales. Yet we will not be told what we can say… and what we cannot say. If the censor’s tape comes out, our blood goes up, our back goes up — and our dukes go up. And as we see it, the principal threat to speech springs primarily from one side of the political divide — at least today. If the other side comes for speech, you can just bet we will have something to say about that too. Here is our eternal bellow: Free speech yesterday, free speech today, free speech tomorrow, free speech forever and ever… world without end. Below, Jeffrey Tucker shows you how free speech faces federal trial in under three weeks — on March 18 in particular. What is at stake? Read on… Regards, [Brian Maher] Brian Maher Managing Editor, The Daily Reckoning [feedback@dailyreckoning.com.](mailto:feedback@dailyreckoning.com) Editor’s note: Recently, tech investing legend James Altucher made a [bold prediction]( about Apple’s first market disruption in 17 years. What he had to say was startlingly different than anything being reported in the media. Thousands of people tuned in. Those who watched us live had the chance to act early on [a rare 1,000% profit potential opportunity]( over the next decade. We shut down the presentation shortly after James’ prediction. But interest in James’ prediction has only increased… So for a small group of exclusive Paradigm Press readers, we are reopening our conversation for a limited time. [Watch it here.]( [Response Requested 1/1000th of an ounce of gold available for you]( As a reader of The Daily Reckoning, Jim Rickards is offering you 1/1000th of an ounce of gold when you upgrade your account. It will come in the form of a “Gold Back” - a new type of gold currency that’s starting to spread across America. If you have not responded to Jim’s offer yet, and want to know how to claim yours… Please click the link below for details. [Claim Your New Gold Back Currency Here]( The Daily Reckoning Presents: “Free speech is everything. If we don’t have that, we have nothing and freedom is toast”… ****************************** Free Speech on Trial By Jeffrey Tucker [Jeffrey Tucker] JEFFREY TUCKER In a lifetime of observing policy controversies and court cases, I’ve never witnessed anything as crucial to the future of the idea of freedom itself compared with what will transpire on March 18, 2024. On that day, the Supreme Court will hear arguments in Murthy v. Missouri concerning whether the government can force or nudge private companies to censor users on behalf of regime priorities. The evidence that they have been doing so is overwhelming. That’s why the 5th Circuit issued an emergency injunction to stop the practice on grounds that it is inconsistent with the First Amendment of the U.S. Constitution. The censorship industrial complex is working right now and hourly to delete free speech in America. That injunction was stayed pending a review by the highest court. The case itself hasn’t even gone to court. This decision is only about the injunction itself, which was issued based on the alarming results of discovery alone. Essentially, the lower court is screaming, “This must stop.” The Supreme Court is trying to assess whether the violations of liberty are extreme enough to justify a pre-trial intervention now. The Stakes A positive ruling for the plaintiffs doesn’t solve every problem but at least it will mean that freedom still stands a chance in this country. A ruling for the defense, which is essentially the government itself, will give license to every federal agency — including those that operate in secret like the FBI and CIA — to threaten every social media and media company in this country to delete any and all content that runs contrary to the approved narrative. There will be celebration in Washington if this happens. On the other hand, there will be tears if the court decides for the defense. It could be that the court will take an in-between position, refusing to let the injunction go ahead and promising some possible decision at a later date pending trial. That would be a disaster because it could mean three or more years of full censorship pending an appeal of whatever the outcome of the trial is. Free speech is everything. If we don’t have that, we have nothing and freedom is toast. All other problems pale in comparison. There are plenty of them, from health care to immigration, but if we don’t have free speech, we cannot get the truth out about any of them. The censorship industrial complex is wholly dedicated to making sure that we have no debates at all and that dissident voices are not even heard. Social Media Censors As it is, Google, Microsoft and Facebook — and many more besides — already heavily restrict speech. They work in cooperation with government and those tasked by government to do elite bidding. We know this for a fact. When Elon Musk took over Twitter, he discovered a vast censorship machine operating on behalf of the FBI and other agencies. Millions of posts were being taken down along with users. He has done his best to rip out the guts of this borg. Doing so entirely changed the character of the site. It became useful again. Not even the scale of the problem is widely understood. Usually people say that free speech is necessary to protect minority opinions. In this case, the numbers don’t matter to the censors. You could have 90% of users trying to advance an idea and still have it censored. This is what the old Twitter did. It was daily and hourly attacking the company’s user base. This was their job, no matter how much it contradicts the whole point of social media. This could pertain to EVs, gender transitions, lockdowns, immigration or anything else. Even now, the Google artificial intelligence engine extols the glories of lockdowns, masking and mass injections while completely ignoring contrary science. This is how they want things to be. Google’s search engine is no better. It might as well be a federal agency. The justices hearing the case will be in an awkward position. My guess is that none of them even knows that this is going on to the extent it is. They will likely be shocked when they look at the evidence providing that there is a trillion-dollar industry in full operation that has massively distorted the public mind. Every federal agency is involved, deeply embedded in the operations of all media companies and digital technology, which in turn requires universal surveillance and persecution of contrary voices. The Public Has Woken Up Until just a few years ago, this entire industry — which involves federal agencies, universities, nonprofits, shadow companies, bogus fact-checks, and every manner of spook-operated front companies — was not known to exist. Now that we know, we are shocked by the extent of it. It has invaded the whole of our lives to the point that we cannot tell the real news from that which is fed to us by intelligence agencies. Even worse, we’ve come to expect that most of what passes for approved opinion is flat-out false. [James Altucher: THIS is my top AI investment pick]( I’ve been called a “genius investor” by my fans… And an “eccentric millionaire” by some others. I think it’s because I make big predictions that tend to come true. Today, I’m making my boldest prediction ever. Revealing the AI stocks I believe… Could turn as little as $10,000… Into $1 MILLION over the next few years. To show you I’m serious about helping you get in on this opportunity, I’m giving away one of my top 5 AI 2.0 stock picks – free… [See My Top 5 Picks Here Now]( The justices will discover this truth. They will likely be astonished. But they will also be taken aback by how integral to our lives it has become. As it turns out, the federal government for nearly a decade has placed a very high priority on curating the public mind, lying at every turn for its own benefit and that of its industrial partners. Everyone in the old Soviet Union knew for sure that Pravda spoke for the Communist Party. But do people understand that their Google search results and Facebook timelines are no better? It’s not clear whether and to what extent people do understand this but it is our reality. Will the justices really be willing to pull the plug on the entire machinery? Doing that would be more disruptive of an established interest group than anything the court has done in many years or even ever. It would fundamentally change the way our technologies work. It would be devastating to federal agencies. Policing such a new system called free speech would be another matter entirely. It would mean that thousands of people would suddenly have nothing to do. That would be wonderful, but would it happen? Censorship: A Global Industry As I say, censorship is now an entire global industry. It involves the world’s most powerful foundations, governments, universities and influencers. It seems like everyone wants a part in crushing what they called “disinformation,” “misinformatison” and “malinformation,” which is true information that they don’t want out. We’re surrounded by this machinery of control and yet most people have no clue. Every federal agency at this point has taken it upon themselves to cajole every information provider into rigging the system so that only one perspective gets out. This has a massive impact on public opinions. As an example, four years ago, I wrote an article that accidentally made it through the censors and I watched as millions read my piece. Even now, I hear about it at cocktail parties coming from total strangers who don’t know that I’m the author. Nothing like that has happened since that magical day. Most of my writing goes into a dark hole, and this is despite writing daily for the fourth-largest newspaper and having access to a huge public forum at the Brownstone Institute. People without such access do not stand a chance. Their posts on Facebook are disappeared the instant they post, while YouTube slams their content as contrary to community standards, with no other explanation. Self-censorship has become the habitual practice of the intellectual class. Otherwise you only beat your head up against the wall and make yourself a target. Minute-by-minute in real-time, public opinion is being shaped by this wicked industry, which dramatically distorts political outcomes. As I say, this is surely the most important issue we face. A decision by the Supreme Court to let this go on — seeing no real issue here — will lead straight to our doom and the death of freedom itself. AI: A Totalitarian’s Dream There’s an additional problem that is very serious. These days, there is a massive race on to program censorship into the algorithms themselves so that no one is actually doing it, so that there cannot be any real defendants in a case against them. AI will soon be running everything so that Google and Facebook, etc., can simply say that their machine learning is doing the dirty work. Perhaps one of the reasons AI has hit us with such a rush is precisely because of this case before the court. The deep state and its industrial partners are not going to give up easily. Everything depends on their victory over free speech, so far as they are concerned. That’s why everyone should hope for a sweeping statement by the Supreme Court that reaffirms the fundamental American commitment to have government completely out of the business of manipulating public opinion through curating what information you see and read and what you do not see and read. It’s tragic that such a fundamental human right should so heavily depend on the majority decision of this one body. It’s not supposed to work this way. The First Amendment is supposed to be law but these days, but the government has built an entire empire around the idea that it simply does not matter. The job of the Supreme Court is to remind our overlords that the people are not merely putty in the hands of deep state agents. We have fundamental rights that cannot be abridged. There is a rally scheduled outside the court on March 18, with many speakers making themselves available to the press. Note the sponsoring organizations: These are the freedom fighters in America today. You are welcome to join us. It won’t sway the court, of course. And the crowds will surely be thinner than they otherwise would be given how much success the censorship industry already enjoys. Still, it’s worth a shot. Truly, we should all shudder to think of the future of American freedom in absence of a decisive statement by the court on behalf of the basic liberty the Framers intended be protected for everyone. Regards, Jeffrey Tucker for The Daily Reckoning [feedback@dailyreckoning.com.](mailto:feedback@dailyreckoning.com) Ed. note: Recently, tech investing legend James Altucher made a [bold prediction]( about Apple’s first market disruption in 17 years. What he had to say was startlingly different than anything being reported in the media. Thousands of people tuned in. Those who watched us live had the chance to act early on [a rare 1,000% profit potential opportunity]( over the next decade. We shut down the presentation shortly after James’ prediction. But interest in James’ prediction has only increased… So for a small group of exclusive Paradigm Press readers, we are reopening our conversation for a limited time. [Watch it here.]( Thank you for reading The Daily Reckoning! We greatly value your questions and comments. Please send all feedback to [feedback@dailyreckoning.com.](mailto:feedback@dailyreckoning.com) [Brian Maher] [Brian Maher]( is the Daily Reckoning's Managing Editor. Before signing on to Agora Financial, he was an independent researcher and writer who covered economics, politics and international affairs. His work has appeared in the Asia Times and other news outlets around the world. He holds a Master's degree in Defense & Strategic Studies. --------------------------------------------------------------- [Jeffrey Tucker] [Jeffrey Tucker]( is president of Brownstone Institute and senior economics columnist at Epoch Times. 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