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(DCNF)—The Supreme Court’s decision in a recent case challenging the Biden administration’s censorship efforts unleashed renewed threats to Americans’ ability to speak and listen freely online while effectively putting a legal remedy out of reach ahead of the 2024 election, legal experts told the Daily Caller News Foundation.
Last year on Independence Day, U.S. District Court Judge Terry A. Doughty issued the initial injunction blocking a range of government agencies from communicating with social media companies to suppress speech, calling the government’s actions “Orwellian.” But one year later, with the Fifth Circuit’s narrower injunction now lifted by the Supreme Court in Murthy v. Missouri, officials have free rein to again employ the same tactics.
“It’s basically a roadmap for government actors, not just the federal government, but also state and local government actors, to reach out to social media companies and pressure them into censoring this disfavored speech,” Center for American Liberty associate counsel Eric Sell told the DCNF.
The Supreme Court held that plaintiffs in the case, who included two states and five individuals, did not have standing to seek an injunction against the government.
In her majority opinion, Justice Amy Coney Barrett said the plaintiffs failed “to link their past social-media restrictions to the defendants’ communications with the platforms.” She also noted that platforms had “independent incentives to moderate content,” making it difficult for the plaintiffs to establish they were harmed directly as a result of the government’s requests.
Justice Samuel Alito worried in his dissent that the Supreme Court’s ruling, though it did not reach the merits of the issue, would send the message that coercive government campaigns against certain speech can run unchecked if “carried out with enough sophistication.”
Alito wrote that the Court “permits the successful campaign of coercion in this case to stand as an attractive model for future officials who want to control what the people say, hear, and think.”
John Vecchione, senior litigation counsel at the New Civil Liberties Alliance, which represents some plaintiffs in Murthy v. Missouri, told the DCNF that the majority’s decision gives government officials “wide running room” to put pressure on companies behind the scenes.
Agencies such as the FBI and the Cybersecurity and Infrastructure Security Agency (CISA) already resumed communications with social media platforms after multiple justices appeared sympathetic to the government’s position during oral arguments in March, reports indicated at the time.
White House press secretary Karine Jean-Pierre said in a statement following the ruling that the Court’s decision “helps ensure the Biden Administration can continue our important work with technology companies to protect the safety and security of the American people.”
The #SCOTUS decision in Murthy v. Missouri undermines the #FirstAmendment in today's digital era by allowing government censorship without accountability.
This ruling completely disregards the Founding Fathers' belief that combating problematic speech should involve promoting… pic.twitter.com/tMeQoKsnBS
— New Civil Liberties Alliance (@NCLAlegal) July 3, 2024
“If courts require very strong evidence of causal links plus an ‘ongoing’ campaign just to get standing, government agencies can use that procedural requirement to escape judicial scrutiny of even very extensive indirect censorship,” George Mason University law professor Ilya Somin wrote last week in Reason. “That problem is likely to become more severe as agencies figure out the relevant standing rules, and try to tailor their threatening communications to firms in ways that exploit them.”
Without an injunction, there’s nothing preventing the government from doing during the 2024 election what it did to encourage platforms to restrict content in 2020. As documents uncovered in the course of litigation revealed, officials demanded companies censor speech not only about COVID-19 but also the election.
During 2020, CISA engaged in “switchboarding” efforts, which allowed state and local election officials to flag “misinformation” posts for the agency, which it would in turn share with social media platforms.
State officials have also undertaken similar actions.
Sell represents a client, conservative political commentator Rogan O’Handley, who sued when his account was allegedly censored and later suspended by Twitter after California’s Office of Election Cybersecurity flagged it over a 2020-election related post. The Supreme Court declined on Monday to take up his case.
As the Murthy v. Missouri case returns to the district court, Vecchione said they will seek more evidence of government coercion through discovery.
“The Supreme Court has demanded a very high standard, and if the government is going to press on that standard, well, they’ve got to drop their shorts and show us everything,” Vecchione said.
Some plaintiffs suggested Congress step in after the ruling.
Health Freedom Louisiana co-director Jill Hines said Congress should “act immediately to defund agencies and third parties actively involved in this broadly pervasive and unconstitutional censorship scheme.” Stanford University School of Medicine professor Dr. Jayanta Bhattacharya likewise said concrete action is needed to “restore free speech rights as a central plank of the American civic religion.”
Foundation for Individual Rights and Expression Chief Counsel Robert Corn-Revere made a similar call for Congress to “take action.”
“Despite reams of evidence documenting government pressure, the court held today these plaintiffs lacked standing to sue,” he said. “FIRE is concerned about what this means for future First Amendment plaintiffs. But the majority opinion notes courts have the power to stop government attempts to pressure social media platforms when proven. That’s important.”
NCLA Chief Executive Officer Philip Hamburger wrote in a column Tuesday that the decision made the First Amendment “for all practical purposes, unenforceable against large scale government censorship.”
“The decision is a strong contender to be the worst speech decision in the court’s history,” he said.
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Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
