We previously discussed the defunct Disinformation Governance Board and its controversial head Nina Jankowicz. After the outcry over the program, Homeland Security Secretary Alejandro Mayorkas finally relented and disbanded the board while insisting that it was never about censoring opposing views. Jankowicz has sued over the portrayal of her views. Now, Americans for Prosperity Foundation (AFPF) has exposed just how broad the scope of the censorship efforts were under the board in combatting “misinformation, disinformation, and malinformation (MDM). This range of authority in what the agency called the “MDM space,” included targeting views on racial justice and the disastrous withdrawal from Afghanistan.
New documents obtained under the Freedom of Information Act (FOIA) requests show that the Department of Homeland Security (DHS) argued that the agency could regulate speech related to “the origins of the COVID-19 pandemic and the efficacy of COVID-19 vaccines, racial justice, U.S. withdrawal from Afghanistan, and the nature of U.S. support to Ukraine” as well as “irregular immigration.”
Those subjects stretch across much of the “space” used for political speech in the last few years.
Notably, within DHS, Jen Easterly, who heads the Cybersecurity and Infrastructure Security Agency, extended her agency’s mandate over critical infrastructure to include “our cognitive infrastructure.” The resulting censorship efforts included combating “malinformation” – described as information “based on fact, but used out of context to mislead, harm, or manipulate.” I testified earlier on this effort.
So DHS asserted the authority to target viewpoints on racial justice, Ukraine, and other political subjects, including views based on fact but viewed as misleading in context.
What is also troubling is the continued effort to conceal these censorship activities. Homeland redacted much of this information on a now defunct board under FOIA Exemption 7(E), which protects “techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations.” That claim is itself chilling.
After the demise of the board, National Public Radio ran an interview entitled “How DHS’s disinformation board fell victim to misinformation.”
As the title suggests, NPR just repeated the view of Jankowicz despite the objections of many of us in the free speech community. Jankowicz insisted “we weren’t going to be doing anything related to policing speech. It was an internal coordinating mechanism to make sure that we were doing that work efficiently.” Yet, what were the criminal investigations, prosecutions, and enforcement efforts now being claimed as connected to this work?
Recently, a court found that the Biden Administration’s censorship efforts constituted “the most massive attack against free speech in United States history.” Those words by Chief U.S. District Judge Terry A. Doughty are part of a 155-page opinion granting a temporary injunction, requested by Louisiana and Missouri, to prevent White House officials from meeting with tech companies about social media censorship.
Yet, Democrats have gone all in on censorship, blacklisting, and even red-baiting efforts. The July 4 decision came six months after I testified before Congress that the Biden administration used social media companies for “censorship by surrogate.” Despite furious attacks by congressional Democrats in that and later hearings, a court found that the evidence overwhelmingly shows systematic violation of the First Amendment by the Biden administration.
Now we have a glimpse into the chilling scope of the Homeland Security’s efforts to target opposing viewpoints. From racial justice to Covid to Ukraine, these subjects involve core political speech. Yet, the Biden Administration felt that it had the right to monitor and combat opposing views in these areas.
In the first censorship hearing, Rep. Debbie Wasserman Schultz (D-Fla.) criticized me for offering “legal opinions” without working at Twitter. I later noted that it was like saying a witness should not discuss the contents of the “Pentagon Papers” unless he or she worked at the Pentagon. Wasserman Schultz tried to portray the Twitter Files allegations as mere opinions; she cut me off when I tried to explain that the Twitter Files contents — like those of the Pentagon Papers — are “facts,” while the implication of those facts are opinions.
Now there are additional facts showing the massive scope and effort targeting opposing viewpoints. Yet, Democratic members continue to oppose further investigation into these efforts. More importantly, the Biden Administration appears to be using every means to conceal the scope of its efforts. Why? The public should know the range of subjects and claimed authority of these government programs.
This controversy goes to the very core of our constitutional values in protecting free speech. The effort to conceal these efforts and claims reflects the unease of the Biden Administration is telling the public what it has been doing secretly in its name.
DHS is a wicked, authoritarian, fascistic organization that should never have been created. Created in the wake of 9/11, they are entirely occupied by Bill of Rights haters, saboteurs, profiteers, Marxists, and other assorted brambles (Book of Judges, chapter 9). Kinda makes me wonder who knew about 9/11-before it happened. Just like the FBI tracking activities before the first Trade Center bombing in 1993 and plenty of other examples of created crisis to gain power.
Mr. Turley, I thank you ☺️ for your speaking out in a most valuable and informative way so that Americans and Legal Immigrants awaiting Citizenship can truly understand the censorship efforts. We must be guardians of the Truth. We must never surround that Truth with a Bodyguard of Lies as Prime Minister Churchill did in wartime. The founding of our Country was based upon all rights imbued by a God, and we relinquish some power to the states and federal government to achieve a safe and prosperous Country based upon The Rule of Law. You deserve to be known also as the Bodyguard of Truth. For everyone of us who can respond here there are a million more like us who aren’t able to cheer you on. God Bless You and The United States of America.
Meanwhile, the British have passed their Online Safety Bill, forming an un-elected Ministry of Truth by another name. They wish to control the narrative and force Big Tech to play along.
It was 2008 when after dhs was formed it hot a “board,” on thar board was chertoff and that “cairs” Muslim who wasn’t even an american! Either.and the board appointed decided dhs should be able…despite fed law to use propaganda on the homeland. Us. We the people. One their first articles was about a pint of cyanide in Colorado. Its all to keep us all in fear. If we are in fear…our kids are in fear. And that’s what they need. Whereas the good guys motto was NO Fear. Just listen. You are not a menu. You are a souled entity. In the image of God. There are 6 billion of us. There is no way they win. And they no it.
Jonathan: You hailed the decision by Judge Doughty preventing the Biden administration from trying to “censor” social media companies. Now we have another decision that should give you second thoughts about the willingness of courts to strike down Biden administration policies.
In a sequel, 25 states, backed by oil companies, sued to prevent a Biden administration rule allowing employee retirement plans to consider environmental, social and ESG issues in investment decisions. The plaintiffs also “judge shopped” and got US District Judge Matthew Kacsmaryk in Amarillo–a Trump appointee. Everything was going swimmingly for the oil companies–until Judge Kacsmaryk ruled. He upheld Biden’s reversal of DJT era policies. Woops! The decision in favor of Biden’s policies will no doubt be appealed to the US court of Appeals in New Orleans.
So touche! It’s 15-all only in the first set!
There’s no reason for second thought at all. The reality is the executive branch is way outside the legal power as it has according to the constitution. It’s easy to understand his powers. If you simply read article 2 sections, two and three. The power of the Executive is limited drastically, so it does not become a dictatorship. The executive is the only one in the constitution told In Crystal clear verbiage: “ he shall take Care that the Laws be faithfully executed,”.
Biden is the only president/executive in our history who has stated that the constitution is not absolute. He couldn’t be more wrong! Article 6 of the constitution makes the fact clear that our constitution is absolute for everyone who accepts a role in the three branches of government, from the federal all the way down to the states governments. They are legally bound by their oath, which is witnessed. The constitution is a legal document, and thus they are legally bound to it.
•Article 6 Section 2 and 3: “ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;”
Each one of these government representatives had a choice to support our constitution, Or go home and allow someone to take the office who would.
“More importantly, the Biden Administration appears to be using every means to conceal the scope of its efforts. Why?” (JT)
Because truth and freedom die in darkness.
“Vladimir Lenin and the Bolsheviks spent the next few years struggling to maintain their rule against widespread popular opposition. They [. . .] were inherently hostile to any form of popular participation in politics. In the name of the revolutionary cause, they employed ruthless methods to suppress real or perceived political enemies. The small, elite group of Bolshevik revolutionaries which formed the core of the newly established Communist Party dictatorship ruled by decree, enforced with terror.”
“This tradition of tight centralization, with decision-making concentrated at the highest party levels, reached new dimensions under Joseph Stalin.”
“The party elite determined the goals of the state and the means of achieving them in almost complete isolation from the people. *They believed that the interests of the individual were to be sacrificed to those of the state* . . .” (Emphasis added.)
“Stalin had subjected all aspects of Soviet society to strict party-state control, not tolerating even the slightest expression of local initiative, let alone political unorthodoxy. The Stalinist leadership felt especially threatened by the intelligentsia, whose creative efforts were thwarted through the strictest censorship . . .” (https://www.loc.gov/exhibits/archives/intn.html)
If you think it can’t happen here, think again.
Sam
The first question on my mind is:
Since this operation is now “defunct”, to which government department(s) have its responsibilities and activities been transferred?
DHS’s “Intelligence Board” – the “Joe Biden” administration just added some of the officials who signed the fraudulent letter claiming the Hunter laptop story was Russian disinformation.
Everything “Joe Biden” does seems designed to give America the finger.
And his advanced dementia just keeps getting worse.
We should remember the real effects of censorship of critics of COVID-mania. One point of dispute was the closing of the public schools, which the Democrat-aligned teacher unions pushed for. In many states, like Michigan, the governor went along with closing the schools. In others, like Florida, the governor did not. A recent study outlines the damage caused by the closings. https://crpe.org/wp-content/uploads/The-State-of-the-American-Student-2023.pdf
“Although they were back in school this year, the kids are still not alright
• On the National Assessment of Educational Progress (NAEP), math and reading scores for fourth
and eighth grade students reached record lows in 2022. One-third of students in both grades
can’t read at even the “basic” achievement level—the lowest level on the test.
• 16 million students were chronically absent (i.e., missed more than 10% of school days) during the
2021-22 school year, twice as many as in previous years, according to Attendance Works.
• More than 8 in 10 public schools reported stunted behavioral and social-emotional development
in their students because of the Covid-19 pandemic, according to the May 2022 IES Pulse survey.
Nearly half reported an increase in threats of physical attacks among students.”
“Recently, a court found that the Biden Administration’s censorship efforts constituted “the most massive attack against free speech in United States history.” Those words by Chief U.S. District Judge Terry A. Doughty are part of a 155-page opinion granting a temporary injunction …”
Just a reminder: That temporary injunction is currently Stayed and set to expire at 11:59pm tonight, per Order of Justice Alito:
“IT IS ORDERED that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 11:59 p.m. (EDT) on Friday, September 22, 2023.”
https://www.courtlistener.com/docket/63290154/333/missouri-v-biden/
Whether that means that another SCOTUS ruling will be coming at or before midnight tonight is unclear, as it’s possible that SCOTUS will simply allow the Stay to expire without taking the case, especially since the parties have indicated intent to return to the 5th Circuit Court of Appeals to have arguments before the full panel and not just the 3-judge panel that has already considered the arguments.
Clarification: I meant that the Stay is currenlt set to expire just before midnight tonight, not the Temporary Injunction.
“Recently, a court found that the Biden Administration’s censorship efforts constituted “the most massive attack against free speech in United States history.” Those words by Chief U.S. District Judge Terry A. Doughty are part of a 155-page opinion granting a temporary injunction …”
As I mentioned earlier, that temporary injunction is currently Stayed, and the Stay was set to expire at 11:59pm tonight, per Order of Justice Alito:
“IT IS ORDERED that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana, case No. 3:22-cv-01213, is hereby administratively stayed until 11:59 p.m. (EDT) on Friday, September 22, 2023.”
https://www.courtlistener.com/docket/63290154/333/missouri-v-biden/
Judge Alito’s Order has been updated:
“Sep 22 2023 Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the response, and the reply filed thereto, it is ordered that the stay issued on September 14, 2023, is hereby extended until 11:59 p.m. (EDT) on Wednesday, September 27, 2023.”
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23a243.html
That was my update. I could’a sworn I logged in before I posted that, so it shouldn’t be attributed to a “Anonymous” poster.
Does the recent decision of the appeals court to narrow, but uphold the basic elements of Missouri v. Biden affect this ruling. I think SCOTUS will be hearing this case in the near future….