The First Amendment – Isn’t Thaty Its Purpose, Ketanji?????

Ketanji Brown Jackson ‘Concerned’ First Amendment Is ‘Hamstringing’ Government from Censorship

Justice Jackson said to the plaintiff, “My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods.” She added, “You seem to be suggesting that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information. So, can you help me? Because I’m really worried about that because you’ve got the First Amendment operating in an environment of threatening circumstances, from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems.”

 

Commentator Charlie Kirk wrote: You CANNOT outsource censorship and call it constitutional. You CANNOT have the FBI harassing Facebook and not call it coercion. You CANNOT suspend the Constitution because you say COVID is a once in a lifetime event.

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Summary by JW Williams

The Republican attorneys general of Louisiana and Missouri filed suit in May 2022 against President Joe Biden and others alleging they were using the federal government’s power to suppress free speech on social media platforms during the 2020 election and the COVID-19 pandemic. The case, Murthy v. Missouri, is now being heard by the the Supreme Court .

Justice Ketanji Brown Jackson appeared to be perturbed that the government could not censor social media posts in “the most important time periods.” Here are some examples of government interference in free speech on social media that were taken from a ruling from a judge in Louisiana:

  1.  Two months after President Biden took office, his top digital adviser emailed officials at Facebook urging them to do more to limit the spread of “vaccine hesitancy” on the social media platform.
  2. At the Centers for Disease Control and Prevention, officials held “weekly sync” meetings with Facebook, once emailing the company 16 “misinformation” posts.
  3. And in the summer of 2021, the surgeon general’s top aide repeatedly urged Google, Facebook and Twitter to do more to combat disinformation.

Justice Jackson said to the Louisiana Solicitor General Benjamin Aguiñaga:

“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods.’ She added, “You seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information. So, can you help me? Because I’m really worried about that because you’ve got the First Amendment operating in an environment of threatening circumstances, from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems.”

Aguiñaga responded that his view was that the government should intervene in certain situations, but it has to do so by following the First Amendment.

Jackson said a “once-in-a-lifetime pandemic” or other emergencies would provide grounds for the government to censor social media posts that are misinformative.

Conservative Justice Alito said that “The government is treating social media platforms like their subordinates.”

Commentator Charlie Kirk wrote: You CANNOT outsource censorship and call it constitutional. You CANNOT have the FBI harassing Facebook and not call it coercion. You CANNOT suspend the Constitution because you say COVID is a once in a lifetime event.

Sources…

IJR:      https://ijr.com/justice-jackson-tells-gop-officials-view-first-amendment-hamstringing-government/

Washington Examiner:        https://www.washingtonexaminer.com/news/justice/2926698/ketanji-brown-jackson-concerned-first-amendment-is-hamstringing-government-from-censorship

from:    https://needtoknow.news/2024/03/ketanji-brown-jackson-concerned-first-amendment-is-hamstringing-government-from-censorship/

Watching what You Say

  • The internet was likely not intended to remain free forever. The intention for it to be used as a totalitarian tool was baked in from the start
  • Google started as a DARPA grant and was part of the CIA’s and NSA’s digital data program, the purpose of which was to conduct “birds of a feather” mapping online so that certain groups could be neutralized
  • All of the early internet freedom technologies of the ‘90s were funded by the Pentagon and the State Department. They were developed by the intelligence community as an insurgency tool — a means to help dissident groups in foreign countries to develop a pro-U.S. stance and evade state-controlled media. Now, these same technologies have been turned against the American public, and are used to control public discourse
  • In the past, censorship was a laborious task that could only be done after the fact. Artificial intelligence has radically altered the censorship industry. AI programs can now censor information en masse, based on the language used, and prevent it from being seen at all
  • One of the most effective strategies that would have immediate effect would be to strip the censorship industry of its government funding. The House controls the purse strings of the federal government, so the House Appropriations Committee has the power to end the funding of government-sponsored censorship

In this video, I interview Mike Benz, executive director for the Foundation for Freedom Online. Benz started off as a corporate lawyer representing tech and media companies before joining the Trump administration, where he worked as a speech writer for Dr. Ben Carson, the former U.S. Secretary of Housing and Urban Development (HUD) and President Trump.

He also advised on economic development policy. He then joined the State Department as Deputy Assistant Secretary for International Communications and Information Technology. There, he ran the cyber desks at state, meaning all things having to do with the internet and foreign policy.

“This is toward the end of 2020, which was a really fascinating time to witness the merger, in many respects, of big government and big tech companies themselves,” he says. “I had grown up, I think, like many Americans, with a belief that the First Amendment protected you against government censorship.

The terms of engagement that we had enjoyed from 1991, when the worldwide web rolled out, until 2016, the election in the U.S. and Brexit in the U.K., which is, really, the first political event where the election was determined, in many respects, by momentum on the internet.

There was that 25-year golden period where the idea of being censored by a private sector company, let alone the government, was considered something, to me, very deeply anathema to the American experience.

What I witnessed at the State Department — because I was at the desk, basically, that Google and Facebook would call when they wanted favors abroad, when they wanted American protection or American policies to preserve their dominance in Europe, or in Asia or in Latin America.

And the U.S. government was doing favors for these tech companies while the tech companies were censoring the people who voted for the government. It was a complete betrayal of whatever social contract typically underlies the public-private partnership.”

The Internet Was Founded by the National Security State

Ostensibly, the rapid expansion of censorship started post-2016, but you can make a strong argument that the internet was never intended to remain free forever. Rather, the intention for it to be used as a totalitarian tool was likely baked in from the start when the national security state founded it in 1968.

The worldwide web, which is the user interface, was launched in 1991, and my suspicion is that the public internet was seeded and allowed to grow in order to capture and make the most of the population dependent upon it, knowing that it would be the most effective social engineering tool ever conceived. Benz comments:

“I totally agree … A lot of people, in trying to understand what’s happening with the net censorship, say ‘We had this free internet, and then suddenly there was this age of censorship and the national security state got involved at the censorship side.’

But when you retrace the history, internet freedom itself was actually a national security state imperative. The internet itself is a product of a counterinsurgency necessity by the Pentagon to manage information during the 1960s, particularly to aggregate social science data. And then, it was privatized.

Opening it up to all comers in the private sector, it was handed off from DARPA [the Defense Advanced Research Projects Agency] to the National Science Foundation, and then went through a series of universities on the infrastructure side.

And then, right out of the gate in 1991, you had the Cold War coming to an end, and then simultaneously, you had this profusion of Pentagon-funded internet freedom technologies. You had things like VPNs, encrypted chat, TOR.

All of the early internet freedom technologies of the ‘90s were funded by the Pentagon, the State Department, and developed by the intelligence community, primarily, as a way of using internet freedom as a means to help dissident groups in foreign countries be able to develop a pro-U.S. beachhead, because it was a way to evade state-controlled media.

This was, basically, an insurgency tool for the U.S. government, in the same way that Voice of America and Radio Free Liberty, and Radio Free Europe were tools of the CIA in the Cold War, to beam in, basically, pro-U.S. content to populations in foreign countries in order to sway them towards U.S. interests. It was a way of managing the world empire.

The internet served the same purpose, and it couldn’t be done if it was called a Pentagon operation, a State Department or CIA operation. But all of the tech companies themselves are products of that. Google started as a DARPA grant that was obtained at Stanford by Sergey Brin and Larry Page.

In 1995, they were part of the CIA and NSA’s [National Security Agency’s] massive digital data program. They had their monthly meetings with their CIA and NSA advisers for that program, where the express stated purpose was for the CIA and NSA to be able to map so-called ‘Birds of a feather’ online … so that they could be neutralized.”

How It All Began

As noted by Benz, the idea of having the intelligence community map political “Birds of a Feather” communities in order to either mobilize or neutralize them was (and still is) justified in the name of counterterrorism. Nowadays, as we’ve seen during the pandemic, it’s used to control public discourse, suppress truth, and promote propaganda angles.

The technology used to control public discourse is an artificial intelligence (AI) technique called natural language processing (NLP). It’s a way of aggregating everyone who believes a certain thing online into community databases based on the words they use, the hashtags, the slogans and images.

“Emerging narratives, all manner of metadata affiliations, all that can be aggregated to create a topographical network map of what you believe in and who you’re associated with, so that it can all be turned down in a fast, precise and comprehensive manner by content moderation teams, because they’re all birds of the same feather,” Benz explains.

“The fact that this grew out of the U.S. National Security state, which is running the show, essentially, today, to me says that there’s a continuation between the internet freedom and internet censorship. They simply switched from one side of the chess board to the other.”

What Is the National Security State?

For clarity, when Benz talks about the “National Security State,” what he’s referring to are the institutions that uphold the rules-based international order. Domestically, that includes the Pentagon, State Department, Department of Homeland Security (DHS), certain aspects of the Department of Justice (DOJ) and the 17 intelligence agencies.

Of those, the Pentagon, State Department and the intelligence community (IC) are the three central ones that have managed the American world empire since the 1940s. None of them are supposed to be able to operate domestically, but in a sense their power has expanded so much that they essentially control domestic affairs.

As explained by Benz, the Pentagon, State Department and IC are not supposed to be able to operate domestically. “But in a sense, they really control domestic affairs, because their power has expanded so much that they’ve developed an extraordinary laundering apparatus to be able to fund international institutions that then boomerang back home and effectively control much of domestic political affairs, including discourse on the internet.”

As for the CIA, it was created in 1947 under the National Security Act. It was created as a cloak-and-dagger mechanism, to do things the State Department wanted done but couldn’t get caught doing due to the diplomatic repercussions — things like election rigging, assassinations, media control, bribery and other subversion tactics.

The Birth of Hybrid Warfare

Benz continues his explanation of how and why internet censorship emerged when it did:

“So, there’s the U.S. National Security State, and then there’s the transatlantic one involving NATO. The story of Western government involvement in internet censorship really started after the 2014 Crimea annexation, which was the biggest foreign policy humiliation of the Obama era.

Atlanta’s School of Foreign Policy was deeply inflamed by this event and blamed the fact that there were these breakaway Russia-supporting entities in Eastern Ukraine and Crimea on a failure to penetrate their media, and this idea that hearts and minds were being swung towards the Russian side because of pro-Russian content online.

NATO then declared this doctrine of so-called hybrid warfare — this idea that Russia had won Crimea not by a military annexation, but by winning, illicitly in a sense, the hearts and minds of Crimeans through the use of their propaganda. And the doctrine of hybrid warfare, born in 2014, was this idea that war was no longer a kinetic thing.

There hadn’t been a kinetic war in Europe since World War II. Instead, it had moved sub-kinetic into the hearts and minds of the people. In fact, NATO announced a doctrine after 2014 called ‘From tanks to tweets,’ where it shifted its focus, explicitly, from kinetic warfare to social media opinions online.

Brexit, which happened in June 2016 … was blamed on Russian influence as well. And so all of these institutions that argued for control over the internet in Eastern Europe said, ‘Well, it needs to come now. Now it’s an all-of-Europe thing.’

When Trump was then elected five months later, explicitly contemplating the breakup of NATO, all hell broke loose. This idea that we need to censor the internet went from being something that was touchy and novel, in the view of Pentagon brass and State Department folks, to something that was totally essential to saving the entire rules-based international order that came out of World War II.

At the time, the reasoning was, Brexit, in the U.K., was going to give rise to Frexit, in France, with Marine Le Pen and her movement there. Matteo Salvini was going to cause Italexit In Italy, there’d be Grexit in Greece, Spexit in Spain, and the entire European Union would come undone, just because these right-wing populist parties would naturally vote their way into political power.

They would vote for working-class, cheap energy policies that would make them more closely aligned with Russia naturally, because of the cheaper oil prices, or cheaper gas prices. Then, suddenly, you’ve got no EU, you’ve got no NATO, and then, you’ve got no Western military alliance.

So, from that moment, after Trump’s election, immediately, there was this diplomatic roadshow by U.S. State Department officials, who all thought they were getting promotions in November 2016. They thought they were going to get promoted from the State Department to the National Security Council. Turns out, they all got fired, because someone with a 5% chance of winning ended up winning that day.

So, they took their international connections, their international networks around the Atlanta Council, the Council on Foreign Relations, the entire think tank, quasi-intelligence, quasi-military, government-funded NGO soup, and they did this international roadshow, starting in January 2017, to convince European countries to start censoring their internet …

Out of that came NetzDG [Netzwerkdurchsetzungsgesetz, the Network Enforcement Act] in Germany, which introduced a necessity of artificial intelligence-powered social media censorship.

All of that was, essentially, spearheaded by this network of State Department and Pentagon folks who then used their own internal folks in the government to procure government grants and contracts to these same entities. Eventually, they all rotated into those tech companies to set the policies as well.”

Threat From Within

So, to summarize, the infrastructure for worldwide internet censorship was largely established by IC veterans who were forced out by the Trump administration, and that infrastructure was then used to catalyze the international censorship response during COVID in late 2019, early 2020. Benz continues:

“Right. And those veterans were not alone. The full story is not just the shadow security state and exile. The fact is this. The Trump administration never had control of its own defense department, State Department or intelligence community.

It was the intelligence community that, essentially, drove his first impeachment, that drove a two-and-a-half year special prosecutor investigation that rolled up 12 to 20 of Trump’s closest associates. You had a chief of staff there who was hiding the military figures from the government. The careers at state threatened the political appointees from the inside. I experienced that myself.

This permanent aspect of Washington, with unfireable careers in high places, combined with a turf war in the GOP [Republican Party] between the populist right and the neo-conservative right, with the neo-conservative right having many well-placed Republicans in the Defense Department, State Department, in IC, to thwart the previous president’s agenda there, allowed this political network and exile, on the censorship side, to work with their allies within the government to create these censorship beach heads.

So, for example, that’s how they created the Department of Homeland Security’s … first permanent government censorship bureau in the form of this entity called CISA [the Cybersecurity and Infrastructure Security Agency, founded in November 2018], which is supposed to just be a cybersecurity entity.

It was done because of media and intelligence community laundering of a never-substantiated claim that Russia had potentially hacked the 2016 election, hacked the election machines or voting software, or might be able to do so in the future, and so we need a robust armed-to-the-teeth DHS unit to protect our cybersecurity from the Russians.

It’s the mission creep of the century. After the Mueller probe ended in June 2019, this unit, CISA, within DHS [Department of Homeland Security] — which had set up all of this, and which is only supposed to do cybersecurity — said ‘Well, if you squint and look at it, discourse online is a cybersecurity threat because if it undermines public faith or confidence in our elections, and it’s done using a cyber nexus, i.e., social media post, then that’s a form of cybersecurity threat, because democracy is essential to our security.’

And so you went from this cybersecurity mission to a cyber censorship bureau, because if you tweeted something about mail-in ballots in the 2020 election, that was deemed to be a cyber attack on critical infrastructure, i.e., elections.

When they got away with that in 2020, DHS then said, ‘Well, if you squint and look at it, public health is also critical infrastructure.’ So, now, DHS gets to direct social media companies to censor opinions about COVID-19.

Then they worked their way into saying the same thing about financial systems, financial services, about the Ukraine war, about immigration. It got to the point where, by late 2022, the head of CISA declared that cognitive infrastructure is critical infrastructure.”

Cracks only appeared after Republicans got a majority in the House of Representatives in November 2022 and Elon Musk acquired Twitter. Public support for government also dwindled as Musk’s release of the Twitter Files revealed the extent of government’s involvement in the censoring of Americans.

So far, though, public awareness hasn’t changed anything. The very entities that once stood for internet freedom, like the National Science Foundation, are still actively funding and furthering government censorship activities.

AI Gives Censors God-Like Powers

Benz first became “gripped by the stakes of what was happening on the internet” in August 2016, after reading a series of papers discussing the use of NLP to monitor, surveil and regulate the distribution of information on social media based on the words used.

“DARPA provided tens of millions of dollars of funding for this language processing, this language chunking capacity of AI in order, ostensibly, to stop ISIS recruiting on Facebook and Twitter,” Benz says.

“As part of the predicate for putting military boots on the ground in Syria, there was a lot of talk about ISIS coming to the U.S., and they were recruiting on Facebook and Twitter. And so the Pentagon, DARPA and the IC developed this language spyware capacity to map the dialectic of how ISIS sympathizers talk online, the words they use, the images they share, the prefixes, the suffixes, all the different community connections.

And then, I saw that this was being done for purposes of domestic political control instead of foreign counterterrorism, and the power that it has. It is what totally changed the internet forever. Before 2016, there was not the technological capacity to do mass social media censorship. That was the age of what censorship insiders like to call the whack-a-mole era. Censorship was reactive.

It was done by forum, by moderators, essentially. Everything had to be flagged manually before it could be taken down, which meant millions of people had already seen it, or it had already gone viral, it had already done its damage, so to speak, and you were just cutting off the backend with an act of censorship.

You could never have a permanent control apparatus in that setting, because there would always be a first mover advantage to whoever posted it. What AI censorship technology breakthroughs enabled after 2016 was a kind of nuclear weapon, if you will, on the censorship side, to be able to end the war immediately.

You don’t need a standing army of 100,000 people to censor COVID. You need one good developer, working with one manic social scientist who spends her entire life mapping what Dr. Mercola says online, and what he’s talking about this week, what his followers are saying, what they’re saying about this drug, or what they’re saying about this vaccine, or what they’re saying about this institution.

All of that can be cataloged into a lexicon of how you talk. And then, all of that talk can just be turned down to zero. At the same time, they can super amplify the language that they themselves are doing. So it gives a God-like control to a tiny, tiny, tiny minority of people who can then use that to control the discourse of the entire population.

What’s also so terrifying about the National Security State’s involvement in this is, when they discovered the power of this by mid-2018, they began to roll it out to every other country in the world for purposes of political control there — to the Ghana desk, to the Ecuador desk, to Southeast Asia, all over Europe.”

Can We Get Out of the Grip of Censorship?

At the time of this writing, we’re in a lull. The COVID pandemic has been declared over and aside from the Russia-Ukraine conflict, there are no major political crises going on that warrant heavy censorship. The networks and technologies for radical suppression are already in place, however, and can be turned up at a moment’s notice.

We’ve also recently seen just how easy it is for alternative media to be infiltrated and upended, so the fact that there are alternative platforms doesn’t guarantee that future censorship efforts will fail.

“There are so many threat vectors,” Benz says. “There are a lot of questions about what’s going on, for example, at Project Veritas, with how quickly it ousted James O’Keefe after releasing the most viral video ever, on Pfizer. It was about one week later — after their biggest accomplishment, perhaps, ever — that it was totally overthrown.

A similar thing has happened with Fox News with [the firing of] Tucker Carlson, the most popular cable TV host in the country — the guy who gets three times more concurrent viewership than CNN, in the opposing spot. Institutions can absolutely be penetrated and co-opted when enough pressure is applied.”

Transatlantic Flank Attack 2.0 Underway

As mentioned earlier, the U.S. censorship really began with NATO. Benz refers to this as the transatlantic flank attack. Basically, when U.S. intelligence want to impact the internet domestically, they first work with their European partners to enact regulatory changes in Europe first. This then ends up spilling into the U.S. market, and the IC appears to have had nothing to do with it.

The first transatlantic flank attack took place in early 2017 with the NetzDG. We’re now under transatlantic attack again, through the Digital Markets Act. This law, Benz says, will make it very difficult for Rumble and other free speech platforms to maintain that posture during the next pandemic. Once these platforms are forced to comply with the Digital Markets Act on the European side, the changes will be felt everywhere.

Cause for Cautious Optimism

While Benz remains hopeful that solutions to global censorship will present themselves, he still recognizes that the forces at play are enormous and the risks are high.

“It’s one of these things where the more you see what we’re up against, the more sobering it becomes. I think you need to maintain hope in order to maintain energy, to maintain momentum. With momentum, weird things can happen, even if you’re not supposed to win. Strange things break, or take a life of their own, or resurface.

All the little weaknesses of the system get tested, simply by a momentum here and there. For example, Elon Musk’s acquisition of Twitter is probably the reason that the GOP got over the hump in doing all of these congressional investigations into the government’s role in censorship.

They felt like they had an ally at Twitter, that they had billionaire backing. There was a waterfall, cascade impact. So, I am hopeful. DHS is on the run right now. They purged their website of all their domestic censorship operations that they listed and were loud and proud about for two whole years after the catastrophe of the disinformation governance board in April 2022.

They already had a Ministry of Truth at DHS. They just gave one hypothetical board the wrong name. They didn’t call it the CISA. They made the mistake of calling it by the right name, and that’s what ended the entire political support for the underlying apparatus.

So, the importance of an Orwellian name is essential for maintaining the political support. But I guess what I’m trying to say is, I’m hopeful, and I’m honored to be a part of this rebel fleet of folks trying to take on the empire behind the censorship situation.

But having seen, in so many iterations the toolkit they use, it is a medieval torture toolkit that can do strange things. Pressure can do strange things, even to great people. And so I’m cautiously optimistic.”

Essential Internet Backbone Is Not Politically Neutral

In my view, internet decentralization is one key innovation that could break the grip of censorship. That said, other aspects, such as cybersecurity, must also be reinvented.

CloudFlare, for example, a content delivery and cloud cybersecurity service, basically controls the internet because they protect online businesses and platforms from hackers using Denial-of-Service (DoS) attacks. Without it, you cannot survive online if you’re a big business. Even with a decentralized internet, CloudFlare might still be able to exert control by leaving sites open to DDoS (distributed denial of service) attacks.

Disturbingly, CloudFlare got political for the first time after 2016, when it decided to remove protection from a site called Kiwi Farms, which expressed anti-transgender views. As a result, the site had to move over to a Russian server to get back online.

Basically, U.S. citizens had to look for internet freedom in Russia because their architecture could not be supported in the U.S. — all because a government-integrated backbone of the internet made a political decision, likely at the behest of the IC.

“If there is another pandemic, for example, and there’s a push for certain medical interventions or countermeasures that certain sites don’t go along with, the CloudFlare, absolutely, could be a weapon in that respect,” Benz says.

“One of the things I found so troubling is that CISA, this DHS censorship agency, after the 2020 election set up a private sector liaison subcommittee for mis- and disinformation policies in the private sector. It was a seven-person subcommittee, with all of the top censorship experts at the University of Washington and Stanford.

Vijaya Gadde, the former head of censorship at Twitter, was a part of this board. I thought it was very troubling that the CEO of CloudFlare was also one of the seven people on the DHS censorship board.”

Major Challenges to a Decentralized Internet

Benz continues:

“To proceed to the various challenges to a decentralized internet, when you move up the stack of censorship … they can move up to cloud servers, to payment processors, and even to things like CloudFlare and your infrastructure protection.

In the early era of censorship, there was a rebuttal by censorship advocates that if you don’t like what private sector companies are doing, start your own social media companies. Build your own Google, build your own YouTube, build your own Facebook, build your own Twitter.

And then, what started to happen as censorship got completely insane, when it went from being troubling to disturbing, to saturating … you started to see these alternative social media platforms like Gab and Parler … that tried to escape the content moderation policies with Big Tech. But what started to happen is, those social media companies, like Parler, were completely destroyed.

Parler was de-platformed from, basically, the entire internet, when the president had just moved there, after being kicked off Twitter. That was a very instructive moment, and one that censorship insiders have reflected on, I should say, many, times as a moment of, ‘Should we have done that? We did it, but it costs us a lot of political capital.’

Parler was kicked off of Amazon Web Services. They were kicked off of all of the banks. They were banned from email providers. They could not hook to the internet, essentially, to even maintain the ability to post anything there. So, it went from build your own social media company to build your own bank.

Now you need to build your own bank and get a banking license for the payment processors. You need to build your own email distribution. You need to build your own cloud servers.

You need to build your own software service providers. And, eventually, are you going to need to lay your own subsea cables across the Atlantic and Pacific oceans? The social media companies didn’t invent the internet. They are superimposed on Pentagon infrastructure.”

The House Needs to Defund the Censorship Industry

Without doubt, there will be another crisis, whether it be another pandemic or war or something else, that will send the censorship machine into full gear yet again. Right now we’re in a lull, so this is the time to think ahead and get prepared. The question is, what can we do? How do we prepare and fight back?

According to Benz, one of the most effective strategies that would have immediate effect, and could be done right now, would be to strip the censorship industry of its government funding. He explains:

“Right now, there’s a Republican controlled House. The advantage of the House is that it controls appropriations, the purse strings of the federal government. If the House Appropriations Committee took seriously the government subsidization of censorship networks in the private sector, you could defund the speech police, even though, on the AI side, it only takes one good coder to be able to take out an entire political philosophy.

The fact is, they can only do that job because of an army of social science folks across 45 different U.S. colleges and universities who get paid. There are tens of thousands of them who are paid through the National Science Foundation, through DARPA grants and State Department grants, to map communities online as a matter of social science, and then provide that to the computer scientist to censor it.

My foundation, the Foundation for Freedom Online, has detailed $100 million, just in the past 18 months, that have gone from the federal government institutions directly into social media censorship insiders. Censorship is not an act anymore, it’s an industry, and you can cripple their capacity building.

When you pump it full of money, you go from having a couple of people do it, to tens of thousands of people doing it. The censorship capacity is built on an infrastructure of an industry that relies on government to pay for it, and it relies on government to spearhead their penetration into the institutions.

Right now, there are about eight different congressional committees trying to solve this problem from different aspects. I’ve personally briefed eight different congressional committees … But only a few of those committees are taking it seriously enough to pursue the issue deeply, and where that will shake out remains uncertain.

CISA worked with dozens of social media companies and private sector cutouts to launder censorship from the government into the private sector, but the institution I worked with more than anyone was the University of Stanford, the Stanford Internet Observatory in particular.

Jim Jordan’s Weaponization Subcommittee just subpoenaed Stanford for what I call the perfectly preserved First Amendment crime scene. Stanford meticulously kept logs of all of its censorship activities with government officials for the COVID-19 pandemic, and for two election cycles.

They detailed 66 narratives that they censored online, having to do with everything about vaccines, efficacy of masks, opposition to lockdown mandates. And then, they had a fourth category for conspiracy theories, basically anything that someone said about the World Economic Forum, or Bill Gates.

They’re now refusing to comply with that subpoena. But the stakes keep getting escalated, because who’s going to enforce that subpoena? Steve Bannon, regardless of your opinion of him, just got indicted for not complying with a subpoena, but is this Justice Department going to pursue criminal penalties against Stanford, for withholding congressional subpoena for their government?

This is for their government, because they were the formal partners. They had a formal partnership with the DHS. That stuff should be FOIA-able, first of all. You shouldn’t even need a subpoena for it. The only reason you can’t FOIA it is because they laundered it through Stanford. Standord holds the records rather than DHS.

I tried to FOIA that from DHS, and DHS says, ‘We don’t have it, even though they were our communications.’ So this is the way the CIA structures in an operation, through a web of cutouts and offshore banks, so you can never really get transparency. They’re now doing that for the censorship industry at home …

Whether they will continue to raise the stakes is now a terrifying open issue. And the fact that it’s the inside guys who are running the censorship situation means there may be other tactics that need to be pursued here, which is why I talked about, simply, going to the appropriations committee and zeroing it out, so you don’t even need to enforce subpoenas, necessarily.”

Building a Whole-of-Society Solution

As explained by Benz, the censorship industry was built as a so-called whole-of-society effort. According to the DHS, misinformation online is a whole-of-society problem that requires a whole-of-society solution. By that, they meant that four types of institutions had to fuse together as a seamless whole. Those four categories and key functions are:

  1. Government institutions, which provide funding and coordination
  2. Private sector institutions that do the censorship and dedicate funds to censorship through corporate-social responsibility programs
  3. Civil society institutions (universities, NGOs, academia, foundations, nonprofits and activists) that do the research, the spying and collecting of data that are then given to the private sector to censor
  4. News media/fact checking institutions, which put pressure on institutions, platforms and businesses to comply with the censorship demands

What the Foundation for Freedom Online is doing is educating people about this structure, and the ways in which legislatures and the government can be restructured, how civil society institutions can be established, and how news media can be created to support and promote freedom rather than censorship.

To learn more, be sure to check out foundationforfreedomonline.com. You can also follow his very active Twitter account Benz on Twitter.

from:    https://articles.mercola.com/sites/articles/archive/2023/06/11/mike-benz-internet-censorship.aspx?ui=f460707c057231d228aac22d51b97f2a8dcffa7b857ec065e5a5bfbcfab498ac&sd=20211017&cid_source=dnl&cid_medium=email&cid_content=art1ReadMore&cid=20230611_HL2&cid=DM1414838&bid=1825712811

Who Is Censoring You?

al Collusion Between Government and Big Tech Exposed

Analysis by Dr. Joseph MercolaFact Checked
government and big tech collusion

STORY AT-A-GLANCE

  • Federal officials in the Biden administration have held secret and illegal censorship meetings with social media companies to suppress Americans’ First Amendment rights to free speech, and to ban or deplatform those who share unauthorized views about COVID and vaccines
  • The evidence for this comes out of a lawsuit brought by the New Civil Liberties Alliance and the attorneys general of Missouri and Louisiana (Eric Schmitt and Jeff Landry) against President Biden, filed in May 2022
  • Monthly, a Unified Strategies Group (USG) meeting took place — and may still be taking place — between a wide variety of government agencies and Big Tech companies, during which topics to be censored and suppressed were/are discussed
  • Censored topics included stories involving COVID jab refusal, especially those involving military refusals and consequences thereof, criticism against COVID restrictions and their effects on mental health, posts talking about testing positive for COVID after getting the jab, personal stories of COVID jab side effects, including menstrual irregularities, and worries about vaccine passports becoming mandatory
  • Discovery documents obtained so far have identified more than 50 federal employees across 15 federal agencies, engaged in illegal censorship activities. Emails from the strategic communications and marketing firm Reingold also reveals outside consultants were hired to manage the government’s collusion with social media to violate Americans’ Constitutional free speech rights

In a September 1, 2022, article,1 the Post Millennial reveals how federal officials in the Biden administration have held secret censorship meetings with social media companies to suppress Americans’ First Amendment rights to free speech, and to ban or deplatform those who share unauthorized views about COVID and vaccines.

The evidence for this comes out of a lawsuit2 brought by the New Civil Liberties Alliance and the attorneys general of Missouri and Louisiana (Eric Schmitt and Jeff Landry) against President Biden, filed in May 2022.

During the discovery process, the plaintiffs sought to identify “all meetings with any social media platform relating to content modulation and/or misinformation,” which is how we now know that such illegal meetings did, in fact, take place.

Illegal Collusion to Suppress Free Speech

Monthly, a Unified Strategies Group (USG) meeting took place — and may still be taking place — between a wide variety of government agencies and Big Tech companies, during which topics to be censored and suppressed were/are discussed.

Censored topics included stories involving COVID jab refusal, especially those involving military refusals and consequences thereof, criticism against COVID restrictions and their effects on mental health, posts talking about testing positive for COVID after getting the jab, personal stories of COVID jab side effects, including menstrual irregularities, and worries about vaccine passports becoming mandatory.3 According to the New Civil Liberties Alliance:4

“… scores of federal officials … have secretly communicated with social-media platforms to censor and suppress private speech federal officials disfavor. This unlawful enterprise has been wildly successful.

Under the First Amendment, the federal government may not police private speech nor pick winners and losers in the marketplace of ideas. But that is precisely what the government has done — and is still doing — on a massive scale not previously divulged.

Multiple agencies’ communications demonstrate that the federal government has exerted tremendous pressure on social-media companies — pressure to which companies have repeatedly bowed …

Communications show these federal officials are fully aware that the pressure they exert is an effective and necessary way to induce social-media platforms to increase censorship. The head of the Cybersecurity and Infrastructure Security Agency even griped about the need to overcome social-media companies’ ‘hesitation’ to work with the government …

This unlawful government interference violates the fundamental right of free speech for all Americans, whether or not they are on social media. More discovery is needed to uncover the full extent of this regime — i.e., the identities of other White House and agency officials involved and the nature and content of their communications with social-media companies.”

Jenin Younes, litigation counsel for the New Civil Liberties Alliance added:5

“If there was ever any doubt the federal government was behind censorship of Americans who dared to dissent from official COVID messaging, that doubt has been erased. The shocking extent of the government’s involvement in silencing Americans, through coercing social-media companies, has now been revealed …”

Federal Agencies Involved in Free Speech Suppression

Documents obtained so far have identified more than 50 federal employees across 15 federal agencies, who participated in these censorship meetings or otherwise engaged in illegal censorship activities.6 This includes officials from:

The Cybersecurity and Infrastructure Security Agency’s (CISA) Election Security and Resilience team
Department of Homeland Security’s (DHS) Office of Intelligence and Analysis
The FBI’s foreign influence taskforce
The Justice Department’s (DOJ) national security division
The Office of the Director of National Intelligence
White House staff (including White House lawyer Dana Remus, deputy assistant to the president Rob Flaherty and former White House senior COVID-19 adviser Andy Slavitt)
Health and Human Services (HHS)
Centers for Disease Control and Prevention (CDC)
National Institutes of Allergy and Infectious Diseases (NIAID)
The Office of the Surgeon General
The Census Bureau
The Food and Drug Administration (FDA)
The State Department
The U.S. Treasury Department
The U.S. Election Assistance Commission

Emails from a strategic communications and marketing firm called Reingold7 also reveals that outside consultants were hired to manage the government’s collusion with social media to censor Americans. For example, Reingold set up a “partner support portal” for the CDC so that CDC officials could link emails to the portal for easier flagging of content it wanted censored by social media companies linked to the portal.

Big Tech Companies Involved in Government Censorship

On the private industry side, notable tech participants in the censorship meetings include:

Google Facebook
Twitter YouTube
Reddit Microsoft
Verizon Media Pinterest
LinkedIn Wikimedia Foundation

While some social media companies may have “hesitated” to censor on the government’s behalf at times, Facebook was certainly an eager beaver from the get-go. As early as February 2020, Facebook CEO Mark Zuckerberg was in contact with the State Department, offering its services to help “control information and misinformation related to coronavirus.”8

Biden Administration’s ‘Executive Privilege’ Denied

As you might expect, the White House has not cooperated with discovery and have fought to keep communications secret — especially with regard to Dr. Anthony Fauci’s correspondence — claiming all White House communications as “privileged.”

However, executive privilege does NOT apply to external communications, so the plaintiffs called on the U.S. District Court for the Western District of Louisiana to “overrule the government defendants’ objections and order them to supply this highly relevant, responsive and probative information immediately.”

September 7, 2022, Judge Terry Doughty did just that. The Biden administration’s claim of executive privilege was rejected and Doughty ordered the White House to hand over any and all relevant records.9 That includes correspondence to and from Fauci, White House press secretary Karine Jean-Pierre and many others. According to the judge’s order, they have three weeks to comply.

Examples of Illegal Government Censorship

On Twitter,10 Missouri AG Schmitt has shared a long list of examples of government censorship, including one document in which Clarke Humphrey, COVID-19 response digital director at the White House, asked Facebook to take down the Instagram account “anthonyfauciofficial,” a parody account dedicated to making fun of Fauci.11 Facebook complied.

Schmitt also shared emails12,13 between a senior Facebook official and the surgeon general, stating, “I know our teams met today to better understand the scope of what the White House expects from us on misinformation going forward.” This email came on the heels of the surgeon general’s July 2021 “misinformation health advisory.”

The CDC also coordinated with Facebook, providing them with talking points to debunk various claims, including the claim that spike protein in the COVID shots is dangerous and cytotoxic. In a July 28, 2021, email, a CDC official provided Facebook with the following counter-narrative, taken straight from the “How mRNA Vaccines Work” section on the CDC website:14

“Messenger mRNA [sic] vaccines work by teaching our cells to create a harmless spike protein …” (Emphasis in the original.)

Fast-forward to mid-June 2022, and the CDC was suddenly less sure about the harmlessness of the spike protein.

Up until then, the words “harmless spike protein” had always been bolded, but in this June revision, they removed the bolding, along with an entire section in which they’d previously claimed that mRNA was rapidly broken down and spike protein did not last more than a few weeks in the body.15 Clearly, the truth was catching up to them and certain lies were getting too risky to hold on to.

CISA also reached out to Google, Meta (Facebook’s parent company), Microsoft and Twitter for help, shortly after the DHS’s Disinformation Governance Board was announced.16 Fortunately, public outcry put an end to this Orwellian Ministry of Truth before it got started.

When Censorship Becomes Election Interference

According to The Washington Times:17

“Details about the Biden administration’s conduct raised the hackles of Republican lawmakers. ‘Confirming that this is the most dangerously anti-free speech administration in American history AND that Facebook … is nothing but an appendage of the deep state,’ Sen. Josh Hawley, Missouri Republican, said on Twitter as he shared news of the court filing.”

Other lawmakers are also getting involved. In an August 29, 2022, letter18,19 to Attorney General Merrick Garland and FBI Director Christopher A. Wray, Republican Sens. Charles E. Grassley of Iowa and Ron Johnson of Wisconsin requested records of the government’s contacts with social media companies to ascertain whether the FBI and/or DOJ did, in fact, instruct them to censor information about the Hunter Biden laptop scandal by falsely referring to it as “Russian disinformation.”20

Zuckerberg has also been asked21 to provide any correspondence involving the censorship of the Hunter Biden laptop story, especially as it pertains to the FBI’s instructions to censor this political hot potato — something he openly admitted in a recent Joe Rogan interview (see video above).22

Lawmakers Pursue Legislation to Penalize Gov’t Censorship

Three Republican House Representatives on the House Oversight and Reform, Judiciary, and Commerce committees — Reps. James Comer of Kentucky, Jim Jordan of Ohio, and Cathy McMorris Rodgers of Washington — have also introduced the Protecting Speech from Government Interference Act23 (HR.8752), aimed at preventing federal employees from using their positions to influence censorship decisions by tech platforms.

The bill would create restrictions to prevent federal employees from asking or encouraging private entities to censor private speech or otherwise discourage free speech, and impose penalties, including civil fines and disciplinary actions for government employees who facilitate social media censorship.

While the U.S. Constitution clearly forbids government censoring and restricting free speech, HR. 8752 could be a helpful enforcement tool, as people might tend to think twice when they know there’s a real and personal price to pay.

from:    https://articles.mercola.com/sites/articles/archive/2022/09/15/government-and-big-tech-collusion.aspx?ui=f460707c057231d228aac22d51b97f2a8dcffa7b857ec065e5a5bfbcfab498ac&sd=20211017&cid_source=dnl&cid_medium=email&cid_content=art1HL&cid=20220915_HL2&cid=DM1261937&bid=1604984985

Walnuts – Who Knew!

by MICHAEL TENNANT

Seen any walnuts in your medicine cabinet lately? According to the Food and Drug Administration, that is precisely where you should find them. Because Diamond Foods made truthful claims about the health benefits of consuming walnuts that the FDA didn’t approve, it sent the company a letter declaring, “Your walnut products are drugs” — and “new drugs” at that — and, therefore, “they may not legally be marketed … in the United States without an approved new drug application.” The agency even threatened Diamond with “seizure” if it failed to comply.

Diamond’s transgression was to make “financial investments to educate the public and supply them with walnuts,” as William Faloon of Life Extension magazine put it. On its website and packaging, the company stated that the omega-3 fatty acids found in walnuts have been shown to have certain health benefits, including reduced risk of heart disease and some types of cancer. These claims, Faloon notes, are well supported by scientific research: “Life Extension has published 57 articles that describe the health benefits of walnuts”; and “The US National Library of Medicine database contains no fewer than 35 peer-reviewed published papers supporting a claim that ingesting walnuts improves vascular health and may reduce heart attack risk.”

This evidence was apparently not good enough for the FDA, which told Diamond that its walnuts were “misbranded” because the “product bears health claims that are not authorized by the FDA.”

The FDA’s letter continues: “We have determined that your walnut products are promoted for conditions that cause them to be drugs because these products are intended for use in the prevention, mitigation, and treatment of disease.” Furthermore, the products are also “misbranded” because they “are offered for conditions that are not amenable to self-diagnosis and treatment by individuals who are not medical practitioners; therefore, adequate directions for use cannot be written so that a layperson can use these drugs safely for their intended purposes.” Who knew you had to have directions to eat walnuts?

“The FDA’s language,” Faloon writes, “resembles that of an out-of-control police state where tyranny [reigns] over rationality.” He adds:

This kind of bureaucratic tyranny sends a strong signal to the food industry not to innovate in a way that informs the public about foods that protect against disease. While consumers increasingly reach for healthier dietary choices, the federal government wants to deny food companies the ability to convey findings from scientific studies about their products.

Walnuts aren’t the only food whose health benefits the FDA has tried to suppress. Producers of pomegranate juice and green tea, among others, have felt the bureaucrats’ wrath whenever they have suggested that their products are good for people.

Meanwhile, Faloon points out, foods that have little to no redeeming value are advertised endlessly, often with dubious health claims attached. For example, Frito-Lay is permitted to make all kinds of claims about its fat-laden, fried products, including that Lay’s potato chips are “heart healthy.” Faloon concludes that “the FDA obviously does not want the public to discover that they can reduce their risk of age-related disease by consuming healthy foods. They prefer consumers only learn about mass-marketed garbage foods that shorten life span by increasing degenerative disease risk.”

Faloon thinks he knows why this is the case. First, by stifling competition from makers of more healthful alternatives, junk food manufacturers, who he says “heavily lobb[y]” the federal government for favorable treatment, will rake in ever greater profits. Second, by making it less likely that Americans will consume healthful foods, big pharmaceutical companies and medical device manufacturers stand to gain by selling more “expensive cardiac drugs, stents, and coronary bypass procedures” to those made ill by their diets.

But people are starting to fight back against the FDA’s tactics. “The makers of pomegranate juice, for example, have sued the FTC for censoring their First Amendment right to communicate scientific information to the public,” Faloon reports. Congress is also getting into the act with a bill, the Free Speech About Science Act (H.R. 1364), that, Faloon writes, “protects basic free speech rights, ends censorship of science, and enables the natural health products community to share peer-reviewed scientific findings with the public.”

Of course, if the Constitution were being followed as intended, none of this would be necessary. The FDA would not exist; but if it did, as a creation of Congress it would have no power to censor any speech whatsoever. If companies are making false claims about their products, the market will quickly punish them for it, and genuine fraud can be handled through the courts. In the absence of a government agency supposedly guaranteeing the safety of their food and drugs and the truthfulness of producers’ claims, consumers would become more discerning, as indeed they already are becoming despite the FDA’s attempts to prevent the dissemination of scientific research. Besides, as Faloon observed, “If anyone still thinks that federal agencies like the FDA protect the public, this proclamation that healthy foods are illegal drugs exposes the government’s sordid charade.”

Source: The New American – Like The New American on facebook

from:    http://www.realfarmacy.com/walnuts-are-drugs-says-fda/

Freedom of Speech, Psychics, Lies, and Entertainment

Fortunetelling Verdict Raises Thorny Questions

Analysis by Benjamin Radford
Tue Jul 17, 2012

Psychicblog
Last week a federal judge in Alexandria, Louisiana, overturned a law banning fortunetelling on the basis that it is free speech protected by the First Amendment.

U.S. District Judge Dee Drell struck down an ordinance outlawing fortunetelling, astrology, palm reading, tarot, and other forms of divination on the grounds that the practices are fraudulent and inherently deceptive. The case involved a fortuneteller named Rachel Adams who sued to overturn the law and won.

About one in seven Americans have consulted a psychic or fortuneteller, and their services are in high demand, especially during hard economic times. This curious case raises issues about the boundary between freedom of speech and fraudulent (or at least unproven) claims.

There are, of course, exceptions to free speech that go beyond yelling fire in a crowded theater. People who lie on their tax returns can be convicted of tax evasion, and those who lie in a court of law can be convicted of perjury, which under federal law is a felony. Companies, also, are legally prohibited from making false statements about their merchandise; Ford cannot claim its cars get 200 miles per gallon, and vitamin manufacturers cannot advertise that their pills cure cancer. But other cases are murkier.

Free Speech and The Right to Lie

Last month the Supreme Court ruled that Xavier Alvarez, a public official who falsely claimed that he had received the Medal of Honor, could not be prosecuted under the Stolen Valor Act, a 2006 law that made it a crime to falsely claim “to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States.” Alvarez admitted that his statements were false, but claimed that his lies were free speech protected by the First Amendment. The Supreme Court agreed and overturned the law.

 

The First Amendment freedom to lie and misrepresent matters of fact was even invoked by top Wall Street credit rating companies including Standard & Poor’s, Moody’s Investors Service, and others. In the months and years leading up to the global financial crash, these companies routinely inflated the ratings of billions of dollars worth of investments they bought and sold. When investors and investigators demanded to know why companies that were given stellar confidence ratings one day went bankrupt the next, the agencies claimed that their investment ratings were merely “opinions” not necessarily based on truth or fact, and as such were protected by the First Amendment.

Psychics and fortunetellers try a similar strategy, often offering their services “for entertainment only,” a tacit acknowledgement that the information they provide may not be reliable. Yet the fact is that—like clients of credit rating companies—the clients of psychics often do take the advice they get seriously, making life, love, and career decisions based upon fortunetelling. If clients truly are seeking only entertainment, for the $40 to $100 per hour psychics typically charge there are far cheaper ways to be entertained.

Some fortunetellers offer readings for fun and pleasure, and for the most part it’s not palm reading per se that police are concerned about, it’s the confidence schemes, theft by deception, and fraud that often accompany fortunetelling. One common scam involves luring clients in with inexpensive readings, then convincing them that a recent misfortune is the result of a curse put on them by an enemy. The imaginary curse can be lifted but it won’t come cheap, and some victims have been robbed of tens of thousands of dollars. In one recent case a “psychic” misused the influence and trust placed in him to sexually exploit several women.

How Stuff Works: Pet Psychics

The issue of fortunetelling is a tricky legal and ethical area. Although psychic powers and prediction have never been proven to exist (and indeed have failed in well-controlled scientific tests), psychics themselves often genuinely believe in their powers. Other professions can at least provide concrete proof of ability: a mechanic can prove to clients he can fix a transmission by doing it; a doctor can prove to patients she can perform heart surgery by being certified (and doing it). Psychics, on the other hand, cannot prove they can accurately predict the future; if they could, they should be making a killing on Wall Street or in highly-paid positions protecting national security.

Is it ethical to accept money for a service you cannot scientifically prove you can provide, even if you believe you can? How is that different than a lawyer who takes on a case knowing she can’t win (but pretending she can), and gets paid either way? Perjury and fraud only make it a crime to knowingly lie or misrepresent matters of fact, and fortunetellers—like Wall Street credit rating firms—can always say that their claim to psychic abilities is their (Constitutionally protected) opinion. Caveat emptor.

Photo Credit: Corbis

from:    http://news.discovery.com/human/fortunetelling-free-speech-120717.html

Holding Up for the First Amendment

Naomi Wolf

Bestselling Author, The End of America: Letter of Warning to a Young Patriot

The First Amendment and the Obligation to Peacefully Disrupt in a Free Society

Posted: 10/22/11 04:03 PM ET

Mayor Bloomberg is planning Draconian new measures to crack down on what he calls the “disruption” caused by the protesters at Zuccotti Park, and he is citing neighbors’ complaints about noise and mess. This set of talking points, and this strategy, is being geared up as well by administrations of municipalities around the nation in response to the endurance and growing influence of the Occupation protest sites. But the idea that any administration has the unmediated option of “striking a balance,” in Bloomberg’s words, that it likes, and closing down peaceful and lawful disruption of business as usual as it sees fit is a grave misunderstanding — or, more likely, deliberate misrepresentation — of our legal social contract as American citizens.

Some kinds of disruption in a free republic are not “optional extras” if the First Amendment governs the land, as it does ours, and are certainly not subject to the whims of mayors or local police, or even DHS. Just as protesters don’t have a blanket right to do everything they want, there is absolutely no blanket right of mayors or even of other citizens to be free from the effect of certain kinds of disruption resulting from their fellow citizens exercising First Amendment rights. That notion, presented right now by Bloomberg and other vested interests, of a “disruption-free” social contract is pure invention — just like the flat-out fabrication of the nonexistent permit cited in my own detention outside the Huffington Post Game Changers event this last Tuesday, when police told me, without the event organizers’ knowledge and contrary to their intentions, that a private entity had “control of the sidewalks” for several hours. (In fact, the permit in question — a red carpet event permit! — actually guarantees citizens’ rights to walk and even engage in political assembly on the streets if they do not block pedestrian traffic, as the OWS protesters were not.)

I want to address the issue of “disruption,” as Bloomberg is sending this issue out as a talking point brought up on Keith Olbermann’s Coundown last night: the neighbors around Zuccotti Square, says Bloomberg, are feeling “disrupted” by the noise and visitors to the OWS protest, so he is going to crack down to “strike a balance” to address their complaints. Other OWS organizers have let me know that the Parks Department and various municipalities are trying to find a way to eject other protesters from public space on a similar basis of argument.

Please, citizens of America — please, OWS — do not buy into this rhetorical framework: an absolute “right to be free of disruption” from First Amendment activity does not exist in a free republic. But the right to engage in peaceable disruption does exist.

Citizens who live or work near protest sites or marches have every right to be free of violence from protesters and they should never be subjected to destruction of property. This is why I am always saying to OWS and to anyone who wants to assemble: be PEACEFUL PEACEFUL PEACEFUL. Be respectful to police, do not yell at them; sing, don’t chant; be civil to pedestrians and shop owners; don’t escalate tensions; try to sit when there is tension rather than confront physically; be dignified and be nonviolent.

But the First Amendment means that it actually is not up to the mayor or the police of any municipality, or to the Parks Department, or to any local municipality to prohibit public assembly if the assembly is peaceful but disruptive in many ways.

Peaceful, lawful protest — if it is effective — IS innately disruptive of “business as usual.” That is WHY it is effective.

The Soviet Union was brought down by peaceful mass protest that blocked the streets and filled public squares. Many white residents of Birmingham Alabama in the 1960s would have said it was very disruptive to have all these African Americans marching through Birmingham or protesting the murder of children in churches. The addresses by Dr. King on the Mall were disruptive of the daily life of D.C. King himself marched without permits when permits were unlawfully applied. It is disruptive to sit at a whites-only counter and refuse to move and be covered with soda and pelted with debris and dragged off by police. It disrupted the Birmingham bus system for African Americans in the Civil Rights movement to organize a bus boycott. It is disruptive when people refuse to sit at the back of the bus.

When Bonus Marches — thousands of unemployed and desperate former veterans who had been promised and denied their bonus checks in the Depression, which they needed to feed their families — camped out for months on the Mall in D.C. and sat daily (when this was possible) on the steps of Congress, they won, eventually, because of the disruption. Some of the power of real protest, which is peaceful and patient and civil but disruptive, comes from the emotional power of the human face-to-face: all those Congresspeople had to look those hungry men in the eyes on their way to legislate the decision about the bonus.

Most of us need to remember, or learn for the first time (since this information is usually concealed from us) that the First Amendment, and the Constitution in general, supersedes all the laws of municipalities in violation of the constitution, as stated in the 1925 Gitlow v. New York ruling. So the First Amendment supersedes the restrictive permit laws now being invoked against protesters. The First Amendment was designed to allow for disruption of business as usual. It is not a quiet and subdued amendment or right.

Indeed, our nation’s founding was a series of rowdy and intense protests, disrupting business as usual for tax collectors and mercenaries up and down the eastern seaboard. Even after the establishment of the new nation massive, highly disruptive protests of various laws, Congressional actions, and even of foreign policy were absolutely standard expressions of political speech, and whether they liked the opinions expressed or not, these protests were spoken of by Jefferson, Benjamin Franklin, Washington and others — some of whom themselves were the subjects of these protests — as part of the system they had set in place working, and the obligation of American citizens.

Dr. King, when asked about disruption, said that the disruption caused by peaceful protest is good and healthy in a society, because it is the result of festering problems that need to be addressed and that are buried being brought into light to be dealt with constructively.

But I would want to remind OWS, and any protesting group, that peaceful and dignified disruption of business as usual is very different from violence, anarchy or rioting, which must always be avoided. This is why I keep telling OWS and others: be peacefulDon’t march in a militaristic way. Don’t cover your faces or let anyone with you cover their faces. Bring old people. Bring kids. Bring instruments, form bands of musicians and singers. Don’t fight. Don’t destroy property.

If neighbors complain about mess, bring brooms (as the Egyptians did) and clean up, not just the park but the whole neighborhood. Bake cookies FOR the neighbors. Be the good examples of civil society that you want to spread. Bring whole families (good job with that family sleepover in Zuccotti Park last night). I would go further: emulate the Civil Rights movement and wear your Sunday best at key times when you protest. Wear suits and dresses when it is practical, or wear red, white and blue when conditions are rougher. Bring American flags. Bring the Constitution. Don’t give the narrators any excuse to marginalize you because of the visuals or because of any individuals’ erratic or anarchic behavior.

to read more, go TO:    http://www.huffingtonpost.com/naomi-wolf/occupy-wall-street-bloomberg-free-speech-right-to-disruption-_b_1026535.html