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Supreme Court Appears to Lean Favorably Toward Government in First Amendment Case of Federal Coercion of Social Media

Oral arguments were heard today in the appeal of the government against the states of Louisiana, Missouri and seven plaintiffs who claim that Biden officials, including Surgeon General Vivek Murthy, violated the First Amendment by pressuring social media platforms to suppress or delete content about COVID-19 that federal officials found objectionable.

The Biden administration had an extensive communication pipeline into Twitter, Facebook, Instagram, Google, YouTube and various subsidiary tech companies where instructions, the government says “encouragement”, were/was given about the removal of content critical of the government position, and the removal of content providers – American citizens.  Full Hearing Audio:

Making the case for the Biden administration, Deputy Solicitor General Brian Fletcher led the way.  “We don’t think it’s possible for the government — through speech alone — to transform private speakers into state actors,” he said.

Fletcher said the government didn’t engage in coercion — which he said would be unconstitutional — just encouragement and persuasion for the social media platforms to enforce their existing rules at the time barring Covid-19 misinformation.  “If it stays on the persuasion side of the line — and all we’re talking about is government speech — then there’s no state action and there’s also no First Amendment problem,” he said. “I think it’s clear this is exhortation, not threat.”

Louisiana state Solicitor General Benjamin Aguiñaga, arguing for the plaintiffs, said the speech the platforms were suppressing wasn’t their own speech but those of third parties, ordinary Americans. Aguiñaga also said the users often had no idea they were being impacted by the federal effort to prod the platforms to take down content.  “The bulk of it is behind closed doors. That is what is so pernicious about it,” he said.

The questioning by the majority of the Supreme Court justices appeared to favor the government, in large part due to the inability of the plaintiffs to outline direct actionable harm to them as an outcome of the regulation of their speech by the tech platforms.  The Supreme Court is expected to issue a decision in the case by late June.

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Chris Pavlovski (CEO Rumble) and Devin Nunes (CEO Truth Social) Discuss How They Protect the Liberty Flame of Free Speech

Appearing on NewsMax, Chris Pavlovski and Devin Nunes explain how their communication and content platforms are anti-fragile to the big tech censorship regime. {Direct Rumble Link}

It is critical that people, particularly Americans, understand the position of both Mr Nunes and Mr Pavlovski as fortresses against the DHS tech rollout, which CTH has outlined in great detail {Go Deep}.  Both platforms, Truth Social and Rumble, will remain under constant assault as they represent a threat to those who seek to control information and ultimately public opinion.

Pavlovski and Nunes are anti-fragile to the customary attack vectors, whereas Musk is fragile, exposed and vulnerable – as he has self-admitted recently.  In the next several months, this is going to become much more important. WATCH:

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Neil Oliver – The Season of Santa’s Surveillance

Against the revelation that DOJ officials gathered the Trump Twitter hit list of wrong thinking Americans, including all the metadata therein, this monologue by Neil Oliver -a good friend of the Treehouse- is timely and prescient in its forethought.

Discussing how the new legislative effort in Ireland is intended to conduct surveillance on the Emerald Isle nationalists, ie dissident voices within the Irish population considered adverse to the interests of the state, Neil Oliver outlines how the communication freedom of most Irish citizens is now dispatched.  Irish citizens are now under full government surveillance for any speech that might be considered dangerous.

Populations of various countries already experienced the testing ground of government control in the recent COVID-19 vaccination process.  Regulated freedom was contingent upon compliance with an untested vaccine, so it should not be a surprise to see the next evolution of control – the control over speech and communication.

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13 years ago, people on these pages did not quite fathom what I was implying with the sharing of the image below.  However, if you have watched the Oliver monologue, and you are one of the non-pretending wolverines who find ways to live amid the surveillance with a productive free purpose, just like a Rorschach test, the imagery might take on a new perspective.

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Special Prosecutor Jack Smith Seeks Gag Order on President Trump

Earlier today U.S. District Court Judge Tanya Chutkan unsealed previously hidden court filings revealing the DOJ’s request to silence Donald Trump via a judicial gag order [Read PDF Here].

Special Prosecutor Jack Smith is arguing that President Trump is undermining the fairness of the proceedings by pushing back against the narratives and leaks the DOJ is providing to the media.  As noted by Smith, President Trump is “disparaging” and delivering “inflammatory attacks” on prosecutors, witnesses and the judge in the case.

[SOURCE LINK]

I think we all knew this request was eventually going to happen.  The question going forward is whether Judge Chutkan is willing to attempt to block the #1 presidential candidate from speaking, while simultaneously allowing the DOJ/FBI and Jack Smith to leak to the media.

Unfortunately, I think the intent to support the request is exactly why Judge Chutkan unsealed the request.  She is trying to control the blast damage from a decision she fully intends to make.

President Trump responded on Truth Social:

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Irish Media Minister Supports Government Defining What Is True and What Speech Can Be Permitted Online

Discussing the implementation of the Digital Services Act (DSA), Ireland’s Media Minister defends the decision that a government appointed entity will ultimately decide what speech is permitted by citizens.  This is the next phase in the control of opposition to the expansion of government controls.  We are all traveling at the front of one long continuum toward tyranny.

Are the people of Ireland so weak and pathetic they cannot make decisions or formulate opinions for themselves?  Of course not.  This is not what government control of information is about.  Government control of information is about CONTROL of the people. WATCH:

CTH has encountered criticism for our position on information.  Perhaps it is important to step back and explain exactly why we should not be playing by rules established to control us while engaged in the battle of ideas.  First, my position:

…”There is no such thing as “disinformation” or “misinformation”.  There is only information you accept and information you do not accept.  You were not born with a requirement to believe everything you are told; rather, you were born with a brain that allows you to process the information you receive and make independent decisions.”… 

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X-Corp CEO Linda Yaccarino: “If it is lawful but it’s awful, it’s extraordinarily difficult for you to see it, and you get labeled”…

X-Corp, formerly known as Twitter, CEO Linda Yaccarino appeared on CNBC to discuss the new direction of the platform and affirm her complete autonomy to control the decision making within the corporation.

It’s important to note the timing for the first CEO appearance of Yaccarino against the backdrop of CTH financial analysis of the company.  According to my calculations X-Corp will run out of working capital, the actual cash needed to pay expenses, in mid to late October; roughly two months from now.  At that point Elon Musk and Linda Yaccarino will need to go back into the market for more cash.

After asserting her complete unilateral control over all decision making within the company, Yaccarino then went on to discuss how information will be defined according to new operational standards she is helping to implement.  The pertinent part of the conversation happens at the 01:16 point of the video segment below. WATCH: 

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…”if you are going to post something that is illegal or against the law, you’re gone. Zero tolerance. But more importantly, if you are going to post something that is lawful, but it’s awful, you get labeled.  You get labeled, you get deamplified, which means it cannot be shared, and it is certainly demonetized. … So, they [advertisers] are protected from the risk of being next to that content.”… 

The position essentially seems reasonable, I guess. However, I still don’t trust any of the cattle car valets with DHS authorizations and credentials.

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DOJ Celebrates First Criminal Conviction in U.S. History for Creating a Meme – The Future of The First Amendment Under the “Restrict Act” Clarifies

Welcome to The United States of America in 2023, where we see the first ever criminal conviction of a U.S. citizen for creating a meme. A man created a picture determined to be illegal by a Dept of Justice focused on the arrest and incarceration of people working against the interests of a weaponized government.

We will see what happens on appeal.  After the jury remained deadlocked for three days, and after thrice telling the judge they were deadlocked, Judge Ann Donnelly threatened not to release them from duty unless and until they came to a decision on guilt.  The jury subsequently found Douglass Mackey, a 33-year-old who went by the name Ricky Vaughn on Twitter and a resident of Florida (insert DeSantis silence here), guilty of creating a meme against the interests of the U.S. government.

The DOJ Celebrates – Douglass Mackey, also known as “Ricky Vaughn,” was convicted today by a federal jury in Brooklyn of the charge of Conspiracy Against Rights stemming from his scheme to deprive individuals of their constitutional right to vote.  The verdict followed a one-week trial before United States District Judge Ann M. Donnelly.  When sentenced, Mackey faces a maximum of 10 years in prison.

Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the verdict.

“Mackey has been found guilty by a jury of his peers of attempting to deprive individuals from exercising their sacred right to vote for the candidate of their choice in the 2016 Presidential Election,” stated United States Attorney Peace.  “Today’s verdict proves that the defendant’s fraudulent actions crossed a line into criminality and flatly rejects his cynical attempt to use the constitutional right of free speech as a shield for his scheme to subvert the ballot box and suppress the vote.”

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The Current Danger – Some People Need a TL;DR Version

I am told that due to the attention span of many people, a “tl;dr” (too long; didn’t read) encapsulation is needed.

If you need the short version, or want to share it,…

….FIND IT HERE

(all citations enclosed)

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House Subcommittee on Fed Weaponization Has Many Potential Approaches – Needs to Narrow Targeting for Optimum Sunlight

The newly formed House Subcommittee on the Weaponization of the Federal Government has to narrow the focus and make a decision on which of the myriad of examples will best highlight the weaponization issue for the American people.

The U.S. government weaponization of the FBI is clear from the influence operations in elections, to the hiding of the Hunter Biden laptop, to the targeting of parents at school board meetings, to the entirety of what is evident in the Twitter files, domestic social media operations and even the FBI activity in the J6 events.

The FBI issues are widespread and clearly visible. However, only those who have followed the weaponization of the FBI realize the scale.  To the larger U.S. electorate, the FBI targeting remains unknown because the mainstream media has buried it.  Should the FBI weaponization be the primary target of sunlight?

This sets up the context for a monologue and interview by Fox News host Jason Chaffetz and members of the House Committee.  Two segments, first with Michael Shellenberger, then the segment with Harriet Hageman, Mike Johnson and Dan Bishop.  {Direct Rumble LinkWATCH:

The next segment is with House representatives and committee members Harriet Hageman, Mike Johnson and Dan Bishop {Direct Rumble Link}

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Fishy Business – Arizona Mandatory Recounts Revealing Significant GOP Gains, Hobbs Sealed Results Until After Her Lawsuit Completed

Oh, now this is just the proverbial cherry on the fishy cake in Arizona.   The results of a mandatory recount in Pinal County, Arizona, are set to be released today, December 29th, showing “significant discrepancies” from the original vote.  Results favoring the republican candidates [Details Here].

Then there’s this very interesting development….

“The results of the statutorily required recount in 3 races were expected to be released on December 22nd however, inexplicably, Secretary of State Katie Hobbs petitioned the courts to have the results go directly to her office and asked to postpone the release until December 29th.”

Apparently, in her role as Secretary of State Katie Hobbs filed a motion with the court to seal the final recount result until after the lawsuit filed in Maricopa County against her was concluded.  That means the Lake team did not have the results of three recounts to use in court as evidence that something sketchy in Arizona had taken place.

It appears Mrs. Hobbs intentionally did not want the recount information coming out until her lawsuit to become governor was completed.

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