The Morning Report 3/19/24

Good morning, kids. There can never be a national emergency or crisis situation, be it a war, civil unrest or a plague, when it is permissible for the government to take away our right of free speech. It, along with the Second Amendment, are the one-two punch intended as the firewalls that are or were supposed to protect us from tyranny. And yet that is exactly what is being debated right now in the Supreme Court, specifically concerning that bit about “plague.” And the legal eagles that are reading the tea leaves based on the justices comments are not exactly exuding strength and confidence that the First Amendment will prevail.

[Justice Kentanji Brown-25] Jackson had earlier presented a hypothetical situation in which social media platforms were allowing a dangerous trend to circulate in which children were encouraged to jump out of windows “at increasing elevations.” She asked whether government authorities could not “encourage social media platforms to take down the information that is instigating this problem.”

Aguiñaga suggested that the government could use the “bully pulpit” to push back against the content of the information, but could not call the social media platforms to encourage them, or coerce them, to take down the information.

Jackson objected, saying that it was not enough to say that the government could post its own speech. There were situations, she suggested, in which the government could “encourage or require this kind of censorship” necessary for public safety.

To say “just fucking wow” in reaction to this, considering what we know the anti-American left are by bitter experience is a waste of breath. Remember that this is someone who, at her confirmation hearing couldn’t articulate the definition of a woman.

Meh, not so much couldn’t but wouldn’t, as to do so would make her the instrument by which the mass forced psychosis of transsexualism would’ve been exposed for all to see. In fact, had Marsha Blackburn (IIRC she was the one who sort of cornered Brown 25 on this) gone just a step further, she could’ve twisted her into knots trying to defend the continued necessity of the 19th Amendment and really caused heads to explode, but I guess that was expecting too much even for someone who I consider one of the few GOP Senate stalwarts. 

In any case, logic, reason and tradition should – should – dictate that even a plague, real or in this case as we now know, the intentionally hyped fear of a plague, does not allow the quashing of the First Amendment, even and really especially in cases where the citizenry, scientists, medical professionals and real journalists raise serious doubts as to the government’s official story about all the aspects of the alleged “emergency.”

The bitter irony here is that even this government’s own ideologically-driven, inept bureaucracy, the CDC, which hyped and lied about the origin, cause, and dangers of the disease, ditto the effective treatments and the snake oil that was the vaccines, finally admitted that what was supposed to be a humanity-ending Andromeda strain strained only their own credibility. That is, it was merely a worse-than-usual flu, that commonly available, cheap therapeutics like ivermectin and HCQ were indeed effective, masking, lockdown social distancing and the much ballyhooed vaccines and multiple boosters were worse than useless, and that our own government in the form of mini-Mengele Fauci funded and helped the Chi-Coms create and perhaps unleash this Franken-virus.

Even more bitterly ironic is the fact that the government went after anyone and everyone who challenged their narrative to the point of stripping doctors and researchers of their licenses to practice medicine. Which is why this case has come to the Supreme Court in the first place!

But putting COVID aside, the estimable Margot Cleveland made this cromulent observation, which pace my aforementioned logic, reason and tradition should all by itself rule in favor of the First Amendment:

[Tweeting on “X”] Federalist Senior Legal Correspondent Margot Cleveland called the government’s response “horrible” for three reasons. “1) because an emergency doesn’t trump 1st amendment,” 2) it happened with elections, 3) it happened with Hunter Biden.

Federalist Executive Editor Joy Pullmann reported last summer that “the Cybersecurity and Infrastructure Security Agency, a federal agency, set up a private entity to ban and throttle election-related online speech Democrats dislike.”

“Much of the information choked by this algorithmic censorship operation is true, such as the legitimacy of Hunter Biden’s laptop,” Pullmann wrote.

The federal government also sought to suppress information during the 2020 election implicating the Democrats’ presidential nominee in his son’s potentially criminal overseas business schemes. . . 

. . . Biden-appointed Justice Ketanji Brown Jackson asked if the government conceded whether platforms were coerced into speech censorship.

“I’m interested in your view that the context doesn’t change the First Amendment principles,” Brown said. “I understood our First Amendment jurisprudence to require heightened scrutiny of government restrictions of speech but not necessarily a total prohibition when you’re talking about a compelling interest of the government to ensure, for example, that the public has accurate information in the context of a once-in-a-lifetime pandemic.”

Jonathan Turley, a George Washington University law professor and frequent Fox News legal analyst, called the question on X “chilling for free speech advocates.”

As I’ve been writing over the past few Morning Report editorials, it’s not about speech or words per se; it’s about who gets to decide what speech is acceptable, what isn’t and what happens to those who violate the rules laid down by whoever the gatekeepers-du-jour happen to be. And not just about hypotheticals regarding trends “encouraging kids to jump out of windows.” As an aside, this steers us into the debate about the censorship of TikTok, which is a ChiCom tool that is being used to brainwash America’s youth into everything from swallowing Tide Pods to rallying in favor of slaughtering Jews in Israel and right here at home. 

Like everything else, the “cure” proposed by government seems to be far worse than the problem itself, seemingly setting up Patriot Act 2, Internal Security Boogaloo. When Donald Trump and Titty-Caca AOC both agree that what’s being proposed is bad, it kind of makes you sit up and take notice. 

But Psaki-Psircling back to Murthy, aside from the now in-your-face, naked will to power of the anti-American Left and those who support it for fun and profit, what the government is seeking in winning this case is having the veneer of legitimacy in openly demanding that any voices contra its own be squelched. 

As of right now, they have a propaganda industrial complex that will eagerly do their bidding automatically, or with a nod and a wink. Still, it’s not 100% effective since much of the internet as well as talk radio to greater or lesser extent is beyond their reach because of that pesky First Amendment. Brown-25 and other two Marxists are for sure a lock. The problem with the Roberts court is not only primarily Roberts but the mercurial and unpredictable Gorsuch, Kavanaugh and Coney-Island.

Outrageously, the government claimed its purported right to speech would be under threat should the court side with the plaintiffs — a right it acknowledged is not constitutional but part of “democratic governance.”

It lamented it would be subjected to “sprawling audits” if the standards in the case held and it is subjected to oversight and accountability when it threatens our most basic rights.

Our ruling regime, that is, played the victim. . . 

. . . Roberts, for example, questioned whether the government was monolithic, insinuating multiple agencies might have different views, diluting its coercive ability. He asked if a hypothetical “We encourage you to take it down” message from a government official constitutes coercion.

Kavanaugh alluded multiple times to the idea government frequently challenges traditional media the same way it does social-media companies — to sit on or correct stories — without it rising to the level of a First Amendment case. 

Barrett seemed to question the clarity of the plaintiffs’ position altogether.

Witnessing oral arguments from inside the room, I thought Aguiñaga was put on his back foot, conceding that if the court took issue with the injunction’s terms or breadth, the plaintiffs would accept narrow tailoring but pleading it “has to say something in our favor on the merits.”

If the court does not, we can kiss what remains of our First Amendment goodbye.

Go long on smoke signals and oatmeal cans with string, I guess. But Trump said “bloodbath!”



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  • “Witnessing oral arguments from inside the room, I thought Aguiñaga was put on his back foot, conceding that if the court took issue with the injunction’s terms or breadth, the plaintiffs would accept narrow tailoring but pleading it ‘has to say something in our favor on the merits.’ If the court does not, we can kiss what remains of our First Amendment goodbye.” The Supreme Court Hints it May Give Away Our Free Speech Rights in Social Media Censorship Case
  • “The justices are set to hear oral argument in Murthy v. Missouri, a First Amendment challenge to the Biden [junta] pandemic-era censorship enterprise. The New Civil Liberties Alliance, where I am litigation counsel, represents distinguished scientists whose speech was abridged on social media platforms as a result of federal government’s action.” SCOTUS Must Protect the 1st Amendment. The Biden Junta Certainly Won’t.
  • We can all agree that yelling “fire” in a crowded theatre is not protected speech because it poses an immediate and clear danger to public safety However, the problem with the Biden [junta’s] policy is that what it deems harmful can often be subjective, making such efforts prone to overreach and censorship potentially infringing upon individuals’ right to free expression.  Justice Ketanji Brown “25” Jackson Has a Horrifying View of the First Amendment
  • Aguiñaga suggested that the government could use the “bully pulpit” to push back against the content of the information, but could not call the social media platforms to encourage them, or coerce them, to take down the information. Jackson objected, saying that it was not enough to say that the government could post its own speech. There were situations, she suggested, in which the government could “encourage or require this kind of censorship” necessary for public safety. Ketanji Brown “25” Jackson Concerned First Amendment “Hamstringing the Government”
  • Federalist Senior Legal Correspondent Margot Cleveland called the government’s response “horrible” for three reasons. “1) because an emergency doesn’t trump 1st amendment,” Cleveland wrote on X, adding censorship also took place related to elections and Hunter Biden. Federal Government Claims “Once-in-a-Lifetime Pandemic” Excuses First Amendment Violations

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  • The decision, which Roberts noted is “distinct from his pending appeal on the merits,” means [political prisoner Peter] Navarro will have to report to a Miami prison tomorrow as he was ordered to do earlier this month. Navarro asked the Supreme Court on Friday to pause the sentence pending the appeal of his conviction on contempt of Congress charges over defying a Jan. 6 committee subpoena. Former Trump Official Forced to Appear at Jail After John Roberts Declines Sentence Pause
  • Margot Cleveland: “Fani Willis and the Fulton County D.A.’s office now have a personal stake in prosecuting the defendants who exposed Willis’s affair.” It’s a Miscarriage of Justice to Let Fani Willis Keep Prosecuting Trump (His prosecution itself is a miscarriage of justice – jjs) 
  • “…efforts ‘have included approaching about 30 surety companies through 4 separate brokers.’” Trump Cannot Get $464 Million Bond in New York Civil Case
  • “It’s becoming increasingly difficult to deny that we have a legal system now that is being heavily distorted by politics and you cannot look at all of these cases and see blind justice, you see the opposite. You see a justice that is being weaponized, and in many ways the Democrats fulfill the narrative of President Trump. He is now right. No matter what they thought about it at the beginning, they proved him to be right with this pile-on from Florida to Georgia, to Washington, D.C., to New York and most of the public gets it.” Jonathan Turley Says Prosecutions of Trump Prove Him ‘Right’ About Weaponization of Government
  • “The Left opened the presidential immunity door. Now let them deal with the results.”Immunity: Not So Simple


  • “Deluca has accumulated a significant social media following, as well as having served as an ambassador for Turning Point USA and as an intern for Congressmen Lee Zeldin of New York and Paul Gosar of Arizona.” (Burning down a Minneapolis police station, though, is totally fine – if you’re a leftist – jjs) Feds Charge MAGA Influencer Isabella De Luca for TOUCHING A TABLE on Jan 6
  • “Canceling business certificates is carte blanche to go after anyone for anything,” one developer told the paper. “I’m not defending Trump. But now they have another tool in their toolbox. Where does it end? It’s a little scary.” ‘Escape From New York,’ Starring Donald Trump – and Every Other Developer
  • According to reports, the “fight” (which was less a fight and more of a targeted attack), took place Friday at Eagle Ridge Middle School in Savage, a town about 20 miles south of Minneapolis. Cell phone footage of the assault shows a white boy standing with his back to a row of lockers as two much larger black kids taunt him before suddenly punching him repeatedly in the head and torso as he falls to the ground. It’s not clear what preempted the assault, or why no adult intervened during the 14-second video. Another Day, Another Video of a White Student Beaten Senseless By Black Bullies
  • “I think getting the boot from MSNBC might have broken the poor guy, Maybe he needs a few more cats. After all, when you fall from such heights, you find yourself locked in a battle to remain relevant since most people have to Google your last name to see if it is spelled with one n or two or recall who you are.  The Master of the Optical Urinalysis was back at it bright and early Monday morning, perhaps trying to trade off the weekend’s ‘Bloodbathgate’ and remind his followers that he still knows how to use a computer. Washed Up Penis-Envy Sufferer Keith Olbermann Wishes Upon a Star for Trump’s Assassination




  • “By hobnobbing with Indivisible Philadelphia, Casey runs the risk of undermining his image as a moderate Democrat in a tough reelection year. Casey, who took office in 2007, leads presumptive Republican nominee Dave McCormick by just 4 points in a recent Emerson poll, a narrow margin for a three-term incumbent. Former president Donald Trump beat [so-called quote-unquote “president”] Joe Biden by 4 points in the poll.” Bob Casey Will Campaign With Anti-Police Group Amid Tough Reelection Fight
  • “Every day our prosecutors go into court + fight for justice & public safety. Yet, almost daily they are met w/ staunch resistance within the courthouse. Not only was this victim denied justice, but all San Franciscans were left less safe today due to this reckless decision.” San Francisco: Violent Repeat Offender Given Probation After Brutal Assault of 94-Year-Old Asian Woman
  • “Here’s what needs to be said again and again: the physical requirements for being a cop are not arbitrary. It’s a physically demanding job, and in this next clip, you’ll see what happens when you drop the non-arbitrary physical requirements just to meet an arbitrary Diversity/Inclusion/Equity (DIE) hiring goal.” Guess What It Takes to Become a Cop in Nashville Now. . . 
  • “Many tourist burglars who’ve been arrested often entered the U.S. through a visa waiver program. Many were visiting from Chile and other South American countries.”
 LAPD Forms Special Task Force To Combat Foreign Gangs Burglarizing Homes (For starters, get rid of that DA Gaviscon asshole, restore the sanctity of the 2A, and deport illegals – jjs)







  • “You’re going to have to win this one the old-fashioned way.” An Open Letter to Lawfare-Loving Democrats
  • “A place where anyone can feel like a president.” Watch Trump Troll Biden With “White House Senior Living” Ad
  • “The poll finds Moreno leading the pack with 38 percent support, marking a monumental 15-point surge compared to an earlier Emerson College/Nexstar Media poll published last Wednesday. In the latest poll, State Sen. Matt Dolan (R) comes in second place with 29 percent, up 3 points from last week, followed by Secretary of State Frank LaRose (R) at 12 percent. Another 21 percent of the respondents are undecided.” Poll: Bernie Moreno Takes Commanding Lead in Ohio on Eve of Primary Election After Trump Rally
  • “With just about eight months until the 2024 election, Biden is trailing former President Donald Trump in nearly every hypothetical matchup across key swing states. The president is reportedly growing more concerned about his reelection effort and other Democrats are beginning to grow frustrated with Biden’s performance, according to several interviews conducted by NBC News.” ‘He G*ddamn Well Better’: Reality Finally Setting In or Democrats That Biden Could Lose to Trump
  • The takeaway here is that conservatives have figured out that they have been sold a bill of goods themselves. They are tired of watching politicians depart for public offices with a pocketful of promises that will be misplaced during their first 100 days. Instead of the usual suspects, the people in Onslow County, North Carolina decided to roll the dice on a 21-year-old instead of having “the usual.” Gable may have his work cut out for him, but being 21, and idealistic, he has the rare advantage of actually giving a damn. 21-Year-Old Ousts GOP Incumbent in North Carolina
  • “Why did Trump-hating Colorado Rep. Ken Buck resign his congressional seat so suddenly?”The Buck Stops in Northern Colorado


  • “In short, the scenario is that of a western world in the grip of a strange obsession arising from a misunderstanding, whereby we are confronted with the possibility of WW III without there being any good reason for it.” Ukraine’s War: Let’s Hope Trump Wins


  • “Barack Obama surprised when he turned up at Rishi Sunak’s front door on Monday, going inside the historic Downing Street residence for an hour and meeting with the Prime Minister. Former President Obama walked up to the famous black door alone but later emerged alongside the U.S. Ambassador to London Jane Hartley.” Barack Obama Calls at Downing Street for Mystery Meeting
  • “Such agreements are meant to boost cultural and economic ties between communities in different nations, but some U.S. officials have been raising concerns about malign influence. One Indiana city — Carmel — recently withdrew its membership with the United States Heartland China Association.” Indiana Approves Ban On ‘Sister City’ Agreements With Foreign Adversaries
  • “The wisdom of LBJ’s resident contrarian George Ball is as relevant today as it was in the Vietnam era.” Where Is Joe Biden’s “Devil’s Advocate?”




  • “At some point during this SpaceX launch campaign the dimwits who run Congress and the White House are going to be faced with a choice: Either recognize that it is utterly stupid to continue funding the SLS rocket, or refuse to do so and prove to everyone that they are utterly stupid.” What to expect on the next few Starship/Superheavy test launches
  • “Though the surface here is generally smooth and featureless, as the lava is relatively young, the recent quakes suggest things are happening below ground.” The vast Martian plains of lava



NOTE: The opinions expressed in the links may or may not reflect my own. I include them because of their relevance to the discussion of a particular issue.

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