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IPFS News Link • Free Speech

Ketanji Brown Jackson Defenestrates The First Amendment

• Via The Brownstone Institute

Just two years later, she did not hesitate to redefine the First Amendment and free speech as she advocated for the regime to bulldoze our Constitutional liberties provided they offer sufficiently sanctimonious justifications...

At Monday's oral arguments in Murthy v. Missouri, Jackson said her "biggest concern" was that the injunction, which prohibits the Biden Administration from colluding with Big Tech to censor Americans, may result in "the First Amendment hamstringing the Government." 

This, apparently, was of greater concern to Jackson than the revelations that the Intelligence Community held ongoing meetings with social media companies to coordinate censorship demands, that the White House explicitly demanded the censorship of journalists, and that the Department of Homeland Security was instrumental in manipulating citizens ahead of the 2020 presidential election.

But according to Jackson's outlook, those facts may have actually been encouraging. She scolded counsel, "Some might say the Government actually has a duty to take steps to protect the citizens of this country."

Jackson's formulation inverts the structure of constitutional liberties. The Constitution does not limit the powers of citizens; it restrains our elected officials from tyrannical overreach. It is the law that "governs those who govern us," as law professor Randy Barnett explains.

Impediments to state powers are not flaws in the system; they are the essence of the design. But Jackson offers no deference to these constitutional restraints. Instead, she explained, "I am really worried about…the First Amendment operating in an environment of threatening circumstances."

Of course, the First Amendment was designed for environments of threatening circumstances.

American history offers no shortage of threats that could be justified to abridge our liberties – from Cholera and Yellow Fever to polio and Spanish flu; from the Red Coats and the XYZ Affair to the Red Army and the War on Terror; from conquering the west to defeating the Nazis.