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Jonathan Turley

An Educational Tonkin Gulf? The NSBA Apologies for the Letter that Triggered the Controversial Federal Operation

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We recently discussed the controversy following the letter of the National School Boards Association (NSBA) asking the Justice Department to investigate parents causing disruptions or making threats at school board meetings. The letter included a reference to using the Patriot Act against possible domestic terrorism. Attorney General Merrick Garland responded a few days later with an order to the entire Department of Justice to monitor school board meetings around the country and coordinate a response with local officials.

Now the NSBA has issued an apology. The question is whether Garland will now rescind or amend his much criticized memo. It has the feel of an educational version of the Gulf of Tonkin incident. Should we reconsider our deployment in light of the false premise that triggered the escalation of hostilities?

The NSBA stated “On behalf of NSBA, we regret and apologize for the letter . . . there was no justification for some of the language included in the letter.”

Notably, recent coverage indicates that the NSBA coordinated the letter with the White House before it was issued. A significant number of people at the organization (and likely some in the Administration) saw early drafts of this letter. Not one appears to have objected to the reckless and extreme language directed toward parents, citing a handful of cases.
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Attorney General Garland and the 'Unobtrusive' Federal Monitoring of School Board Meetings

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In the 1946 movie, “Terror by Night,” Sherlock Holmes assures Lady Margaret that, while he and Dr. Watson would be hanging around, “we’ll be as unobtrusive as possible.” Lady Margaret correctly responds “That would be a novelty from a policeman.” That scene came to mind when Attorney General Merrick Garland testified in Congress to assure members that he does not believe that parents protesting at school board meetings are domestic terrorists. He insists that there was nothing to be worried about because the FBI would simply be monitoring what these parents say or do at school meetings. Promises of such “unobtrusive” investigations or operations ignore the obvious: any national enforcement or monitoring effort is by definition obtrusive, particularly when it comes to free speech.

Garland’s testimony came after the Justice Department announced that it would be creating a national effort to “address threats against school administrators, board members, teachers, and staff,” including “open dedicated lines of communication for threat reporting, assessment, and response.” It came shortly after the National School Boards Association asked for such action, including the possible use of the Patriot Act against individuals deemed threatening to board members. While the Justice Department memo itself does not mention domestic terrorists or the Patriot Act, the Justice Department’s press release pledged to include the National Security Division in the effort.
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Learning To Fear Free Speech: How Politicians Are Moving To Protect Us From Our Unhealthy Reading Choices

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Below is my column in the Hill on the increasing calls for censorship and speech regulation on the Internet. The most recent push on Capitol Hill surrounds the testimony of former Facebook product manager Frances Haugen who alleges that Facebook has been knowingly harming children through promotion and access to certain sites. For some, the testimony follows a type of Trojan Horse pattern where anti-free speech measures are packaged as public safety measures. Before embracing the proposals of these senators, the public needs to think long and hard over what is being lost in these “reforms.”

Here is the column:

“Caution: Free Speech May Be Hazardous to Your Health.” Such a rewording of the original 1965 warning on tobacco products could soon appear on social media platforms, if a Senate hearing this week is any indicator. Listening to former Facebook product manager Frances Haugen, senators decried how Facebook is literally killing people by not censoring content, and Haugen proposed a regulatory board to protect the public.

But before we embrace a new “ministry of information” model to protect us from dangerous viewpoints, we may want to consider what we would lose in this Faustian free-speech bargain.
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Can the Media Survive Without Half of the Population? A New Poll Raises Questions About the New Media

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We have often discussed the increasing bias and advocacy in major media in the United States. While cable networks have long catered to political audiences on the left or right, mainstream newspapers and networks now openly frame news to fit a political narrative. With the exception of Fox and a couple of other smaller news outlets, that slant is heavily to the left. What is most striking about this universal shift toward advocacy journalism (including at journalism schools) is that there is no evidence that it is a sustainable approach for the media as an industry. While outfits like NPR allow reporters to actually participate in protests and the New York Times sheds conservative opinions, the new poll shows a sharp and worrisome division in trust in the media. 

Not surprisingly given the heavy slant of American media, Democrats are largely happy with and trusting of the media. Conversely, Republicans and independents are not. The question is whether the mainstream media can survive and flourish by writing off over half of the country.

The new study from the non-partisan Pew Research Center shows a massive decline in trust among Republicans. Five years ago, 70 percent of Republicans said they had at least some trust in national news organizations. In 2021, that trust is down to just 35 percent.

Conversely, and not surprisingly, 78 percent of Democrats and Democratic-leaning independents saying they have “a lot” or “some” trust in the media. When you just ask liberal Democrats, it jumps to 83 percent.
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Twitter Permanently Bans Former NYT Journalist Alex Berenson

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We previously discussed how Twitter’s growing censorship program has targeted former New York Times journalist and author Alex Berenson who is an outspoken critic of the government’s science and response to the pandemic. Berenson was previously suspended for merely expressing an opinion over the need for a “pause” on any federal mandates on Covid-19 as new research is studied. Twitter also suspended a journalist for posting CDC information that was deemed as critical of its own official line on vaccines. Now he is permanently suspended after his criticism the vaccine and possible side effects. Twitter has again showed that it will silence those who dare to disagree or even question its approved narrative and that of government.

On his Substack page, Berenson posted a brief messagetitled, “Goodbye Twitter.” He then posted the following as the tweet that was the final straw with Twitter.
'Don’t think of it as a vaccine,' he continued. 'Think of it – at best – as a therapeutic with a limited window of efficacy and terrible side effect profile that must be dosed IN ADVANCE OF ILLNESS.'
That is an opinion that many share and one that can be debated. I do not agree with Berenson on the vaccine but I would like to hear his views and see the response to them. Like many, I do not want to simply reach corporate or government approved viewpoints. Rather than respond to Berenson with reasoned debate, people demand that he be removed from platforms to prevent others from making up their own minds.
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'Who Watches the Watchmen?' Infowars Case Raises Difficult Question For Both The Biden Administration and The Media

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“Who watches the watchmen”? That question from a federal judge this week came in a confrontation with the Justice Department over its targeting or charging journalists. At issue is the prosecution of a controversial host of a far-right website called Infowars. Owen Shroyer was charged with trespass and disorderly conduct during the Jan. 6th riot. However, Shroyer claims to have been present as a journalist while the Justice Department insists that he is an activist. When US Magistrate Judge Zia Faruqui asked for the basis of that distinction, the Biden Administration refused. The conflict exposes the problem with new regulations protecting journalists without clearly defining who is a journalist.

Recently, news reports of the Biden Administration targeting journalists in criminal investigations led to congressional hearings and a new policy that Attorney General Merrick Garland promised would protect the journalists in the future. I testified before the House Judiciary Committee on how this was just the latest in such controversies extending from the Clinton to the Biden Administrations. As I wrote on these pages at the time, the most glaring flaw is the continued failure to define who is a journalist. Without such a definition, the new reform is as worthless as the long litany of prior reforms.

Shroyer was arrested on charges of trespassing and disorderly conduct on the Capitol grounds. Prosecutors also alleged that he violated an agreement not to engage in such conduct after he was removed from a 2019 impeachment hearing for heckling a Democratic lawmaker. Shroyer was openly advocating for the protest and the underlying view that the election was stolen. He marched with a crowd toward the Capitol shouting, “We aren’t going to accept it!” However, he insists that he entered the Capitol to report on the events for Infowars.
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Baylor Professor Calls for Prosecution of Criticism of Fauci and Other Scientists as Hate Crime

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Physicist Richard P. Feynman once said “Religion is a culture of faith; science is a culture of doubt.” Feynman’s statement captures how science depends upon constant questioning and challenging of assumptions. Yet, what is healthy debate to some is criminal dissent to others. Dr. Peter Hotez, a professor of pediatrics and molecular virology at Baylor College of Medicine is calling for federal hate-crime protections to be extended to cover criticism of Dr. Anthony Fauci and other scientists. The frequent MSNBC and CNN guest wants Congress to expand hate crimes to “scientists currently targeted by far-right extremism in the United States.”

In a July 28 paper in Plos Biology titled “Mounting Antiscience Aggression in the United States,” Hotez encourages Congress to focus on the “band of ultraconservative members of the US Congress and other public officials with far-right leanings are waging organized and seemingly well-coordinated attacks against prominent US biological scientists.”

Hotez insists that it is not enough to support such science but to criminalize attacks on their research. This suggestion is just one of a number of ideas briefly put forward to support scientists but it is the most chilling. Referring Nazi and fascist movements in history, Hotez argues that good science requires cracking down on the right.
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Twitter Suspends Science Writer After He Posts Results Of Pfizer Clinical Test

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Just yesterday, we discussed the censoring of a commentator by Twitter for merely expressing an opinion over the need for a “pause” on any federal mandates on Covid-19 as new research is studied. Now, a former New York Times science reporter, Alex Berenson, has been suspended for simply quoting the results from a clinical trial by Pfizer and raising questions over any vaccine mandate. In the meantime, the White House accused both the Washington Post and New York Times of irresponsible reporting on Covid, but surprisingly Twitter has not suspended those accounts. It is the license of the censor. Twitter is unwilling to let people read or discuss viewpoints that it disagrees with as a corporation. Many on the left, however, have embraced the concept of corporate speech and censorship. It turns out that the problem with censorship for many was the failure to censor views that they opposed. With the “right” censors at work, the free speech concerns have been set aside.

I have little ability to judge the science on such questions. However, I welcome the debate. Yet, rather than answer such critics and refute their arguments, many people focus on silencing anyone with dissenting viewpoints like Berenson.

Berenson has been effectively confined to Substack by Big Tech due to his discussing dissenting views on the science surrounding Covid-19. His latest offense against Big Tech came when he posted the results published by Pfizer of its own clinical data. He claimed that the research showed little difference in morality between those in the trial with a vaccine and those given a placebo.
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Could The Arrest of FBI Agent Undermine The Whitmer Kidnapping Case?

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The arrest of an FBI agent would always be newsworthy. Richard Trask of Kalamazoo has gone from making cases to being a case for prosecution. He faces up to ten years for allegedly assaulting his wife with intent to do great bodily harm. However, Trask was also key to the arrest of men in the alleged plot to kidnap Michigan Gov. Gretchen Whitmer. Those defendants — and some observers — have criticized the FBI for entrapping the men by pushing them into the conspiracy and facilitating their efforts. The question is whether Trask’s arrest could undermine those cases. The answer is yes.

There are legitimate concerns over the role of the FBI in the planning and preparation for this alleged conspiracy. As a criminal defense attorney, I have long been a critic of the degree to which the FBI often pushes defendants to take actions to trigger criminal charges. However, it is very difficult to make a case for entrapment and the agents know that.

In the Michigan case, six men are charged with a conspiracy that involved kidnapping Whitmer but news outlets like BuzzFeed News have raised serious concerns over how much of the conspiracy was directed and facilitated by the FBI. At every critical juncture, agents like Trask appear to push the effort along, even overcoming reluctance of the alleged conspirators. That includes calling meetings where the conspirators first met and structuring the planning stage for the crime. The FBI even paid for room and foods to keep the planning going. Reportedly, the FBI informant ultimately rose to second in command of the conspiracy.
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