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Jay Bhattacharya: the First Amendment is unenforceable
Unherd ^ | September 4th 2025 | Unheard Staff

Posted on 09/06/2025 2:56:16 PM PDT by Jacquerie

Director of the National Institutes of Health Jay Bhattacharya yesterday claimed that the First Amendment is a “dead letter”.

Speaking at the National Conservatism Conference in Washington DC, the former Stanford professor warned that America’s constitutional protections for free expression dissolved during the Covid pandemic and remain unenforceable even today. “The First Amendment still doesn’t apply in practice,” he said. “Free speech rights exist right now only because the administration has chosen to allow them, not because the First Amendment is protecting us.”

Bhattacharya, best known for co-authoring the 2020 Great Barrington Declaration, said his own experience during the pandemic showed how dissenting views on Covid-19 policy were systematically suppressed through government pressure on social media companies. “Why would I be put on a blacklist by Twitter?” he asked. “Why would a private company, whose money is made by people communicating with each other, decide to put me on a blacklist? It turns out the answer is the government forced them to do it.”

This censorship debate peaked during Covid in 2021. By then, White House officials mobilised federal agencies to pressure platforms such as Facebook, YouTube, and Twitter to block dissenting opinions. The coercion became the centrepiece of the Missouri v. Biden lawsuit, in which Bhattacharya and other censored commentators were plaintiffs.

Yet when the case reached the Supreme Court, justices dismissed it on standing grounds, ruling there was no evidence Bhattacharya himself had been directly targeted by government orders. That reasoning, he argued, creates a loophole: so long as officials pressure companies to suppress categories of ideas rather than named individuals, victims cannot sue. “The First Amendment, in that sense, is unenforceable,” he said.

“Right now, free speech in America depends on who is in power,” he told the audience. “That’s a perilous place to be.”

(Excerpt) Read more at unherd.com ...


TOPICS: Government; Health/Medicine; Politics
KEYWORDS: censorship; dissent; freespeech; scamdemic; shamdemic
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1 posted on 09/06/2025 2:56:16 PM PDT by Jacquerie
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To: Jacquerie

The thinking that comes from this needs to be explored.

Can other Rights in the Bill of Rights be neutralized in this manner?


2 posted on 09/06/2025 2:58:59 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: Jacquerie
“Right now, free speech in America depends on who is in power,” he told the audience. “That’s a perilous place to be.”

Truth Bomb

When Government is 40+% of GDP, politics effectively controls everything.

3 posted on 09/06/2025 3:00:24 PM PDT by PGR88
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To: All

FTA

Director of the Ntl Institutes of Health Jay Bhattacharya speaking at the Ntl Conservatism Conference in DC, a former Stanford professor, warned that America’s constitutional protections for free expression dissolved during the Covid pandemic and remain unenforceable even today.

“The First Amendment still doesn’t apply in practice,” he said. “Free speech rights exist right now only because the administration has chosen to allow them, not because the First Amendment is protecting us.”


4 posted on 09/06/2025 3:01:07 PM PDT by Liz (May you be in Heaven half an hour before the devil kno ws you're dead (Irish blessing))
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To: Jacquerie

This is why we have the 2nd amendment. He needs to be fired.


5 posted on 09/06/2025 3:06:28 PM PDT by DownInFlames (P)
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To: DownInFlames

“If the Second goes first the First goes second”. L Star


6 posted on 09/06/2025 3:10:20 PM PDT by Qwapisking ("The left will rue the day they cheated Trump out of the 2020 election forever" L.Star )
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To: DownInFlames
He needs to be fired.

He should be fired for saying Biden's bloated and woke Fed.gov trampled all over Americans' basic rights under the pretext of Covid???

Is that your position?

7 posted on 09/06/2025 3:12:52 PM PDT by PGR88
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To: Jacquerie

The left did a full court press on freedom of speech and used it to steal an election they saw as a must win at any cost. Now it’s time to make them pay that cost... Dearly.


8 posted on 09/06/2025 3:14:14 PM PDT by Bullish (My tagline ran off with another man, but it's ok---- I wasn't married to it.)
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To: Jacquerie

However, any person is free to start his own web site and say whatever he wants. You don’t need Twitter and you don’t need Facebook.


9 posted on 09/06/2025 3:18:21 PM PDT by proxy_user
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To: Jacquerie

By using the term free expression he is grouping legal and illegal actions into one pot trying to claim they are equal in importance and expectation whether they are legal or not. The failure of the freedoms is not by their intent, but by the intent assigned to them by the courts.

I should be able to say anything I like and still can if you know how to say it. So it isn’t a matter of content, but application.

wy69


10 posted on 09/06/2025 3:19:33 PM PDT by whitney69
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To: DownInFlames
Maybe you should re-read the article. He's trouncing the left for trampling on the 1st amendment using covid, which is exactly what they did, and they did it for the most egregious of reasons. To steal an election because they're scared to death of Trump and MAGA. He also hints that if the left gets back in power they'll cancel the 1st amendment and put us on a path to cancel the rest of our enumerated rights.

I see no cause to fire him over these truths.

11 posted on 09/06/2025 3:24:56 PM PDT by Bullish (My tagline ran off with another man, but it's ok---- I wasn't married to it.)
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To: kiryandil

....Eternal vigilance....


12 posted on 09/06/2025 3:35:52 PM PDT by spintreebob
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To: Jacquerie

Bfl


13 posted on 09/06/2025 3:36:58 PM PDT by ClearCase_guy (Society has no reward for following the rules any more)
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To: Jacquerie
Speaking at the National Conservatism Conference in Washington DC, the former Stanford professor warned that America’s constitutional protections for free expression dissolved during the Covid pandemic and remain unenforceable even today. “The First Amendment still doesn’t apply in practice,” he said. “Free speech rights exist right now only because the administration has chosen to allow them, not because the First Amendment is protecting us.”

So, he's saying that we don't need amendments anymore, and that all it takes to repeal parts of the Constitution is for someone to violate it and that makes it “dead letter” from that point forward?

-PJ

14 posted on 09/06/2025 3:43:19 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: proxy_user
any person is free to start his own web site and say whatever he wants.

Web hosting companies also deplatform.

GoDaddy deplatforms Texas Right to Life’s pro-life whistleblower site.

You can say, well, find a host that doesn't. But you must pay for hosting. And credit card companies also deplatform.

Credit-card firms are becoming reluctant regulators of the web.

Financial Censorship.

You might say, well, find a pro-free speech host that accepts crypto, perhaps on the dark web. And be satisfied with a tiny, niche audience.

Which will satisfy the oligarchs.

And most people won't even do that. They'll quit long before social media, web hosting and credit card companies deplatform them.

15 posted on 09/06/2025 3:54:15 PM PDT by Angelino97
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To: Political Junkie Too
So, he's saying that we don't need amendments anymore, and that all it takes to repeal parts of the Constitution is for someone to violate it and that makes it “dead letter” from that point forward?

It seems to me he was clear - “Right now, free speech in America depends on who is in power,”

I.e., elections have consequences, see the most recent two Dem WH admins and some of the current Dem governors.

16 posted on 09/06/2025 3:58:02 PM PDT by frog in a pot
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To: Jacquerie
Any rights that require enforcement eventually invokes demand for a hierarchy of police powers. Whoever controls that apex is therefore at least physically capable of violating those rights. Hence Federalism with a National Militia system instead of a standing Army to dissipate that power while still being capable of collecting it for National defense.

That system was effectively destroyed by the 17th Amendment, pushing a Republic into a democracy subject to communications media.

In that respect, Trump is setting a very dangerous precedent if he moves the Guard against the orders of a State Governor. Yes, in many respects things are that dire on the streets of our cities. Soros' support for woke DAs is what tipped those scales (for which and more he deserves to hang). One can only hope the people can reverse field at the ballot box sufficiently to overcome institutional fraud before it becomes necessary to deploy force. In places like Portland or LA, I just don't see that. There is a value to allowing leftism to sink a jurisdiction on a limited basis, effectively allowing Natural Law to be the enforcer.

17 posted on 09/06/2025 4:21:06 PM PDT by Carry_Okie (The tree of liberty needs a rope.)
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To: Jacquerie







18 posted on 09/06/2025 4:45:12 PM PDT by Bikkuri (I am proud to be a PureBlood.)
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To: Bikkuri

I take it that you have not read the Great Barrington Declaration. Two authors were Indian, the third author was Swedish.


19 posted on 09/06/2025 4:48:33 PM PDT by MinorityRepublican
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To: frog in a pot
and some of the current Dem governors

Greasy slimeballs, like "Jazz Hands" Noisome, "Shiny Face" Whitmer, "Fat JB" Prickster, "Stolen Valor" Moore - the list goes on.

20 posted on 09/06/2025 5:02:03 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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