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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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To: spintreebob

Indeed.


21 posted on 09/06/2025 5:02:49 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: frog in a pot

Due to Roberts’ shiftiness—”no standing????”


22 posted on 09/06/2025 5:17:37 PM PDT by sopo
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To: sopo

maybe they should go class action


23 posted on 09/06/2025 5:18:43 PM PDT by sopo
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To: kiryandil
That would mean that if a state bans a category of firearms, like assault weapons, you have no standing because they didn't put your name in the bill. Or if the Feds banned "all speech that runs counter to public policy," you couldn't sue.

The court's ruling is absurd.

24 posted on 09/06/2025 6:09:31 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: pierrem15

Yeah, I’m gonna have to re-examine the ruling, because what you said seems logical.


25 posted on 09/06/2025 6:17:32 PM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: Jacquerie

bump


26 posted on 09/08/2025 7:41:40 AM PDT by Albion Wilde (“We’re redoing DC parks, all new grass. I’m good at grass; I have a lot of golf courses.” —DJ Trump)
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To: Jacquerie

Clearly our rights under the First Amendment were usurped duringCOVID especially by power mad state Governors. In Minnesota not only businesses and schools were shut down, but so were churches. Catholic and Lutheran leaders were incensed and threatened legal action against Tampon Tim Walz until he relented. Walz’s COVID storm troopers even wanted to ban singing in church once they were opened. How quickly our compliance to the lie of “two weeks to flatten the curve” became a dictatorial power grab leaving many of us living in a totalitarian state


27 posted on 09/08/2025 1:19:58 PM PDT by The Great RJ
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To: The Great RJ

Agree. Not enough people resisted and flouted the restrictions.

I was especially disappointed with church leaders; far too few told the gov’t to shove off.

Perhaps on the bright side we won’t be so easily fooled again by Big Pharma and HHS.


28 posted on 09/08/2025 1:52:20 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie

Unheard has an interesting history.

None of which I was able to learn for its website.

Nuff said to my mind.


29 posted on 09/08/2025 1:57:13 PM PDT by mewzilla (Swing away, Mr. President, swing away! 🇺🇸 🏴󠁧󠁢󠁥󠁮󠁧󠁿)
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