Censorship of the Internet will kill the last vestiges of Liberty in America and on the Planet
September 7th 2019
Freedom of Speech is the First Amendment right which must underlie every other right that the Constitution of the United States and the Bill of Rights provides for its citizens. Without it, Liberty is dead.
What happened last year to Alex Jones, who was banned by nearly all the major social media platforms during one 24 hour period, is a fact and not a conspiracy theory. Moreover, Tort Law does not require any more evidence than that, under the “doctrine of res ipsa loquiter”, to find and prosecute the guilty parties, and because their actions resulted in damages, they “speak for themselves”.
Therefore, these facts, if they fit the same paradigm of censorship, are all that are needed to support any plaintiff’s claim that these major corporate actors were acting in concert, and that their actions violated “Anti-Trust laws” and the “Racketeer Influenced and Corrupt Organizations Act (RICO)” and the 14th Amendment of the Constitution of the United States.
If these censored plaintiffs can be joined in a class action lawsuit against these corporate entities, only one has to prove that they were intentionally censored and damaged because of their speech. Furthermore, that these companies’ way of doing business follows a pattern of censoring one class of people to their detriment in favor of another class of people whose speech is approved of. Moreover, that this egregious business model is ubiquitous across all of the censored parties. Therefore the “doctrine of collateral estoppel” will prove damages to everyone who has been censored by these companies, and these corporate actors will be liable to all of them for financial compensation.
We have been told that the “banning” was not unlawful censorship since the banning entities are all shielded as “private corporations”, not subject to the First Amendment’s injunction, that “Congress shall make no law abridging freedom of speech”!
Facebook, Google, Twitter, Verizon and AT&T and other major communication networks and platforms are being financed by taxpayers, without their knowledge or consent. This is being done for the purpose of the government spying on the American people who are their customers. Moreover, their secondary Internet customers, who use their platforms to disseminate the news, also have a case for interference of prospective advantage and interference with contract.
That is a fact which is being hidden from the American people. However, no contract is involuntary, and the principals, as well as the terms of any agreement to every contract, must be known and appreciated by all of the parties.
What is not being hidden and is, therefore, subject to prosecution, is the fact that these companies say that they are private enterprises, but they are “public actors”, acting “under the color of law” through their state –awarded, corporate franchises and their use of the “Internet as a Public Utility, or Public Commons, for commercial profit.
The Supreme Court has applied the language of the First Amendment to not just “Acts of Congress”, but to any actions of the Federal Government, and through the 14th Amendment which applies to the States as well.
Therefore, access to the Internet and all of its functions is protected under the First Amendment. In the 2017 case of “Packingham v North Carolina”, the Supreme Court held that “A fundamental principle of the First Amendment is that all persons have access to public commons or public places where they can speak”
The 14th Amendment provides that the States may not make or enforce any laws that abridge the constitutionally protected rights of US citizens or individuals. Although the States are capable of the granting of corporate franchises to private companies, the 14th Amendment prohibits private companies from acting in violation of the constitutionally protected fundamental rights of any individual within those states. Those rights would include freedom of speech, freedom of assembly, freedom to contract, and the freedom of association of any citizen or individual living or working in any state, of the United States or its territories while using the Internet.
The Internet was initially established by the US Government for communication among scientists, especially within DARPA. However, it remains a “public utility” although used by private persons to communicate and by publicly-registered and -traded companies to profit from our communications.
Although social media corporations are quasi private companies, they are not private institutions. They are, at law, “creatures of the state”, because they exist by virtue of a grant through a corporate franchise. That franchise permits such entities limited privileges that are not applicable to purely private persons. That limited privilege includes the ability to sell shares to the public in a public stock offering and to profit from the Internet through advertising, which makes the Internet a “Public Utility” just like a radio or television station!
These entities are engaged in substantial commerce with the government, receiving tax exemptions and tax funds for certain contracts including for the providing of data about Internet users to the government. Furthermore, they benefit from the use of the Internet for financial gain while they exploit that connection to undermine the competition. This makes their status a monopoly, subject to the “anti-trust” laws of the United States.
Because of their status, they must be bound by the restrictions of the First Amendment and cannot discriminate among their users on the basis of the content of their Speech which the users express over the Internet because the Internet is a “Public Utility”.
When several of these quasi-private companies act in apparent concert to ban the “Speech” of a particular user over the “Internet” they do so “under color of law” and in violation of the “Freedom of Speech” of both the speaker and of those who seek to hear them speak.
Both “Freedom of Speech” and “Freedom of Association” are being restricted through this hidden exercise of Deep State governmental control. Moreover, as it relates to financial damages and the restriction of fair competition in the marketplace, this discretionary limitation of speech also violates the antitrust laws of the United States. This represents patently unlawful conduct, and must be addressed through the Antitrust Courts which handle conspiracies involving corporate monopolies.
The effect of the unlawful actions of these companies is tortuous interference with contract and valuable commercial relationships, between the attempting speaker and intended hearer. This is causing substantial financial harm and damages to both. Such unlawful acts, and the unlawful combinations or the “conspiracy” to engage in such acts, violate the provisions of RICO and the Antitrust Laws of the United States. The companies that are among the most egregious violators include PayPal, Google, Facebook, Twitter, and YouTube.
Everyone ought to be free to seek profit on the Internet. However, there is a difference between being a private company and being a private actor. When an individual communicates with a business associate, relative or friend on the Internet, that individual’s communications are private and that individual’s expectation of privacy should not be stolen for profit by a company who, on the other hand, expects to keep its status as “a private concern”!
The law may not have adequately addressed a private person’s expectation of privacy involving Internet communications. However, it should be patently fraudulent to use a private person’s communications for corporate profit without their knowledge or consent. Worse, when caught, they announce that there is no expectation of privacy on the Internet after the fact.
Some of these same companies that are discussed above are “making pacts with the devil” by developing special government-censored versions of their services that have been sold to Communist-controlled China. This has enabled that tyrannical regime to impose and maintain a social control system throughout the world’s most populated country.
Moreover, their main endeavor seems to be to apply it to control the entire world using this horrible social credit system. The Google-connected application that CEO, Eric Schmidt, has sold to China is called “Dragonfly”.
In the United States, the targeting of individuals because of the content of their speech that they seek to express over the Internet is a type of commercial extortion, which is forbidden under RICO laws. Conspiracies to do so may provide the second “act of racketeering activity” to invoke antitrust violations as well.
Such litigation should be started in the Federal District Court where the headquarters of any of these corporate actors might be located. However, it is not just in America where Free Speech is being threatened.
While various authoritarian States make no effort to hide direct censorship of speech, the “Quasi Democracies” are more subtle. Germany has no absolute constitutional protection for Free Speech. Like the United States, it’s contemplating empowering Internet service providers to refuse service to “truth tellers or what they refer to as hate groups.” At the same time, the large international corporate controllers of the Internet such as YouTube, Facebook and Google, are already intensifying content controls to enforce “political correctness, or their perverse version of reality” across the planet! If you don’t follow the party line, you cannot be heard, and much worse will follow.
If the same rule of law that applies to private actors applied to governments and their secret corporations of “content controllers,” their efforts would be understood to be exactly what they are which is Draconian CENSORSHIP of human speech and expression which will end “Human Liberty” as we know it across the planet!