The Great America Show - FREE SPEECH IS THREAT TO MARXIST DEMS

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00:00:38.300 Hello, everybody.

00:00:39.560 I'm Lou Dobbs and welcome to The Great America Show.

00:00:42.360 It's great to have you with us.

00:00:44.140 The Supreme Court is now weighing the First Amendment and the future of free speech in

00:00:48.960 America.

00:00:49.360 They began oral arguments on Murthy v. Missouri, arguably the most important free speech case

00:00:55.880 in the history of the country.

00:00:57.680 The court heard arguments from the Gateway Pundit's Jim Hoff, the state of Missouri, the state of

00:01:02.480 Louisiana, Dr. Jay Bhattacharya, Dr. Martin Kulldorff, Aaron Carradine, and Jill Hines.

00:01:10.920 The plaintiffs say the Biden White House and dozens of federal officials and agencies colluded

00:01:16.220 with social media companies Facebook, Twitter, and others to censor free speech of millions

00:01:21.620 of American citizens, particularly during COVID and the lead-up to an aftermath of the 2020

00:01:27.520 election.

00:01:28.740 Mark Zuckerberg at one point even admitted the FBI pressured Facebook to take down the Hunter

00:01:34.540 Biden laptop story, you know, just like you would see in a Marxist nation. 0.88

00:01:39.160 And we learned that on numerous other occasions, the FBI was in regular contact with Twitter

00:01:45.320 executives and were not shy about letting folks at Twitter know they wanted a post taken down

00:01:51.300 or censored.

00:01:53.120 Our guest today is Senator Eric Schmidt from the great state of Missouri.

00:01:57.400 He is one of the first plaintiffs in this lawsuit.

00:02:00.080 And Senator, it's great to have you with us.

00:02:02.320 Give us, if you will, an update on the oral arguments and what is going on at SCOTUS.

00:02:08.080 Yeah, I think a lot of the questions, you know, from the justices centered around what

00:02:12.380 was the activity that the government was engaged in that compelled or tried to persuade or cooperate

00:02:20.260 or coerce social media companies.

00:02:23.300 So that's kind of a, that's a question that's always been central.

00:02:26.300 Now at the lower court, both at the district court and the Fifth Circuit Court of Appeals,

00:02:30.220 that was also a very important sort of linchpin of the case.

00:02:33.620 And the good news here, I think, Lou, is one of the things, it's not talked about a whole lot,

00:02:38.580 but what we were able to do when I filed this in 2020 as the then Attorney General of Missouri,

00:02:44.420 we were able to get discovery prior to the preliminary injunction hearing.

00:02:48.960 That doesn't always happen.

00:02:50.980 And if you didn't have the, say, the deposition of Anthony Fauci or the deposition of Elvis Chan

00:02:57.840 or the emails going back and forth, all of that stuff that we uncovered,

00:03:02.000 it really does demonstrate a vast and sprawling censorship enterprise that extended not just a one-off thing

00:03:10.100 from one official here or there, but the highest levels of government to the, you know,

00:03:15.300 senior executives at some of the biggest social media companies in the world,

00:03:19.540 telling them to take this down or else.

00:03:21.960 And, of course, what makes it unique in this instance, which is why the First Amendment applies to the digital age,

00:03:27.000 is really relevant here, is all these companies have special carve-outs in the law under Section 230.

00:03:32.360 It means they're immune from lawsuits, unlike typical publishers.

00:03:35.420 So the government sort of wielding that kind of power, threatening these companies to censor,

00:03:41.640 is, again, what the, you know, the legal argument here is that they become state actors by extension

00:03:46.780 because the government had this enormous authority they were willing to wield.

00:03:49.820 And listening to the justices themselves, not all of them, but several of them,

00:03:55.660 and rather prominently, questioning the coercive power of the U.S. government,

00:04:01.660 despite all that you had, as you said, in discovery,

00:04:05.420 had revealed about the straightforward, menacing approach that was being taken by federal officials,

00:04:14.620 the FBI, you mentioned Elvis Chan.

00:04:16.300 I mean, he was institutionalized within the organization and was wielding power rather capriciously, it seemed to me.

00:04:28.140 Yeah.

00:04:28.320 Well, look no further than the people who are on the wrong side of this Biden administration.

00:04:33.140 I don't think we've ever seen an administration in the history of the country that's been so willing to go after political opponents, right?

00:04:39.920 I mean, you know, Catholics, political, I mean, you know, President Trump.

00:04:45.820 I mean, those are just a couple of examples, but the sort of the weaponization of the Justice Department that we've seen,

00:04:50.840 or Elon Musk, for example.

00:04:52.380 He bought Twitter.

00:04:53.160 Now all of his companies are under, you know, under investigation.

00:04:56.560 There's antitrust issues.

00:04:58.240 This is the kind of power that an administration can wield.

00:05:00.920 So we're not talking about some local city councilman in Newark, you know, complaining about something.

00:05:07.140 We're talking about the president of the United States who claimed that social media companies were killing people.

00:05:12.600 We're talking about weekly censorship meetings they were having.

00:05:16.360 We're talking about a very coordinated effort, special portals that existed to flag things and checking in.

00:05:23.780 Have you done this?

00:05:24.580 This was a massive operation that, again, was all meant to silence critics.

00:05:31.360 And that is the un-American aspect of this.

00:05:33.480 That's why it violates the First Amendment, because these companies weren't doing it on their own.

00:05:36.980 Some of them were, but they were also being coerced by a big government.

00:05:41.180 And we watched story after story being watched by big media.

00:05:47.120 And in point of fact, traditional media sort of following in suit, in lockstep, even though they weren't directly approached in many instances.

00:05:57.900 Whether it be the 51 intel officers who were maintaining that the Hunter Biden laptop was Russian disinformation.

00:06:06.260 These are scurrilous and frankly, easily determined falsehoods that could have been unwound at the moment, except for the coercion of the federal government.

00:06:19.540 Yeah. I mean, look, think about these things.

00:06:21.400 The six foot social distancing.

00:06:24.060 Fauci's admitted that he made that up.

00:06:25.860 The efficacy of masks.

00:06:27.260 We know that it's actually harmful.

00:06:28.420 And people are saying it's harmful to kids at that particular age, right?

00:06:31.420 There's social and psychological impacts, including loss of learning.

00:06:34.840 The Wuhan lab leak theory.

00:06:37.400 We know that to be, you know, by and large, people accept that to be true now.

00:06:40.840 So all in the Hunter Biden laptop story, which they were trying to pre-bunk before the election, that's all true.

00:06:46.660 So the fact of the matter is, this is why it's dangerous for the government to get involved and start telling people everything that they should believe or hear or say.

00:06:55.960 Because the point of free speech is that people have an opportunity to prove the case, right?

00:07:00.740 And you combat speech you don't agree with, with more speech, not censoring that speech.

00:07:06.340 This is a fundamental tenet of what it means to be an American.

00:07:09.220 And that's, in many ways, what's on the line here.

00:07:11.780 So I also think, Lou, it's worth pointing out.

00:07:13.940 There was a hit piece in the New York Times about this past weekend about some of the work that I've done as AG and others who've moved this case along.

00:07:21.700 And it is, it's stunning to me that publications that, you know, I'm 48, right?

00:07:27.960 So I'm old enough to remember when liberals actually believed in free speech.

00:07:32.260 But there's, we've reached this weird place now, almost crossed a Rubicon, where that doesn't matter anymore.

00:07:38.940 It's about defending the narrative because you believe in that ideology, not protecting people's ability to disagree.

00:07:45.800 And so we're in a scary place, I think, in the country for that.

00:07:49.120 And I think you've said it exactly.

00:07:52.120 I mean, this is about an ideology, not about a constitution.

00:07:55.980 It's about forwarding the ideology, the Marxist-dim goals that are destructive of everything the country rests upon, including the constitution.

00:08:07.920 And we're listening to justices actually saying things that they don't see that there is a coercive element here.

00:08:15.900 I mean, saying it out loud for crying out loud.

00:08:18.680 Well, one of the justices, yeah, one of the justices, Lou, said, you know, doesn't this, you're, you're, are you saying that the First Amendment can, you know, hamper the government's ability to deal with these things?

00:08:29.160 And that's sort of the point, the whole point of the First Amendment.

00:08:32.940 If you think about where we came from, we were rebelling against an all-powerful king, right?

00:08:38.740 And there were printing presses back then, and there were ways to get information out.

00:08:43.300 But the founders believed it was so important to make sure that even in an emergency, even in a crisis, that people's speech wasn't suppressed by the government.

00:08:53.560 And this is, those are exactly the times that our constitution is supposed to matter the most.

00:08:58.580 And there's no, there's no pandemic exception.

00:09:01.560 There's no, you know, this is, this is a fundamental belief we have.

00:09:04.740 And so, you know, that question, I think was kind of stunning, but revealing about how many people on the left view this now, which is, it's all about power and control.

00:09:14.540 It's about outcomes in the process and protections that the constitution afford don't really matter to them, which is why I think it's so important for us to stand up and fight back.

00:09:22.960 And we're talking with Senator Eric Schmidt.

00:09:25.480 He is the man who joined early the fight over the First Amendment case that he calls, in point of fact, the most important First Amendment case of our lifetimes.

00:09:38.380 We'll be right back with Senator Schmidt right after these quick words.

00:09:42.220 Stay with us.

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00:11:19.820 We're back now with Senator Eric Schmidt.

00:11:22.480 And Senator, we know that this case is going to have huge implications.

00:11:28.900 Some are trying to style it as an Internet case, for crying out loud.

00:11:32.720 Others are trying to at least be dismissive because of the overstatements, they argue, of the capacity of the federal government to bring its awesome power to bear.

00:11:43.940 It is mind-boggling the degree to which the left-wing national media, the Marxist media in this country, Marxist and corporatist at the same time, are actually trying to dilute the importance of this in the public mind.

00:11:59.220 It is a propaganda, a disinformation campaign, as far as I'm concerned, that's being waged across the breadth of media, social media, legacy media, you name it.

00:12:09.960 Yeah, absolutely.

00:12:11.600 And I think it's sort of revealing, too, Lou, that the dying print corporate media, they, for a long time, viewed themselves as the gatekeepers, right, of what the public should know.

00:12:26.720 And that's gone away in this diffusion of information now, which I think is a good thing, allows people to sort of make their own decisions about what's top of the news feed and what's on the nightly news.

00:12:41.640 You know, those sort of decisions from the corporate media elites, they don't have that anymore.

00:12:45.980 And so I think that's playing into this a little bit, too.

00:12:48.680 They don't like that.

00:12:50.040 And so they'll use the guise of disinformation running rampant and misinformation running rampant.

00:12:55.340 And don't we need the government to step in?

00:12:57.020 And they should be relying on their cooperation with us to make sure we're filtering this information.

00:13:01.320 And I think that's counterintuitive.

00:13:03.140 And it's sort of, if we go back into COVID, it's sort of like the idea of vaccine mandates or mask mandates, right?

00:13:09.560 We believe, as conservatives, that individuals should take all this information and make their own decisions.

00:13:15.620 If you want to, you know, walk in Central Park on a beautiful day with eight masks on your face outside, you know, I think that would be kind of crazy.

00:13:24.820 But this is America.

00:13:26.460 You can go do that.

00:13:27.560 So, but, you know, you don't get to impose that mandate on me and my family when I think it actually might be detrimental to my kids.

00:13:34.960 And so I think it's just a fundamental disagreement about the role of government and the role of the individual.

00:13:39.240 And the individual in our constitutional structure stands supreme.

00:13:42.980 The Constitution protects those individual liberties.

00:13:46.260 That's why we spread out power. 0.90

00:13:47.780 That's why we have the First Amendment to protect individual liberty. 0.74

00:13:51.320 And we're not supposed to be, and I hope we can not go down this road, a country that believes in sort of collectivist mentality.

00:13:59.460 But I think the left and their media allies certainly do believe that and why this case is so threatening to them because they want the government to be able to tell us what we can say and what we can hear because it's for our own good.

00:14:09.660 And the same people, by the way, who are clamoring and calling out these so-called threats for threats to democracy are the same ones that are willing to bulldoze the Constitution along the way.

00:14:20.880 So it's the height of hypocrisy. 0.97

00:14:22.940 It is the height of hypocrisy.

00:14:25.200 And frankly, it's disturbing deeply when you think about the history of the First Amendment in this country, in particular recent history.

00:14:34.620 We go back to 1971 and the Pentagon Papers and two of the country's most important newspapers, the Washington Post and the New York Times, reporting exactly what the government said do not report.

00:14:50.280 That is the truth behind the Vietnam War that made liars out of three administrations that were involved in Vietnam.

00:15:00.900 I don't believe right now under the ideological atmosphere that has gripped the left-wing media and government right now,

00:15:11.580 I don't believe that the Washington Post and the New York Times could have published without horrible consequence.

00:15:18.680 What do you think?

00:15:19.680 Well, right.

00:15:20.140 And yeah, no, I think that they're now the defenders of the regime, right, in many ways.

00:15:25.400 They view, and I think Donald Trump has crystallized this so much.

00:15:29.800 They can't stand him so much, right?

00:15:33.620 They think he's such a threat that, again, they are willing to completely wipe away all of the important protections we have.

00:15:43.480 But the press, and having a free press is really important, right?

00:15:47.620 It's really important to kind of shine a light on things.

00:15:50.180 But that's not what we have right now with the mainstream media.

00:15:52.780 They're not interested in truth-telling.

00:15:54.580 They're interested in defending the actions of Democrats.

00:15:57.860 And I think that the public is waking up to this, Lou.

00:16:01.040 And I think that people can continue to get their information from different sources and make up their own minds.

00:16:06.760 And I think that's a good thing.

00:16:07.960 It's a threat to them in their sort of power structure that they've had for a long time.

00:16:12.500 But I think for the individual who wants to make their own decisions, it's a good development.

00:16:17.760 One individual, one of the world's wealthiest, Elon Musk, making a statement that he believes that unless there is a red wave in November, that the republic is doomed.

00:16:28.900 He did not then follow that with a statement that he believes that he should be donating to Donald Trump or to Joe Biden.

00:16:37.960 He demurred, which I think is intellectually, I would have preferred a more aggressive openness to the realities we face.

00:16:49.700 But just to say it was important for Elon Musk because of the position he holds and the ownership he has of X, formerly Twitter.

00:17:00.120 Your thoughts about that?

00:17:02.380 Yeah, I mean, look, we're not debating little stuff.

00:17:05.920 There are big things on the line right now.

00:17:08.080 We're not talking about, you know, what's the difference between the corporate tax rate between being X or Y.

00:17:14.120 I mean, those are important debates to have.

00:17:16.160 But what we're talking about in this country right now are fundamental things.

00:17:20.820 I mean, the Democrats are on record saying that if they actually had the presidency, the House and the Senate, because Manchin and Sinema are going to be gone after 2022.

00:17:31.640 Here's what they do.

00:17:32.560 They'd end the filibuster.

00:17:34.100 They would pack the Supreme Court.

00:17:35.720 They would add D.C. and potentially Puerto Rico to the union.

00:17:38.840 They would federalize our elections.

00:17:40.380 And then we'd have open borders for, you know, as far as the eye can see.

00:17:43.640 That would fundamentally change this country forever.

00:17:47.420 And so, again, that is where they've come from.

00:17:51.180 They've gravitated to this place now where the radical left who used to just write white papers are now in positions of real authority in this administration.

00:18:00.240 And why it's so important for President Trump to get back in office.

00:18:04.180 We hit a reset, get this thing back in order.

00:18:07.020 And so I just think that it's an opportunity and take on the administrative state.

00:18:10.760 And we saw in this lawsuit, you see the tentacles of the administrative state and all the things that they're willing to do to make sure that their preferred policy position or person, you know, reigns supreme.

00:18:23.920 And so, again, this is why it's important to fight back.

00:18:26.840 And as you've said, it is an expansive enterprise, this effort to roll back the First Amendment, this effort to maintain coercive power over private institutions that, in point of fact, up against the awesome power of the federal government, hasn't got a chance in the world.

00:18:48.980 And think of the individual citizen, as I know you do throughout and have throughout this lawsuit.

00:18:57.820 The individual citizen stands no chance unless we come to terms right now in deciding this case in favor of a Constitution and our Bill of Rights.

00:19:07.940 We're talking with Senator Eric Schmidt.

00:19:10.280 We'll be right back.

00:19:11.360 Stay with us.

00:19:14.140 Lou Dobbs here.

00:19:15.080 I'm delighted to let you all know that the program Lou Dobbs Tonight has returned to the air.

00:19:21.660 That's right.

00:19:22.500 Lou Dobbs Tonight is back.

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00:19:37.420 I hope you'll be joining us for Lou Dobbs Tonight as our fight to save this country has only begun.

00:19:45.080 We're back now talking with Senator Eric Schmidt, one of the authors of this all-important case before the Supreme Court.

00:19:58.180 Now, the justice is weighing whether or not, in point of fact, the First Amendment will be encroached upon further.

00:20:06.420 Senator, and what will be the disposition as the ideology is preserving itself across a broad array of institutions, whether it be what we call the deep state, the permanent bureaucracy, or simply the Marxist party that controls so much of what is the federal government.

00:20:24.060 Senator, this case is being heard before the Supreme Court, while across the way, the Biden regime has made it very clear that they believe that the First Amendment is an impediment to effective policy and governance.

00:20:44.740 It's straightforwardly, they say it, they acknowledge it, and they insist upon it through their actions.

00:20:52.240 It is no less than the survival of the Bill of Rights, it seems to me, in this case.

00:20:59.820 Yeah, and look, if you take this sort of all together and pull yourself sort of 30,000 feet and where we're at in history, we have an administration that has supercharged the administrative state.

00:21:15.640 Anything from, you know, the Green New Deal that Congress didn't pass that they want to push by way of rule and regulation.

00:21:23.620 And I think the solution to all that is make, if these are such good ideas, make Congress vote on it, right?

00:21:27.900 And as opposed to these agencies doing all that, they've supercharged the administrative state.

00:21:31.620 They've tried to kick the chief political rival, President Trump, off the ballot.

00:21:36.860 They're trying to throw him in jail for the rest of his life.

00:21:39.660 And now you have an administration that has overseen the Orwellian, breathtaking in scope, censorship enterprise.

00:21:49.400 And that's why I get a little tired of being lectured by Joe Biden, whether it's at the State of the Union or wherever he's on the campaign trail, saying that this is about, you know, authoritarian versus democracy.

00:21:59.820 I think we've seen, we've seen the enemy as far as like enemies to democracy in our constitutional republic.

00:22:06.580 It's the same people that, again, have bulldozed their constitution to silence dissent.

00:22:11.240 And I just think it's such a fundamental aspect of what it means to be an American.

00:22:15.240 And this should be something that brings us together, right?

00:22:19.520 I really do believe that as a country, that one of the things is that we're a creedal nation, right?

00:22:24.640 We're the first of its kind that we believe, you know, the Declaration of Independence is our mission statement.

00:22:29.920 The Constitution is the structure that protects individual liberty.

00:22:33.220 The first protection in the Bill of Rights is your right to speak your mind, fundamental human expression.

00:22:38.480 And that means that we're willing to defend the ability for somebody that we vehemently disagree with to say something that we abhor, right?

00:22:45.860 That is really a key test for us.

00:22:49.920 And I know that you're willing to do that.

00:22:51.480 I'm willing to do that.

00:22:52.140 But what we see now is liberals, those on the left, that's not who they are anymore.

00:22:57.820 Just like it's not who they are anymore when you had presidents stand up there and say it was important Democrat presidents to secure our border.

00:23:04.620 They don't actually believe that anymore.

00:23:07.280 And so we've reached a kind of a critical point in this country, to your earlier point, of these are big choices.

00:23:13.900 And November is going to determine a lot of where we head as a country, because I don't know how you can keep going down this road for four more years.

00:23:24.360 Biden himself, I'm not sure how he personally could do it.

00:23:27.320 But as the march of history, the things that they want to get done, there is a point where you go so far, it's hard to reclaim the things that, you know, reclaim the things back.

00:23:39.600 And certainly, you know, the idea that the government would be able to use the biggest companies in the history of the world as an additional tool for them to silence dissent, to outsource censorship is really antithetical to the American idea and the American experiment.

00:23:55.140 And as you note, the use of corporate power here, whether it be to stymid them, to insist upon policy adherence, whether it's social media, legacy media, whether it's big pharma in the case of the epidemic.

00:24:10.720 We are watching a coalition that has been formed of the most powerful economic institutions in the country, along with the most powerful government, the federal government, all aligned.

00:24:25.280 And in both instances, whether we are talking about the First Amendment or whether we're talking about all of the abuses of government under the epidemic and big pharma, we are watching awesome power be reorganized against the individual citizen.

00:24:45.980 And all we can cling to is that constitution.

00:24:50.560 Yep. Yep, absolutely.

00:24:52.120 And, you know, I think it's instructive because, you know, the 24-hour news cycle, sometimes it's easy to get lost.

00:24:58.560 And what just pull ourselves back just a couple of years, you know, in this administration, I mean, you weren't able to travel.

00:25:07.280 You couldn't keep your job unless you got the vaccine.

00:25:12.660 That's what they that's the America that they wanted because they knew it was best for you.

00:25:17.840 You couldn't go to school.

00:25:19.720 They have these ridiculous quarantine. 0.58

00:25:21.700 I mean, I think, you know, it's going to be easy for the left to whitewash this and memory all this.

00:25:26.300 But that's that's the environment in which a lot of this stuff took place.

00:25:29.280 And it's not an excuse.

00:25:31.100 You know, tyrants since the beginning of time have used, quote, unquote, emergencies or perceived emergencies to aggregate power they didn't have before and exercise it in a way that no one imagined.

00:25:42.400 And that's what you know, when you believe that the state is all powerful and you don't really respect individual rights, this is a very dangerous road to go down.

00:25:51.700 And again, why this case is so important and why I think as Americans, we have to push back.

00:25:56.520 There's it's in our DNA to resist this kind of thing.

00:25:59.540 But we've got to be willing to stand up and fight back and push back in this case, to me, has always represented that this willingness to stand up and say, not here, not now.

00:26:10.920 And every American needs to be watching this case and watching this court as it weighs the future of the of the nation, the future of our our republic, because no less as is at stake.

00:26:22.700 I think also it's important for everyone to understand the backdrop that's that is now current.

00:26:30.020 And that is a Homeland Security Department that has created a truth ministry even after several abortive attempts.

00:26:37.920 It has cybersecurity and infrastructure agency now that is performing precisely that role as the arbiter of truth, the arbiter of the limits of rights.

00:26:49.940 We are also watching a party that has become far more than an opposition party.

00:26:55.780 They are a party that it is committed ideologically as Marxists to destroying this nation, its foundation in the Constitution, this constitutional republic itself.

00:27:08.720 And if it were not for Senator Eric Smith and a few others who have stood tall in this moment, this might have an adverse ending that none of us want to contemplate.

00:27:21.920 Senator, I want to just say personally to you, thank you for all that you're doing and all that you've done.

00:27:27.560 You're a great American and we appreciate you being with us today.

00:27:31.080 Thanks so much, Lou. Good to talk to you again.

00:27:33.060 Thanks, everybody, for being with us here today.

00:27:35.120 Please join us tomorrow for The Great America Show, our guest investigative journalist, Laura Loomer.

00:27:40.840 And join us for Lou Dobbs tonight.

00:27:42.680 Watch us every weeknight on Rumble, Twitter and Frank Speech, 7 p.m. Eastern, 6 central.

00:27:48.860 And follow me on Twitter and true social at Lou Dobbs.

00:27:52.280 Thanks, everybody.

00:27:53.200 God bless you and may God bless America.

The Great America Show - March 19, 2024

FREE SPEECH IS THREAT TO MARXIST DEMS

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