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A recent landmark court ruling in a case brought by Children’s Health Defense (CHD) against the Federal Communications Commission (FCC) should concern anyone who uses wireless technology (cell phones, iWatches and Wi-Fi), especially parents of children who use these devices.
On Aug. 13, the U.S. Court of Appeals for the D.C. Circuit ruled the FCC’s 2019 decision that its 1996 guidelines adequately protect the public from non-cancer harms from 5G and wireless-based technologies was capricious, arbitrary and not evidence-based.
In 2019, after an alleged six-year review of the science on the potential harms of 5G and wireless technology, the FCC concluded the evidence showed no harm and therefore its 1996 guidelines are sufficient to protect the public and no review of the guidelines was warranted.
In the U.S., as long as a wireless-based technology complies with FCC guidelines, it is considered safe, and no lawsuit can be filed for injuries.
However, CHD’s case revealed that while the FCC has been pushing 5G and forcing Wi-Fi-based technologies on our children, the safety assurances made by the FCC and the U.S. Food and Drug Administration (FDA) are not supported by evidence. As the court’s ruling indicates, the contrary is true.
The court ruled the FCC failed to engage at the level of reasoned decision-making required from a federal agency. Furthermore, the commission failed to provide an analysis of the evidence showing how it reached its decision.
The FCC’s determination that its health guidelines related to non-cancer harms were adequate, was based on a statement from the FDA and a link to the FDA webpage from 2017. The court ruled that the FDA’s conclusions also were not supported by careful scientific analysis, as required from a federal agency.
During a press conference Aug. 16, announcing CHD’s victory, CHD Chairman Robert F. Kennedy, Jr. said “Those agencies no longer have any interest in protecting public health. They have become sock puppets for the industry that they are supposed to be regulating.”
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In order to strengthen the alleged legitimacy of its guidelines, the FCC claimed the guidelines were supported by other government agencies. However, after petitioners refuted this claim, the FCC explained the fact that other agencies didn’t raise any objections was evidence of their consensus.
The court disagreed, ruling that “silence is not consent.”
Following a report by the Government Accountability Office suggesting the FCC should review its 1996 guidelines, in 2013, the FCC opened a Notice of Inquiry requesting comments from the public on whether the commission should initiate a rulemaking to modify the guidelines.
In December 2019, the FCC published its decision (called “order”) that the guidelines were sufficiently protective of public health and required no review.
Consequently, in February 2020, CHD filed the lawsuit (called “Petitioner for Review”) challenging the decision. A similar case was filed by the Environmental Health Trust. The cases were consolidated in the D.C. Circuit and the organizations filed joint briefs.
More than 1,000 comments and extensive evidence of harm from radiation at levels well below the guidelines were filed with the FCC by scientists, medical organizations, municipalities and individuals who have developed sickness from this technology.
The court explained that when reaching a determination, a federal agency must consider the evidence filed by the public, and address important evidence, especially when it contradicts the premise behind the agency’s determination (as it did in this case). The petitioners filed 11,000 pages of evidence showing the extent of evidence the FCC ignored.
The court ruled the FCC failed to meaningfully respond to the evidence filed with the agency, and that this failure also renders the FCC decision arbitrary, capricious and not evidence-based.
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Referring to the petitioner’s brief, the court referenced evidence of numerous harms from wireless technology, including radiation sickness (electro-sensitivity), neurological effects, oxidative stress (a causal mechanism of harm), effects on sperm, and effects of prenatal exposure and blood-brain barrier damage, all of which the FCC ignored.
The court emphasized the FCC’s failure to respond to evidence of the effects on children, especially in regard to testing procedures for cell phones. The court stated that extensive evidence was filed.
The evidence includes a letter from the American Academy of Pediatrics, experts’ letters regarding the effects on children, the BioInitiative Report and many studies including a study showing that one year of cell phone use by adolescents can lead to permanent damage to memory and other brain effects.
The FCC guidelines test wireless portable devices for 30-minute exposure from a single device, and consider only heating effects on tissue. The court determined the FCC failed to respond to evidence showing effects that have nothing to do with heat (called “non-thermal harms”), and also failed to consider other factors that may be involved in causing harm, including long-term exposure and pulsation and modulation of the wireless radio frequency signals (two methods of imbuing radio waves with information).
The court stated the FCC also failed to address evidence relating to the effects of developments in wireless technology that have occurred since 1996, including the ubiquity of wireless devices, Wi-Fi and the emergence of “5G” technology.
The FCC’s complete failure to acknowledge and respond to evidence concerning environmental harms was yet another reason for the court’s ruling. The court cited a 2014 letter from the U.S. Department of the Interior voicing concern that radiation from cell towers affects migratory birds and concluding the FCC guidelines are 30 years out of date.
CHD’s lead attorney for the case, Scott McCollough, explained that “as a result of this decision, the FCC will have to re-examine its determination and for the first time meaningfully and responsibly confront the vast amount of scientific and medical evidence showing that current guidelines do not adequately protect health and the environment.”
© 2021 Children’s Health Defense, Inc. This work is reproduced and distributed with the permission of Children’s Health Defense, Inc. Want to learn more from Children’s Health Defense? Sign up for free news and updates from Robert F. Kennedy, Jr. and the Children’s Health Defense. Your donation will help to support us in our efforts.
The Dangers of Speaking the Truth Diminish If We Work Together
It’s becoming harder and harder for patriots to ignore the deep suppression of truth that’s happening in America today.
In all of my years in journalism, I have never received as many threats or been attacked by big companies like Google and Facebook as I have in 2021. I’d say that ever since we started covering widespread voter fraud, government-endorsed Pandemic Panic Theater, vaccine cover-ups, Critical Race Theory, and the various Neo-Marxist and Satanic agendas at play, I’ve been targeted more in months than the entirety of my life prior.
Speaking the truth is getting harder with so much censorship and suppression rampant. Prior to 2020, I was not a “conspiracy theorist” or an “anti-vaxxer,” but if there’s one thing the onslaught of exposed lies have taught us in the last 18 months, it’s that we cannot take what we’re told by the “arbiters of truth” at face value. There’s an agenda behind every message, a narrative driving every story, and a series of gigantic cover-ups designed to keep the masses in the dark.
This is why we’re building a network of news outlets that are willing to go against the narrative and expose the truth. We need help. We’re establishing strong partnerships with like-minded news outlets and courageous journalists. Even as Big Tech suppresses us, the honest messages they’re trying to quash are finding their way to the eyes and ears of patriots across the nation. With the help of new content partners like The Epoch Times and The Liberty Daily, we’re starting to see a real impact.
Our network is currently comprised of nine sites:
- NOQ Report
- Conservative Playlist
- Truth. Based. Media.
- Freedom First Network
- Based Underground
- Uncanceled News
- American Conservative Movement
- Conservative Playbook
- Our Gold Guy
Some of our content is spread across all of these sites. Other pieces of content are unique. We write most of what we post but we also draw from those willing to allow us to share their quality articles, videos, and podcasts. We collect the best content from fellow conservative sites that give us permission to republish them. We’re not ego-driven; I’d much rather post a properly attributed story written by experts like Dr. Joseph Mercola or Natural News than rewrite it like so many outlets like to do. We’re not here to take credit. We’re here to spread the truth.
I’ve said much of this before. From time to time I reframe this request for assistance by taking the most relevant message of the day and adjusting the story accordingly. We’ve discussed this network in previous articles. Now, it’s time to talk about help. First and foremost, we need financial assistance detailed below. But we could also use more writers who are willing to volunteer their thoughts for the sake of spreading the message. Those who are interested should contact me directly.
As far as money, we’re looking better than we have in the recent past, but we are currently experiencing a gap between revenue and expenses that cannot be overcome by click-ads and MyPillow promos alone (promo code “NOQ” by the way).
To overcome our revenue gap and keep these sites running, our needs fluctuate between $2200-$7800 per month. May, 2021, for example, was amazing and we almost broke even. June, revenue was sluggish at best and we had to make up a big difference out of our pockets. But we’re not just trying to get out of the red. If and when we start getting enough contributions to expand, we will do just that. Very few get into journalism to try to get rich and we’re definitely not among those who do. Our success is driven by spreading the truth, profitable or not.
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The best way you can help us grow and continue to bring proper news and opinions to the people is by donating. We appreciate everything, whether a dollar or $10,000. Anything brings us closer to a point of stability when we can hire writers, editors, and support staff to make the America First message louder. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal or Bitcoin as well. Bitcoin: 3A1ELVhGgrwrypwTJhPwnaTVGmuqyQrMB8
Time is short. As the world spirals towards radical progressivism, the need for truthful journalism has never been greater. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report and the other sites in the network going. Our promise is this: We will never sell out America. If that means we’re going to struggle for a while or even indefinitely, so be it. Integrity first. Truth first. America first.
Thank you and God Bless,
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We Often Feel Like David Taking on Giants
Today’s Goliath is the Mainstream Media Industrial Complex that brainwashes the masses.
Our mission is very straightforward: To counter the false narratives and nefarious agendas destroying America today. It isn’t easy for obvious reasons; despite incredible growth over the last year we are still a very tiny fish in a huge media pond. But we’re fighting and we will continue to do so, Lord willing, for as long as we possibly can. The battle for America’s present and future is too important for us to back down to the giants that stand in our way.
We need help. I don’t want to say “desperately,” but the need is definitely great. If you have the means, please donate through our GivingFuel page, PayPal, or our brand new GiveSendGo page. Your generosity is what keeps these sites running and allows us to get the truth to the masses. We’ve had great success in growing but we know we can do more with your assistance.
Thank you, and God Bless!