In a united stand to protect the First Amendment, the New Civil Liberties Alliance (NCLA), together with Missouri and Louisiana Attorneys-General, have approached the US Court of Appeals for the Fifth Circuit. They are urging the court to uphold a preliminary injunction set forth by US District Judge Terry Doughty. This injunction restricts various federal entities and government officials from unduly pressuring, or collaboratively working with social media companies, to stifle constitutionally-protected free speech.
The defendants in question, federal government functionaries implicated in Missouri, et al., vs Biden, et al., are making a bid in the Fifth Circuit to nullify the injunction. The injunction safeguards Americans’ right to free speech on social media networks. NCLA is slated to submit oral arguments for this groundbreaking case on August 10 in New Orleans.
Government representatives have been implicated in a concerted effort to suppress divergent opinions on controversial subjects. Such subjects include the effectiveness of mask mandates, Covid-19 vaccine safety, and theories on the virus’s origins. Among those silenced by this government-facilitated censorship include influential medical professionals and scientists including Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty as well as activist Jill Hines. These individuals have been targeted with manipulative social media tactics including shadow-banning, throttling, de-boosting, and outright censorship.
This intimidation campaign has caused severe damage to NCLA’s clients’ ability to express their viewpoints. Moreover, it has denied the American public from hearing alternative perspectives that counterbalance the official narrative. Judge Doughty concluded that the plaintiffs have a strong case in proving a violation of the First Amendment. The judge holds that the Administration’s behavior can be seen as, “arguably an unprecedented assault on free speech in the history of the United States,” which he eerily equates to a real-life “Orwellian Ministry of Truth.”
Interestingly, in this case, the federal government defendants haven’t presented a single instance to validate their claim that the injunction hampers their legitimate right to government speech. The government’s contention that the injunction lacks specificity also falls flat. In reality, Judge Doughty has been uniquely meticulous in defining the parameters of what actions these government defendants are allowed, and not allowed, to engage in, barring them from dealing with criminal speech on social media platforms.
Jenin Younes, Litigation Counsel, NCLA, stated, “The government’s unconstitutional censorship regime stifled scientific debate on topics of critical importance during the Covid era…Yet the Biden Administration wants to continue to use its clout to silence dissenters with impunity. We look forward to seeing the Fifth Circuit vindicate NCLA’s clients, who like all Americans have been victims of this unlawful enterprise.”
Zhonette Brown, Senior Litigation Counsel, NCLA, added, “Plaintiffs are confident that the government violated the First Amendment and that the lower court crafted an appropriate injunction.”
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