In a crucial anti-censorship case standing up for free speech rights, Judge Terry A. Doughty of the US District Court for the Western District of Louisiana issued a preliminary injunction that prevents high-ranking officials within President Biden’s administration, as well as their respective federal agencies, from coercing or heavily influencing social media entities to suppress or mute content that is protected under free speech rights. This marks a significant milestone for Robert F. Kennedy Jr. and the Children’s Health Defense (CHD), as this partial decision brings them one step closer to achieving their objective.
This landmark lawsuit came about due to allegations that the Biden administration conspired with social media giants to unlawfully suppress online speech. However, despite the win, this injunction is on hold until the Supreme Court delivers its verdict on the closely related Murthy v. Missouri, another critical censorship case. The case by Kennedy and CHD aims to protect the free speech rights of over 80% of Americans who source their news from social platforms.
Two different censorship cases — Kennedy v. Biden and Murthy v. Missouri — were mashed into one by Doughty in July 2023 to simplify the proceedings. Notwithstanding this merger, Doughty ruled that the Western District Court of Louisiana still retains jurisdiction over the injunction requested by Kennedy and CHD. This decision highlights the criticality of Kennedy having the chance to support his allegations before the court without delay.
Kennedy, the CHD, and private citizen Connie Sampognaro filed this turnover case in March 2023 against President Biden, Dr. Fauci, and other key officials in the administration. It emerged from a class-action complaint set forth to represent the majority of Americans who turn to social media for their news.
The decision from Judge Doughty outlined a multitude of ways in which the defendants in the Kennedy et al. v. Biden litigation were infringing upon free speech rights endowed by the First Amendment, concluding in a court order directing them to cease such violations. The judge acknowledged that the “right of free speech is a fundamental constitutional right.” He pointed out a concentrated effort by the defendants, extending from the White House to federal agencies, aimed at silencing voices based on content.
We obtained a copy of the decision for you here.
According to the lawsuit, officials of the Biden administration have orchestrated a strategic and comprehensive campaign to pressurize three of the country’s largest social media platforms into censoring speech protected by the constitution. The complaint suggests that the government pushed aggressively for the direct censorship of Kennedy and CHD on most platforms, along with censorship of content that challenges official narratives on COVID-19 and other contentious topics.
Dedicated CHD president, Mary Holland, shared her thoughts on the verdict with The Defender, stating that the ruling is an “important victory for the US Constitution.” The written order by District Judge Doughty has determined that the court must issue the preventative injunction because breaches of free speech rights constitute irreparable harm.
