August 09, 2023

5th Circuit to Hear Oral Argument on Aug. 10 in Landmark Free Speech Lawsuit, Missouri v. Biden

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Press Release

For Immediate Release

Washington, D.C. – The Fifth Circuit Court of Appeals in New Orleans will hear oral argument in the historic censorship lawsuit, Missouri et al. v Biden et al., on Thursday. On July 4, 2023, Federal Judge Terry A. Doughty, United States District Court for the Western District of Louisiana, granted the Plaintiffs’ request for a preliminary injunction, preventing the Biden Administration from colluding with social media platforms to censor the speech of citizens on several topics including COVID-19. The Biden Administration Defendants quickly appealed Judge Doughty’s order to the Fifth Circuit, which has fast-tracked the appeal while administratively staying the injunction (a stay which Judge Doughty had denied).

In late July, Judge Doughty issued an order consolidating the class action lawsuit, Robert F. Kennedy Jr., Children’s Health Defense et al. v. Biden et al., with Missouri et al. v. Biden et al. because, as Judge Doughty recognized, consolidation of these cases will “reduce cost and time, and result in judicial efficiency.”

“We’re looking forward to having our day in court in this landmark lawsuit to maintain free speech,” said Children’s Health Defense (CHD) Chairman on leave, Robert F. Kennedy Jr. “Never in the history of this country have federal officials worked so blatantly in collusion with industry to silence the voices that question government agendas. Censorship is antithetical to everything our nation’s founders fought so hard to establish. We need to stop this dangerous trend in its tracks.”

Robert F. Kennedy Jr., Children’s Health Defense et al. v. Biden et al., filed on March 23, 2023, alleges that the defendants, including President Biden, White House Press Secretary Karine Jean-Pierre, Surgeon General Vivek Murthy, and a number of agencies – including the CDC, HHS, DHS, CISA, NIAID, Census Bureau, and the FBI – colluded with and pressured social media companies to suppress speech that runs counter to government narratives and silence specific speakers who are critical of federal policy. The case additionally alleges a violation of the First Amendment right to receive information and ideas on behalf of CHD, a nonprofit organization representing consumers of health information nationwide.

Missouri et al. v. Biden et al., filed in May 2022 by Missouri Attorney General Eric Schmitt (now U.S. Senator Schmitt) and Louisiana Attorney General Jeff Landry, seeks to “expose how top Biden Administration officials allegedly colluded with social media companies to censor freedom of speech,” according to a joint statement filed by Landry and Schmitt in September 2022.

“When the federal government decides what citizens can say and how they can say it, our democracy is directly harmed,” said Sen. Schmitt in a July 11 letter to the defendants in Missouri et al. v. Biden et al. Schmitt’s letter asked to receive all communications between government officials and Big Tech companies that would have potentially censored protected speech.

CHD’s Acting General Counsel Kim Mack Rosenberg, Esq. will be in New Orleans to cover the hearing for CHD’s online news site, The Defender and CHD-TV.


Children’s Health Defense® is a 501(c)(3) non-profit organization. Our mission is to end childhood health epidemics by working aggressively to eliminate harmful exposures, hold those responsible accountable and establish safeguards to prevent future harm. We fight corruption, mass surveillance and censorship that put profits before people as well as advocate for worldwide rights to health freedom and bodily autonomy.

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