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Lawyers for the Biden administration today filed a motion with the 5th Circuit U.S. Court of Appeals seeking to block an injunction that would have prohibited White House officials from coercing or significantly encouraging social media platforms to suppress or censor online content.
The move came less than 24 hours after a lower court denied two crucial motions by government defendants seeking to overturn the preliminary injunction, set to take effect July 7, in the Kennedy v. Biden censorship lawsuit.
Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana on Tuesday rebuffed the administration’s attempts to delay or modify the Kennedy v. Biden preliminary injunction.
The injunction was granted in February but temporarily stayed until 10 days after the U.S. Supreme Court ruled on a similar injunction in a related censorship case, Murthy v. Missouri.
On June 26, the Supreme Court ruled 6-3 that the plaintiffs in Murthy v. Missouri did not have standing to bring the case.
In their dissenting opinion, Justices Neil Gorsuch, Clarence Thomas and Samuel Alito Jr. argued that the majority decision was “blatantly unconstitutional” and that the court was “shirk[ing] its duty” by failing to rein in government censorship.
Attorneys for Children’s Health Defense (CHD) and Robert F. Kennedy Jr. — plaintiffs in Kennedy v. Biden — said they believe CHD and Kennedy have standing, and overall, a stronger case.
Given the 5th Circuit’s previous ruling upholding the injunction in the related Missouri v. Biden case (later named Murthy v. Missouri), attorneys who spoke with The Defender were cautiously optimistic about the new developments.
According to Jed Rubenfeld, one of the attorneys representing the Kennedy plaintiffs, the 5th Circuit could grant the government’s emergency stay request pending a hearing on the appeal, a process that could take months.
But the appeals court also could choose to expedite a ruling, perhaps in response to the clear and compelling evidence of the government’s role in thwarting Kennedy — running for U.S. president as an independent — free speech rights during the crucial few remaining months before the election.
After the government filed its motion today for an emergency stay, the court reached out to Kennedy v. Biden attorneys asking them to respond, according to an attorney for the plaintiffs.
CHD CEO Mary Holland told The Defender that in a previous hearing related to Kennedy v. Biden, the 5th Circuit judges compared the government’s actions to “a mafia threat.”
“CHD really is at the front of the pack here on the First Amendment,” Holland said. “It’s moving in our direction. We just have to hold tight and wait for what’s going to happen at the 5th Circuit.”
Timing of Doughty injunction hinged on Supreme Court ruling
Doughty on Tuesday rejected the government’s Motion for Clarification of Duration of Stay of Preliminary Injunction and its Motion for an Indicative Ruling Dissolving the Preliminary Injunction. The court stated it lacked jurisdiction to address these requests, as the case is currently under appeal with the 5th Circuit.
The government tried two approaches to delay or modify the injunction: first, asking Doughty to clarify or extend the “pause” on the injunction, hoping to buy more time before it took effect. Second, asking the judge to align with the Supreme Court’s ruling in Murthy v. Missouri, find that Kennedy and CHD lack standing and thus dissolve the injunction.
By denying both motions, Doughty effectively told the government it had come to the wrong place — the ball is now in the 5th Circuit’s court.
Kennedy in a post on X (formerly Twitter) called the Doughty ruling a “big victory.”
Background on Kennedy v. Biden
Kennedy v. Biden is a class action lawsuit filed in March 2023 by Kennedy, CHD and private citizen Connie Sampognaro.
The suit, filed on behalf of over 80% of Americans who access news through social media, alleges that key Biden administration officials, including President Joe Biden and Dr. Anthony Fauci, colluded with major social media platforms to unlawfully censor online content.
The plaintiffs claim that the government waged a “systematic, concerted campaign” to compel the nation’s three largest social media companies to censor constitutionally protected speech.
Specifically, they allege that the administration pressured these platforms to directly suppress or censor Kennedy and CHD, as well as content containing views about COVID-19 and other issues contradicting the government narrative.
This case shares similarities with Murthy v. Missouri. Both cases allege government interference with free speech on social media platforms.
However, the Kennedy v. Biden case is distinct in several ways, particularly regarding the plaintiffs’ standing and the specificity of the injunction sought.
In July 2023, Doughty consolidated the Kennedy v. Biden case with Murthy v. Missouri (then Missouri v. Biden), recognizing their common legal and factual issues.
Despite this consolidation, the court maintained it had jurisdiction over Kennedy and CHD’s separate motion for a preliminary injunction, acknowledging the potential for delayed justice if the cases were fully merged.
The case gained significant momentum in February 2024 when Doughty granted a preliminary injunction in favor of the Kennedy plaintiffs but stayed its implementation until after the Supreme Court’s decision in the Murthy v. Missouri case.
The Defender on occasion posts content related to Children’s Health Defense’s nonprofit mission that features Mr. Kennedy’s views on the issues CHD and The Defender regularly cover. In keeping with Federal Election Commission rules, this content does not represent an endorsement of Mr. Kennedy who is on leave from CHD and is running as an independent for president of the U.S.
John-Michael Dumais is a news editor for The Defender. He has been a writer and community organizer on a variety of issues, including the death penalty, war, health freedom and all things related to the COVID-19 pandemic.
“© [Article Date] 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.
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