Taking A Stand to Protect Free Speech

New Orleans, LA. - December 2, 2024

On November 26, 2024, Dr. Simone Gold and the AFLDS legal team filed an amici curiae brief with the US Fifth Circuit Court of Appeals in support of the Plaintiffs-Appellees (Plaintiffs) in Kennedy v. Biden. The Plaintiffs are seeking declaratory and injunctive relief from the ongoing COVID-19 censorship at the hands of the Biden administration, the Defendants-Appellants (Defendants). By submitting an en banc rehearing petition to the Fifth Circuit, the Plaintiffs are requesting that the full appeals court reconsider their case.

Earlier this year, US District Court Judge Terry A. Doughty ruled that Robert F. Kennedy, Jr. and Children’s Health Defense have standing for their First Amendment direct censorship claims against the Defendants. A Fifth Circuit three-judge panel later reversed the lower court’s ruling, rejecting the Plaintiffs’ claims that allowing the ongoing censorship to continue will cause more human harm. Additionally, the panel held that Plaintiffs were deprived of all legal standing because the government allegedly halted its censorship of the Plaintiffs (voluntary cessation), and vacated the trial court’s preliminary injunction. 

America’s Frontline Doctors contend that the Fifth Circuit panel adopted an overly restrictive interpretation of legal standing and concurs with the Plaintiffs’ claims. Medical censorship kills. ”Voluntary cessation” does not remove “standing” under the jurisprudence (theory of law). This holding sets a precedent that would allow government actors to destroy any and all constitutional rights at will under the simple pretense of temporary compliance. Further, this illegal behavior has not ceased and is likely to recur.

AFLDS attorney David Dalia states, “Trial judge Terry A. Doughty delivered a well-reasoned opinion based on the evidence. The Fifth Circuit’s dangerous and deeply erroneous ruling is contrary to the prevailing jurisprudence. RFK Jr. and Children’s Health Defense were some of the worst victims of the government’s ongoing illegal censorship campaign. To deny these injured Plaintiffs standing is analogous to denying standing to a gunshot victim, as long as his assailant promises never to do it again! This is of course absurd. The en banc Fifth Circuit should swiftly correct this very grievous error.”

AFLDS Founder and President Dr. Simone Gold added, “The dangerous precedent at stake in this lawsuit mirrors the historic Murthy v. Missouri case decided by SCOTUS earlier this year. Tragically, the High Court lacked the wisdom to strike down the government’s weaponized attack on free speech. As many know, AFLDS and I were also targets of the Biden administration as part of the so-called ‘Disinformation Dozen.’ The government’s suppression of free speech must not be allowed to continue. We remain hopeful that the Fifth Circuit has the courage to take the necessary action to correct this injustice by granting the Plaintiffs’ petition.” 

America’s Frontline Doctors maintains that the Defendants engaged in unconstitutional, dangerous and criminal activity by suppressing the Plaintiffs’ free speech during the COVID-19 pandemic. This illegal government overreach compromised the First Amendment rights and safety of millions of Americans. By censoring truthful and accurate medical information, the Defendants caused thousands of avoidable deaths - depriving millions of valuable information that could have helped them formulate personal medical decisions based upon fully informed consent.

These egregious censorship tactics have also been weaponized to control other narratives such as election integrity, medical mutilation and climate change. Stay tuned - We will keep you updated on this pivotal free speech case and our efforts to end the tyranny of weaponized censorship. 

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About AFLDS

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Media Contact Lisa Alexander, Communications Director | Media@AFLDS.org