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DOJ appeals ruling that blocks the government from engaging in censorship

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“If the allegations made by Plaintiffs are true, the present case arguably involves the most massive attack against free speech in [the] United States’ history.”

–JUDGE TERRY DOUGHTY

The Biden administration has appealed a court ruling that blocked agency officials from contacting social media companies in a lawsuit that claims administration officials encouraged and even coerced those companies to censor posts the government considered to be “misinformation.”


Quick Facts


On July 4, U.S. District Court Judge Terry Doughty released a 155-page memorandum granting a preliminary injunction to the plaintiffs, who include the states of Missouri and Louisiana, as well as medical professionals, a conservative publisher, and a private citizen who advocated online for health freedom and against lockdowns. All of the individual plaintiffs spoke out against the accepted government narrative on certain issues and were censored or permanently suspended on social media.

“If the allegations made by Plaintiffs are true, the present case arguably involves the most massive attack against free speech in [the] United States’ history. In their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment’s right to free speech,” wrote Doughty.

He added that the plaintiffs “have presented substantial evidence in support of their claims that they were the victims of a far-reaching and widespread censorship campaign” and that they “are likely to succeed on the merits in establishing that the Government has used its power to silence the opposition.”

The injunction bars administration officials from having any contact with social media companies for the purpose of “urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech posted on social-media platforms.”

In his explanation, Doughty observed,

“Opposition to COVID-19 vaccines; opposition to COVID-19 masking and lockdowns; opposition to the lab-leak theory of COVID-19; opposition to the validity of the 2020 election; opposition to President Biden’s policies; statements that the Hunter Biden laptop story was true; and opposition to policies of the government officials in power. All were suppressed. It is quite telling that each example or category of suppressed speech was conservative in nature. This targeted suppression of conservative ideas is a perfect example of viewpoint discrimination of political speech. American citizens have the right to engage in free debate about the significant issues affecting the country.”

Doughty wrote that although the court is still examining the case and this is not a final ruling, “the evidence produced thus far depicts an almost dystopian scenario. During the COVID-19 pandemic, a period perhaps best characterized by widespread doubt and uncertainty, the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”

Missouri Attorney General Andrew Bailey celebrated the ruling on Twitter, writing,

“The Court has granted our motion to BLOCK top officials in the federal government from violating the First Amendment rights of millions of Americans. What a way to celebrate Independence Day.”

On Wednesday evening, the DOJ filed a notice of appeal of the ruling, saying that the judge’s ruling could “cause grave damage” to the government’s ability to protect citizens.

By their own admission, high-ranking government officials colluded with powerful tech companies to censor American speech they did not want others to hear or read. That involved directing or putting pressure on tech companies to target and cancel those who, in the words of CISA director Jen Easterly, are “dangerous” individuals for posting and sharing what the government considered to be “alternative facts” and “post-truth” with regard to COVID-19 policies and other concerns. Many of those posts have since turned out to be true.

In his ruling, Doughty quoted President Harry Truman, who warned,

“Once a government is committed to the principle of silencing the voice of opposition, it has only one place to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”

This has been the path of totalitarian governments such as the Soviet Union and the Chinese Communist Party, and now it is the path of the U.S. government. During the COVID pandemic, the government repeatedly lied to the American people with the help of an all-too-willing media and social media cooperation or compliance. It also sought to ban any dissent or any information that did not fit its desired narrative, which was that COVID was something everyone should be terrified of, that businesses and schools needed to be closed, that churches were a unique threat, and if one would only take the COVID vaccine, we could all live our lives in safety and without fear.

Our government is committed to silencing the voice of opposition. It is up to Americans to stop it, those in positions of authority and those who can vote and speak out against censorship.

Proverbs 18:15 states,

“The mind of the prudent acquires knowledge, And the ear of the wise seeks knowledge.”

Towing the government-approved line isn’t wisdom. Sticking your head in the sand and refusing to listen to new evidence isn’t wisdom. That is what the government has repeatedly demanded that everyone do — embrace the notion that only the government knows best and Americans have no right to say or believe otherwise.

This ruling is a huge win, as it brings even more attention to the government’s tyrannical efforts to undermine the Constitution, and it can help guard against future censorship. Ultimately, though, it is up to Americans to safeguard their God-given right to free speech. And the only way that will happen is if, like these plaintiffs, we refuse to be intimidated into silence and continue to speak the truth.


Ready to dive deeper into the intersection of faith and policy? Head over to our Theology of Politics series page where we’ve published several long-form pieces that will help Christians navigate where their faith should direct them on political issues.

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