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Category: First Amendment

No Decision Yet in Kory v. Bonta—But Here’s My Best Guess (or Wishful Thinking) about the What’s Coming

No Decision Yet in Kory v. Bonta—But Here’s My Best Guess (or Wishful Thinking) about the What’s Coming

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Still no word from the Supreme Court on Kory v. Bonta. To recap: we filed for certiorari after the Ninth Circuit affirmed Judge Shubb’s denial of a preliminary injunction and upheld his determination—joined by two of the three appellate judges—that the plaintiffs lacked standing. After we filed the cert petition, the California Attorney General’s office waived its right to respond. However, the Court ordered a response anyway. That’s significant—it means at least one Justice thought it worth hearing how the…

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Kory v. Bonta Is in the Justices’ Hands—Now We Wait

Kory v. Bonta Is in the Justices’ Hands—Now We Wait

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Our reply brief in Kory v. Bonta was filed yesterday. Here it is. Petitioners Reply Brief Here are the other briefs, opening brief, 24-KoryPetition brief in opposition, oppositionbrief and the amicus filed by Simone Gold and her group, (thanks Simone!) AFD-Kory Amici Brief-4-16-2025 (1) The case should be submitted to the justices for cert consideration starting today. The term ends the end of June, so we will get an answer before the term ends. But since the last scheduled conference…

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News on the Kory Cert Petition Front

News on the Kory Cert Petition Front

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Things are moving quickly with our petition which was docketed at the Supreme Court on February 27th. Thereafter, the AG’s office filed a waiver of their right to respond to the petition. Shortly thereafter, the petition set for conference on March 28th, which seems very quick. However, today, apparently after review of the petition, the Court requested that the AG submit an response to be filed by April 16th. Ell, they at least think there is enough merit that they…

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Hot off the Press: The Kory v. Bonta Petition at the Supremes has just been Docketed

Hot off the Press: The Kory v. Bonta Petition at the Supremes has just been Docketed

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I just received word that our petition for certiorari on Kory v Bonta has been docketed. here it is: 24-KoryPetition. I think it came out pretty good. But I am missing my former co-counsel on the case, but he’s already doing great work in his new gig. These petitions are a super long shot usually. I intend to stir things up to dramatically increase the odds. Stay Tuned for the next update tomorrow. You’ll like it. Rick Jaffe, Esq.

The Stockton appeal is now ready for May’s Oral Argument, and What’s Next

The Stockton appeal is now ready for May’s Oral Argument, and What’s Next

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Our reply brief in Stockton v. Ferguson has been filed. For anyone interested in getting into the weeds, here it is (along with the AG’s brief in opposition which is what the reply brief responds to. Stocktonrelpyfilestamped. OPPOSINGBRIEF Oral argument is set for the week of May 12th in San Francisco. That gives me some breathing room, and like many, now that our guy is in place, we can all start focusing on how we can help from the outside…

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Can Uncle Sam Pull the Plug on Pharma’s $7.6 Billion Media Megaphone? Maybe or Maybe not, but it’s worth the fight

Can Uncle Sam Pull the Plug on Pharma’s $7.6 Billion Media Megaphone? Maybe or Maybe not, but it’s worth the fight

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One of the things the new administration may try to do is eliminate Pharma advertising in the media. Like many, I think Pharma’s advertising has adversely impacted the public dialogue and public health. More bluntly, the media is Pharma’s paid shill and mouthpiece, and it has hurt the country. More specifically, the media’s megaphone for Pharma is one of the reasons that on just about every important health metric, we are in the middle or bottom half of first world…

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No Stone Unturned in John Stockton v. Robert Ferguson: An Update

No Stone Unturned in John Stockton v. Robert Ferguson: An Update

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Here’s the short of the case: We filed in Washington state federal court to stop the Washington Medical Commission from investigating and sanctioning physicians for speaking out against the mainstream Covid narrative. We claimed the right of physicians to speak out in public, and also the right of individuals like lead Plaintiff/basketball legend John Stockton to hear the speech of physicians like his friend and his podcast guest, Richard Eggleston MD, who is currently being prosecuted by the Commission. The…

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Judge Shubb Denies the Preliminary Injunction in Kory v. Bonta, but the battle continues

Judge Shubb Denies the Preliminary Injunction in Kory v. Bonta, but the battle continues

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Yesterday, April 23, 2024, Judge Shubb denied our motion for a preliminary injunction in Kory v. Bonta. The case, as you will recall, was a follow-up to the Hoang and Hoeg cases challenging AB 2098, where in January 23, 2023, Judge Shubb granted a preliminary injunction baring enforcement of the law. The judge recently dismissed both of those cases after the 9th Circuit dismissed the two other AB 2098 cases on mootness grounds, because the legislature repealed AB 2098 (Section…

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Fairly Significant (but not unexpected) update on the Cali Covid Misinformation Wars, But We’re Still Waiting for the Big Enchilada!

Fairly Significant (but not unexpected) update on the Cali Covid Misinformation Wars, But We’re Still Waiting for the Big Enchilada!

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Yesterday we had the hearings in the Hoang and Hoeg cases, that being the attorney general’s motion to dismiss both cases on mootness grounds. You will recall that on February 29th, the Ninth Circuit decided that the other two AB 2098 cases were moot and order the district court to dismiss the two cases and also the vacate their decisions, and really just means Judge Slaughter’s ridiculous and pretty ignorant decision indicating that AB 2098 was constitutional. And that was…

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The Next Battle against “Covid Misinformation” has just begun in Washington State

The Next Battle against “Covid Misinformation” has just begun in Washington State

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On Thursday, March 7th, we filed Stockton v. Ferguson in the Eastern District of Washington. Washington has prosecuted around 60 doctors, in whole or in part based of their speaking out in public against the mainstream Covid narrative. Since April 2023, I have been involved in one of these prosecutions, the one against Richard Eggleston. We had obtained a appellate court stay of the case, but it was recently vacated. So it was time to up the ante and change…

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