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Rick’s Second 2024 Covid Misinformation Litigation Update, and there is plenty to Talk About

Rick’s Second 2024 Covid Misinformation Litigation Update, and there is plenty to Talk About

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So here is what’s going on, some good, but some not so good, but even the not so good presents some opportunities. To recap, on January 2nd, we filed Kory v. Bonta, which takes the battle against the Cali. medical boards to the heartland of their powers, those being the power that no man (or woman) shall challenge, the STANDARD OF CARE. The point of Kory is that there is no more of a legitimate Covid standard of care than…

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A Judicial Fastball: The Supremes Hit a Long Pause on the Missouri v. Biden First Amendment Preliminary Injunction

A Judicial Fastball: The Supremes Hit a Long Pause on the Missouri v. Biden First Amendment Preliminary Injunction

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No surprise here: The Supremes Stay Enforcement of the Biden v Missouri First Amendment Preliminary Injunction and take the case. In an unsigned order delivered yesterday, the Supreme Court placed a hold on the enforcement of the preliminary injunction—a decree dispatched by the Western District of Louisiana and later upheld, albeit with restrictions, by the Fifth Circuit in Missouri v. Biden. As you might recollect, this injunction threw a monkey wrench into the federal machinery, preventing various executive branch agencies…

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Is the Cali. Covid Misinformation Appeal Moot? That is the Question the 9th Circuit Just Asked the Parties.

Is the Cali. Covid Misinformation Appeal Moot? That is the Question the 9th Circuit Just Asked the Parties.

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In an entirely expected move, yesterday October 17th, the 9th Circuit issued an order asking the parties to submit supplemental filings on whether or not SB 815 which repeals the Cali. Covid Misinformation law (AB 2098 enacted as Bus.& Prof. Code Section 2270) as of January 1st, is moot. Here is the brief order. 9th Circuit Mootness Order AB2098 If you have been reading my past posts, you know that the AG and the medical board got the message from…

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Major First Amendment Update!

Major First Amendment Update!

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Folks, I will keep this pretty simple and straight: Biden v. Missouri As most of you probably know, Justice Alito stayed the 5th Circuit’s decision affirming a part of the lower court’s preliminary injunction against Biden Administration officals prohibiting them from attempting to force social media companies to censor public health information the government disagrees with and thinks is dangerous. For the reasons I set out in a recent post, https://wp.me/p7pwQD-1xW I am here to tell you that the 5th…

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Cali Legislature is about to pull the plug on Judge Shubb’s legally induced coma on the Covid Misinformation Law

Cali Legislature is about to pull the plug on Judge Shubb’s legally induced coma on the Covid Misinformation Law

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It was reported on Monday by the Los Angeles Times that legislators discretely incorporated the repeal of AB 2098, (Bus. & Prof. Code 2270), the temporarily enjoined Covid misinformation law, into the comprehensive health care boards bill, SB 815. Given the bias of the story, I won’t provide you the link to it. Instead, I will dive into the source: Here is the full SB 815 Bill Text – SB-815 Healing arts_. It is 28 pages. Like all bills, it…

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We Are Not Done with the Missouri v Biden Preliminary Injunction

We Are Not Done with the Missouri v Biden Preliminary Injunction

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WARM OFF THE PRESS: The Fifth Circuit affirms (in part) the Louisiana judge’s preliminary injunction stopping Biden government officials from interfering with the First Amendment rights of government officials and some private citizens from speaking out against the mainstream Covid narrative. (Well sort of, but not quite exactly.) The even better part is that the 5th agreed with the district court that the Biden administration likely violated the First Amendment rights of the state officials and private parties. And that…

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Watch The Avengers of Free Speech Do A Deep Dive On Their Fight Against Censorship

Watch The Avengers of Free Speech Do A Deep Dive On Their Fight Against Censorship

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Hear ye, hear ye! Advocates of free speech, assemble! Just as the Avengers rally to protect the world, a group of First Amendment champions are gathering to discuss their battles to safeguard our freedom of speech. Join them on August 17, 2023, at 8 PM EDT for a discussion as riveting as an Avengers movie. But instead of superheroes, we have some of the country’s leading warriors against censorship and defenders of the First Amendment. Hosting the event will be…

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A First Amendment Frenzy: From Courtrooms to Congress, Free Speech is Having a Field Day!

A First Amendment Frenzy: From Courtrooms to Congress, Free Speech is Having a Field Day!

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Hello, fellow advocates and enthusiasts of the First Amendment! If you thought the summer heat was intense, wait until you hear about the sizzling legal battles currently underway in the realm of free speech. Buckle up, because we’re about to embark on a whirlwind tour of some of the most significant First Amendment cases currently in play. First stop: the Golden State. Today, July 17, is oral argument day in the appeal of McDonald v. Newsom. This case revolves around…

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Breaking News: The Fifth Circuit Stops the Biden v. Missouri Injunction

Breaking News: The Fifth Circuit Stops the Biden v. Missouri Injunction

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Unless you’re living under a rock, you know that a Louisiana federal judge had issued a preliminary injunction barring many, many federal government officials from asking politely (threatening) social media companies to remove content which the government thinks is dangerous. Here is the judge’s opinion. bideninjunction Some people (myself included) consider this to be more dangerous than the content the government seeks to remove. Something about letting people make their own decisions about truth vs. falsehood which has been kicking…

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Join us for Bobby Kennedy’s Presidential Announcement Event in Boston on April 19th; Camelot 2.0 Begins!

Join us for Bobby Kennedy’s Presidential Announcement Event in Boston on April 19th; Camelot 2.0 Begins!

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The news that Bobby Kennedy is running for president broke a couple days ago. For many people like me, it’s the most exciting thing we have heard in a long time. Most of you know that I work with Bobby on cases. He and I are counsel of record in Hoang v. Bonta, in which we obtained a preliminary injunction stopping AB 2098 from applying to California physicians. We were also co-counsel in 2020 on the first mandate case (a…

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