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American Thinker
American Thinker
6 Jul 2023
David Zukerman


NextImg:A valiant federal judge defends freedom of speech from its enemies in the Biden Administration

The Introduction to Judge Terry A. Doughty’s Fourth of July ruling in State of Missouri, et al. v. Joseph R. Biden, Jr., et al. -- 3 - 22 - cv - 01213, includes this observation:

If the allegations made by Plaintiffs are true, the present case arguably involves the most massive attack against free speech in 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.

Note those words, "the most massive attack against free speech in United States history."

Judge Doughty

By the 154th page of his 155-page, magnificent defense of free speech in the United States,  Judge Doughty, (W.D., LA.) concluded, in significant part:

The Plaintiffs are likely to succeed on the merits in establishing that the Government has used its power to silence the opposition. 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.

The fair inference from the conclusion of Judge Terry A. Doughty’s opinion is that the Biden Administration has "suppressed...conservative idea" ranging from positions on Covid-19, to questions about the 2020 presidential election to "the Hunter Biden laptop story" -- and, elsewhere in the opinion, even positions on climate change.   Accordingly, this valiant judge granted plaintiffs the preliminary injunctive relief they sought against the defendants, who included Dr. Anthony Fauci, the FBI, and the State Department.  This opinion offers support for the concern voiced by Sen. Ron Johnson (R.-Wi.) to Just the News, July 3, that federal agencies have been infiltrated by "Radical Left partisans."  

This passage from Judge Doughty's ruling indicates how the Deep State works its will to throttle conservative viewpoints:

Plaintiffs allege that Defendants, through public pressure campaigns, private meetings, and other forms of direct communication, regarding what Defendants described as “disinformation,” “misinformation,” and “malinformation,” have colluded with and/or coerced social-media platforms to suppress disfavored speakers, viewpoints, and content on social-media platforms.

By granting the preliminary relief sought by plaintiffs, including the states of Missouri and Louisiana and private individuals whose views on Covid-19 have been suppressed by defendant individuals or agencies, Judge Doughty found that the plaintiffs supported their allegations.  Judge Doughty, at pages 97 - 99 of his opinion, printed a very long list of examples of the coercive tone applied by "White House defendants" to social media outlets.  Here is just one of the coercive comments to indicate the true face of this bullying administration acting in the name of totalitarian methods of government, not the Constitution of the United States:

(k) [White House Digital Director Rob] Flaherty told Facebook: 'Are you guys fucking serious.' I want an answer on what happened here and I want it today.'" 

GOP House members might keep Flaherty's bullying use of the f-word in mind, next time the Democrat colleagues try to describe Mr. Biden as a "just folks President.

Here are three observations from Judge Doughty's opinion that counter what the Democrat totalitarians are all about.

At page 134 of the opinion, he underscores the right of the Plaintiff's "to receive information free from Government interference."   This "right," however, is denied by Bidenesque leftists who claim the power to block the free flow of ideas by the labels "disinformation," "misinformatiion," and "malinformation."   Judge Doughty was perceptive to compare the Biden administration to the Ministry of Truth in Orwell's dystopian novel, "1984."

This observation from Judge Doughty, at page 134 of his opinion indicates how recalcitrant are the Democrat totalitarians:  '

"[T]he Court finds that Plaintiffs are likely to prove that a favorable decision will redress their injuries because their injuries are ongoing and likely to remain."  (This writer would suggest that House Judiciary Committee Chairman Jim Jordan infer from this sage observation, for example, that without corrective action taken by Congress, the FBI will continue to target MAGA people as domestic terrorists.  Donald J. Trump is wise to remind ordinary Americans that they are the real target of the radical left -- he is just in their way.)

Photo credit: U.S. Senate Judiciary Committee, public domain.