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Federal Court Grants Injunction Against CISA in Historic Censorship Case Expected to Head to Supreme Court

Press Release

For Immediate Release

Washington, D.C. – In the landmark freedom of speech case Missouri et al. v. Biden et al., the U.S. Fifth Circuit Court of Appeals on Tuesday, Oct. 3, ordered an injunction against the Cybersecurity and Infrastructure Security Agency (CISA), which operates under the Department of Homeland Security. The District Court for the Western District of Louisiana consolidated Kennedy, et  al. v. Biden, et al. with Missouri on July 24. Plaintiffs in the Kennedy case include Children’s Health Defense (CHD) and Robert F. Kennedy, Jr., CHD’s chairman on leave. Both cases allege that the defendants, including President Biden, White House Press Secretary Karine Jean-Pierre, Surgeon General Vivek Murthy, and a number of federal agencies, colluded with and pressured social media companies to suppress speech that questioned or disagreed with government narratives on topics including COVID-19.

While the District Court originally had enjoined CISA in its July 4 preliminary injunction limiting Biden Administration officials’ contact with social media platforms, the Fifth Circuit disagreed with the lower court as to including CISA in that injunction in its Sept. 8 decision. However, the 5th Circuit, on Plaintiffs’ application, reversed itself on this issue on Oct. 3 and enjoined CISA. Missouri Attorney General Andrew Bailey claimed on social media platforms Tuesday, “We filed a motion asking the Fifth Circuit to include CISA in their court order blocking further First Amendment violations. It was granted.”

In yesterday’s ruling, the three-judge panel agreed with the Plaintiffs “that federal officials ran afoul of the First Amendment.” The Biden Administration is expected to ask for a review by the Supreme Court.

“We’re happy to see the Court expand its injunction in addressing this unprecedented attack on the free speech of Americans,” said CHD President Mary Holland. “CISA has been the nerve center of the current administration’s efforts to silence its critics for the past three years. We welcome the potential for Supreme Court involvement in what history will one day view as a watershed First Amendment case.”


Children’s Health Defense® is a 501(c)(3) non-profit organization. Our mission is to end childhood health epidemics by working aggressively to eliminate harmful exposures, hold those responsible accountable and establish safeguards to prevent future harm. We fight corruption, mass surveillance and censorship that put profits before people as well as advocate for worldwide rights to health freedom and bodily autonomy.

To donate to CHD to support this and other ongoing lawsuits or for more information, visit ChildrensHealthDefense.org.

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