1/ BREAKING: Important update in our Missouri v. Biden case. The judge denied government defendants' motion to dismiss the case (except for claims against President, which are generally disfavored by the court). Upshot: the case will now move to trial.
2/ The court ruled that, contrary to the government's claims, we the plaintiffs (both the states of MO and LA and the private plaintiffs) have standing to bring the case: "The Court finds that the Plaintiffs have satisfied Article III’s standing requirements."
3/ The court ruled, "Because Plaintiffs have adequately alleged injury-in-fact, traceability, and redressability, Defendants’ Motion to Dismiss is DENIED on the grounds of Article III standing."
4/ As to the government's claim of sovereign immunity, the court found, "Sovereign Immunity does not bar Plaintiffs’ First Amendment claims... Defendants have ignored the basic principle that parties may seek to enjoin federal officials from violating the Constitution."
5/ In other words, the judge reminded the federal government that the U.S. Constitution remains the highest law of the land. Who would have thought?
6/ Furthermore, the ruling explained, "parties are entitled to sue for injunctive relief against federal officials in their official capacity for actions beyond their statutory authority." For these reasons, "Defendants’ Motion to Dismiss is DENIED on sovereign immunity grounds."
7/ Regarding the merits of our Complaint, "the Court finds that Plaintiffs have stated plausible claims on the merits in all counts of the Complaint."
8/ Crucially, "The Court finds that the Complaint alleges significant encouragement and coercion that converts the otherwise private conduct of censorship on social-media platforms into state action, and is unpersuaded by Defendants’ arguments to the contrary."
9/ "Further, while the Government may certainly select the messages it wishes to convey, this freedom is limited by the more fundamental principle that a government entity may not employ threats to limit the free speech of private citizens."
10/ "Accordingly, the Court finds that Plaintiffs have plausibly alleged state action under the theory of significant encouragement and/or coercion."
11/ "Plaintiffs have plausibly alleged joint action, entwinement, and/or that specific features of Defendants’ actions combined to create state action."
12/ "Combined with other factors such as the coercive statements and significant entwinement of federal officials and censorship decisions on social-media platforms... this serves as another basis for finding government action."
13/ "Because the Complaint alleges state action, Plaintiffs plausibly state a claim for violation of the 1st Amend. via government-induced censorship... Plaintiffs have plausibly alleged prior restraints and viewpoint discrimination, which are clear violations of the 1st Amend."
14/ The court explains, "The First Amendment, subject only to narrow and well-understood exceptions, does not countenance governmental control over the content of messages expressed by private individuals."
15/ The court found, "Plaintiffs have clearly and plausibly alleged that Defendants engaged in viewpoint discrimination and prior restraints."
16/ In conclusion, the judge ruled, "Because Plaintiffs have adequately alleged each claim in the Complaint, Defendants’ Motion to Dismiss is DENIED on Rule 12(b)(6) grounds."
17/ In summary, the court accepted virtually all of our arguments in the case and rejected virtually all of the government's counter-arguments.

As the case now moves to trial it is increasingly clear that this will be the most important free speech case of our generation.

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More from @akheriaty

Feb 27
1/ My first Chat GPT query: "What are the dangers of AI?"

Here's the response...
2/ "Artificial Intelligence (AI) is a powerful technology with many potential benefits, but there are also some potential dangers associated with its development and deployment. Some of the main dangers of AI include:
3/ "Job displacement: AI has the potential to automate many jobs currently performed by humans, which could lead to widespread unemployment and economic disruption.
Read 10 tweets
Feb 5
Chinese technology. Pay attention. mirror.co.uk/news/world-new…
“A swarm network is one in which large numbers of aerial robots directed by artificial intelligence can storm one common goal together.
“By using artificial intelligence it could launch a swarm of drones, which would be much harder to defend against, having it a specific mission.
Read 4 tweets
Feb 3
1/ Regarding our lawsuit challenging CA's medical censorship law, I appreciate this endorsement of our case by the editorial board of the @ocregister and @ladailynews: "Judge right to halt California’s unconstitutional medical ‘misinformation’ law" msn.com/en-us/news/oth…
2/ "The Fourteenth Amendment to the U.S. Constitution prohibits any state from denying due process of law to any person. That includes any law that is so vague that people can’t possibly determine what is prohibited by it.
3/ "The law defines 'misinformation' as 'false information that is contradicted by contemporary scientific consensus contrary to the standard of care.' The judge called that provision 'grammatically incoherent'...
Read 6 tweets
Feb 2
1/ Biomedical Security State, US Research University Edition: "Sprawling US intel project to improve long-distance biometrics on college campus" biometricupdate.com/202302/sprawli… via @BiometricUpdate
2/ "A face, gait and whole-body biometric recognition project begun in 2019 by U.S. national labs continues. Research teams across the nation are working on better ways to more accurately identify subjects outdoors and from a distance.
3/ "The project, known as BRIAR, or Biometric Recognition and Identification at Altitude and Range, is supposed to come up with better situational awareness for United States intelligence agencies and the military.
Read 6 tweets
Jan 26
1/ BREAKING: Judge just granted our request for a preliminary injunction against AB 2098--the gag order on physicians in CA--in our Hoeg v. Newsom lawsuit. This effectively halts the implementation of this terrible law while our case is being tried.
2/ The ruling bodes well for our case: it indicates that our arguments that this law is unconstitutional have strong pre-trial facial plausibility. Not to get ahead of ourselves, of course, or try to predict the final outcome of the case, but this is a very positive development.
3/3 So grateful to be a part of this superb and courageous team of doctors and lawyers fighting for medical freedom and informed consent in CA. @TracyBethHoeg @AzadehKhatibi Ram Dureseti, Pete Masolewski @JeninYounesEsq @LauraPowellEsq
Read 5 tweets
Jan 22
1/ The Global Biomedical Security State constantly perfects depersonalization and alienation, invading the most intimate aspects of your life and relationships.

Consider, for example, this physician's advice on sexual behavior written in 2020... tht.org.uk/news/how-have-…
2/ His "sexual health" recommendations include these dehumanizing bullets:

"You are your best sex partner: Masturbation, using sex toys and phone or cam sex are the safest options as they can be done without being in close proximity to anyone else."
3/ If you decide to take the risk of sexual intimacy with another person, the doctor advises, try to make the encounter as depersonalizing as possible:

"Not kissing, wearing a face mask during sex and favouring positions where you’re not face-to-face may also help..."
Read 4 tweets

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