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Dressen v. Flaherty

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CASE: Dressen, et al. v. Flaherty, et al.

STATUS: Active

NCLA ROLE: Counsel

COURTS HEARD IN: N.D. Tex.

ORIGINAL COURT: U.S. District Court for the Southern District of Texas

DECIDING COURT: U.S. District Court for the Southern District of Texas

OPENED: May 23, 2023

AGENCIES: Centers for Disease Control | Department of Health and Human Services | President of the United States

FOCUS AREAS:

Scope of Authority / Nondelegation

The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

Administrative Speech Controls

The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

CASE SUMMARY

NCLA is challenging the federal government’s efforts to work in concert with social media companies and the Stanford Internet Observatory’s Virality Project to monitor and censor online support groups catering to those injured by COVID-19 vaccines. This sprawling censorship enterprise has combined the efforts of numerous federal agencies and government actors—including within the White House—to coerce and induce social media platforms to censor, suppress, and label as “misinformation” speech expressed by those who have suffered vaccine-related injuries.This state action is unlawful, and the government Defendants in this case must not be allowed to censor such free speech and free association.

NCLA represents Brianne Dressen, Shaun Barcavage, Kristi Dobbs, Nikki Holland, Suzanna Newell and Ernest Ramirez. All but Mr. Ramirez have suffered vaccine-related injuries. To be clear, these Plaintiffs are not anti-vaxxers. Ms. Dressen, for example, was injured by the AstraZeneca vaccine after she volunteered to participate in vaccine trials for that vaccine. Mr. Ramirez received a Moderna vaccine himself without incident but then lost his 16-year-old son to vaccine-induced cardiac arrest five days after Ernest, Jr. received the Pfizer vaccine. The First Amendment forbids Defendants from suppressing the speech and association rights of innocent victims who are just seeking to commiserate with other sufferers.

OUR CLIENT

Plaintiff Ernest Ramirez and his son, Ernesto, who collapsed and died 5 days after receiving the Covid-19 vaccine. He is joined in bringing this suit by Bri Dressen, Shaun Barcavage, Suzanna Newell, Nikki Holland, and Kristi Dobbs, each of whom has their own story of being silenced.

OUR TEAM

Jenin Younes
Litigation Counsel
Casey Norman
Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

First Amended Complaint

September 12, 2024 | Read More

Plaintiffs' Response in Opposition to Defendants' Motion to Stay

August 25, 2023 | Read More

Complaint for Declaratory and Injunctive Relief

May 22, 2023 | Read More

PRESS RELEASES

WATCH: Government Censors Victims of Covid Vaccine Injuries. NCLA is Fighting Back.

December 17, 2024 | Read More

NCLA Suit Demands End to Gov’t Censorship of Support Groups for Victims of Covid Vaccine Injuries

September 13, 2024 | Read More

NCLA Challenges Government’s Censorship of Support Groups for Victims of Covid Vaccine Injuries

May 22, 2023 | Read More

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