July 2023
| NCLA scored a major victory, on Independence Day no less, when U.S. District Court Judge Terry Doughty granted a preliminary injunction prohibiting government officials from pressuring social media companies to censor free speech online. But in a strange turn of events, NCLA was censored on YouTube after posting our recent Lunch and Law discussion about the Missouri v. Biden censorship lawsuit. Ironic, right? Watch the censored video just below and keep reading to find out what else is happening at NCLA Now! |
| The Latest |
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| Video: NCLA Senior Litigator John Vecchione moderates a discussion between NCLA’s Zhonette Brown and John Sauer, Principal at James Otis Law Group, LLC |
| ???? WATCH: Lunch and Law | What Missouri v. Biden Means for Free Speech |
| NCLA recently held a Lunch and Law event discussing the latest developments in its Missouri v. Biden case against social media censorship and suppression. The dynamic discussion features NCLA attorneys John Vecchione and Zhonette Brown alongside former Missouri Solicitor General John Sauer, who now represents Louisiania in the case. As usual, NCLA posted a full video of the discussion on YouTube. Without warning, the platform removed the video for 24 hours and placed a strike on NCLA’s channel, falsely claiming it had violated Youtube’s “medical misinformation” guidelines. YouTube ultimately revoked the strike and restored the video. Watch video>> |
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| Video: NCLA’s lawsuit, Missouri v. Biden, exposes the government’s widespread censorship regime |
| Victory! Federal Judge Rules Biden Administration Cannot Censor Americans on Social Media |
| Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana has granted a preliminary injunction prohibiting multiple federal agencies and specific White House officials from pressuring or coordinating with social media companies to suppress constitutionally-protected speech. NCLA celebrates this major victory for its clients Drs. Jayanta Bhattacharya, Martin Kulldorff and Aaron Kheriaty, as well as Jill Hines in the case of Missouri, et al. v. Biden, et al. Read more>> |
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| Video: NCLA’s Mark Chenoweth presents comments at the Dept. of Education’s public hearing on student loan debt bailout efforts |
| NCLA President Speaks at Public Hearing Against Biden’s Unconstitutional Student Loan Debt Bailout Efforts |
| NCLA President and General Counsel Mark Chenoweth spoke before the U.S. Department of Education’s virtual public hearing regarding Biden’s student loan debt bailout efforts. NCLA has filed and supported several important cases against such unlawful abuse of power by the executive branch, including Cato Institute v. U.S. Department of Education, et al. and Mackinac Center for Public Policy v. U.S. Department of Education. Watch video>> |
| Cases to Watch |
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| Photo: The Biden Administration pressured social media companies to suppress protected speech online |
| NCLA Urges Appeals Court Not to Stay Injunction Barring Government Social Media Censorship |
| Federal government defendants in the case of Missouri, et al. v. Biden, et al. made a motion to stay a preliminary injunction that would prohibit specific federal agencies and White House officials from pressuring or coordinating with social media companies to suppress First Amendment-protected speech. NCLA has co-filed a brief calling for the U.S. Court of Appeals for the Fifth Circuit to let stand U.S. District Judge Terry Doughty’s preliminary injunction during the pendency of the federal defendants’ appeal, thereby protecting Americans’ free-speech rights to participate in social media. Read more>> |
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| Photo: The CFPB operates with an illegitimate funding method, completely circumventing Congressional control |
| Amicus Brief Urges Supreme Court to Strike Down CFPB’s Unconstitutional Funding Method |
| The Consumer Financial Protection Bureau operates with an illegitimate funding method, outside of direct Congressional control. NCLA has filed an amicus curiae brief joined by The Buckeye Institute and the Manhattan Institute for Policy Research in the case of CFPB, et al. v. Community Financial Services Association of America, Limited, et al., urging the Court to overturn CFPB’s funding method as a violation of the Constitution’s Appropriations Clause. Read more>> |
| Click here for more cases to watch. |
| Friends of the Court |
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| Photo: PredictIt is an online prediction market that offers exchanges on political and financial events |
| In NCLA Amicus Win, Fifth Circuit Blocks CFTC’s Abusive Policy Reversal Against PredictIt Market |
| The U.S. Court of Appeals for the Fifth Circuit has ruled that the Commodity Futures Trading Commission’s threatened crackdown on the PredictIt Market without clear explanation was “likely arbitrary and capricious.” The Court ordered the U.S. District Court for the Western District of Texas to grant a preliminary injunction against CFTC’s action in the case of Clarke v. CFTC. NCLA celebrates this ruling, having filed an amicus curiae brief asking the Fifth Circuit to stop CFTC’s unjust treatment of PredictIt. Read more>> |
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| Photo: Thurgood Marshall U.S. Courthouse building in New York City, NY |
| NCLA Asks Second Circuit Appeals Court to Uphold Decision Limiting Antitrust Liability |
| In a major March victory, Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York dismissed the In re Bystolic antitrust lawsuit, citing a powerful argument in NCLA’s district court amicus curiae brief joined by the International Center for Law and Economics. NCLA argued that an antitrust plaintiff seeking to prove that a patent owner has made a prohibited “large” payment to potential competitors must show it was a large net payment (the cash paid minus the value of services provided), not merely a large gross payment. Judge Liman cited the NCLA/ICLE amicus brief in his opinion. NCLA and ICLE partnered again this month in the case to file an amicus curiae brief at the U.S. Court of Appeals for the Second Circuit. Read more>> |
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| Photo: The Kansas law forces dog kennel owners to be available for government inspections at the drop of a hat or risk possible fines and losing their required license |
| Amicus Brief Asks Tenth Circuit to Overturn Intrusive Dog Kennel Inspection Regime |
| A Kansas state law egregiously authorizes warrantless searches of dog training and handling businesses and forces owners to be available for government inspections of their kennels at the drop of a hat or risk possible fines and losing their required license. NCLA has filed an amicus curiae brief with the U.S. Court of Appeals for the Tenth Circuit in the case of Johnson v. Smith, asking the Court to overturn this aspect of state law as an infringement on the Appellants’ Fourth Amendment rights “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Read more>> |
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| Photo: The rule requires fishing companies to pay for government monitoring of their herring catch |
| Amicus Brief Challenges Supreme Court to Deep-Six Chevron Deference and at-Sea Monitor Rule |
| NCLA has filed an amicus curiae brief calling on the U.S. Supreme Court to overturn its destructive Chevron precedent in Loper Bright Enterprises, et al. v. Gina Raimondo, et al. The brief also asks the Court to set aside a rule promulgated by the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service. The agencies’ Final Rule requires fishing companies to pay for government monitoring of their herring catch, but no statute authorizes the agencies to obtain funding from regulated parties. Read more>> |
| Click here for more amicus briefs to watch. |
| In the News |
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| Video: NCLA Litigation Counsel Sheng Li is interviewed by Newsmax on NCLA’s lawsuit against DPH for working with Google to install a Covid-tracking app on the phones of Mass. residents ???? Biden’s New Student Loan Forgiveness Plan Is Underway. 5 Key Takeaways From the First Day, USA TODAY ???? Former DC Circuit Judge Will Mediate Newman’s Challenge to Misconduct Probe, Law.com ???? Judge Terry Doughty Praised After Biden’s Social Media Ban: ‘Big Win’, Newsweek ???? Mark Chenoweth on Biden v. Nebraska, Iowa Politics with Jeff Stein ???? Federal Judge Rules Biden Administration Cannot Censor Americans on Social Media, The Chris Stigall Podcast |
| Click here for more media mentions. |
| Case Cartoon |
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| Permission granted to reprint with attribution |
| Picture this: you’re casually scrolling through the apps on your Android smartphone, when suddenly you spot something strange. It’s a COVID spyware app, installed by the Massachusetts Department of Health. You may think a tracking app to track you without your knowledge or permission is legal, but you’d be WRONG! Read more>> |
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