This case was last updated from U.S. District Courts on 03/25/2023 at 11:09:12 (UTC).

Missouri et al v. Biden et al

Case Summary

On May 5, 2022, the State of Missouri and the State of Louisiana (together, “Plaintiffs”), represented by Elizabeth B. Murrill of the Louisiana Attorney General's Office, filed a civil action against Joseph R. Biden, Jr.; Jennifer Rene Psaki; Vivek H. Murthy; Xavier Becerra; the Department of Health and Human Services (HHS); and Ors (collectively, “Defendants”), seeking declaratory and injunctive relief, among other reliefs, for the Defendants’ alleged creation of a “Disinformation Governance Board” within the Department of Homeland Security which violates the fundamental right of free speech and free discourse for virtually all citizens in Missouri, Louisiana, and America, both on social media and elsewhere. This case was filed in U.S. District Court in the Western District of Louisiana with Judge Terry A. Doughty and Judge Kayla D. McClusky presiding. 

In the complaint, Plaintiffs alleged that, “Defendants’ campaign of censorship has culminated in the recent announcement of the creation of a “Disinformation Governance Board '' within the Department of Homeland Security. “Our constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth.” United States v. Alvarez, 567 U.S. 709, 728 (2012) (plurality op.). Likewise, our constitutional tradition stands against the idea that we need a “Disinformation Governance Board” within our federal domestic-security apparatus.”

The Plaintiffs further alleged that, “On information and belief, the immunity provided by Section 230 of the CDA directly contributed to the rise of a small number of extremely powerful social-media platforms, who have now turned into a “censorship cartel.” The liability provided by the federal government artificially subsidized, fostered, and encouraged the viewpoint and content-based censorship policies that those platforms have adopted at Defendants’ urging.”

The Plaintiffs also alleged that, “As a direct result of these actions, there has been an unprecedented rise of censorship and suppression of free speech—including core political speech—on social-media platforms. Not just fringe views, but perfectly legitimate, responsible viewpoints and speakers have been unlawfully and unconstitutionally silenced in the modern public square. These actions gravely threaten the fundamental right of free speech and free discourse for virtually all citizens in Missouri, Louisiana, and America, both on social media and elsewhere.”

The Plaintiffs then alleged that, “Thus, Defendants’ conduct alleged herein has created, with extraordinary efficacy, a situation where Americans seeking to exercise their core free-speech right to criticize the President of the United States are subject to aggressive prior restraint by private companies acting at the bidding of government officials. This situation is intolerable under the First Amendment.”

The Plaintiffs have laid down four claims for relief. The first claim alleged is for violation of the First Amendment, the second claim alleged is for an action in excess of statutory authority, the third claim alleged is against the HHS Defendants for the alleged violation of the Administrative Procedure Act and the last claim alleged is against the DHS Defendants for the alleged violation of the Administrative Procedure Act

In their prayer for relief, the Plaintiffs requested that the Court declare that the Defendants’ conduct violates the First Amendment of the U.S. Constitution; declare that the Defendants’ conduct is ultra vires and exceeds their statutory authority; and also declare that the Defendants’ conduct violates the Administrative Procedure Act and is unlawful, and vacate and set aside such conduct and also grant injunctive relief against the Defendants from continuing to engage in the unlawful conduct alleged herein. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-01213

  • Filing Date:

    05/05/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Administrative Procedure Act

Judge Details

Presiding Judge

Terry A Doughty

Referral Judge

Kayla D McClusky

 

Party Details

Plaintiffs

State of Missouri

State of Louisiana

Aaron Kheriaty

Defendants

Joseph R Biden, Jr

Jennifer Rene Psaki

Xavier Becerra

Dept of Health & Human Services

Centers for Disease Control & Prevention

Alejandro Mayorkas

Dept of Homeland Security

Jen Easterly

Cybersecurity & Infrastructure Security Agency

Nina Jankowicz

Vivek H Murthy

Anthony Fauci

National Institute of Allergy & Infectious Diseases

65 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Charles F Capps

Attorney at Attorney General of MO (Olive St)

815 Olive St Ste 200

St. Louis, MO 63101

Joshua M Divine

Attorney at Attorney General of MO

207 W High St

Jefferson City, MO 65101

Michael E Talent

Attorney at Attorney General of MO

P O Box 899

Jefferson City, MO 65102

Kenneth C Capps

Attorney at Attorney General of MO

207 W High St

Jefferson City, MO 65101

Todd Scott

Attorney at Attorney General of MO

P O Box 899

Jefferson City, MO 65102

Elizabeth Baker Murrill

Attorney at LA Atty Generals Office (94005)

P O Box 94005

Baton Rouge, LA 70804-9005

Tracy L Short

Attorney at LA Atty General's Office (BR)

1885 N 3Rd St

Baton Rouge, LA 70802

Jenin Younes

Attorney at New Civil Liberties Alliance

1225 19Th S N W Ste 450

Washington, DC 20036

John J Vecchione

Attorney at New Civil Liberties Alliance

1225 19Th S N W Ste 450

Washington, DC 20036

Defendant Attorneys

Amanda Chuzi

Attorney at U S Dept of Justice (L St)

1100 L Street Nw

Washington, DC 20005

Indraneel Sur

Attorney at U S Dept of Justice (L St)

1100 L Street Nw

Washington, DC 20005

Joshua E Gardner

Attorney at U S Dept of Justice (L St/12200)

1100 L St N W Ste 12200

Washington, DC 20530

Kuntal Cholera

Attorney at U S Dept of Justice (L St/12306)

1100 L St N W Ste 12306

Washington, DC 20005

Kyla Snow

Attorney at U S Dept of Justice (L St)

1100 L Street Nw

Washington, DC 20005

Adam Kirschner

Attorney at U S Dept of Justice (L St)

1100 L Street Nw

Washington, DC 20005

Other Attorneys

Glynn Shelly Maturin, II

Attorney at Law Office of G Shelly Maturin

322 Heymann Blvd Ste 1

Lafayette, LA 70503

 

Court Documents

#230

(#230) ORDER granting #226 Motion to Withdraw as Attorney. Attorney Michael E Talent terminated. Signed by Magistrate Judge Kayla D McClusky on 3/22/2023. (crt,Leday, A) (Entered: 03/22/2023)

#229

(#229) NOTICE of Motion Setting regarding: #227 MOTION to Amend/Correct #84 Amended Complaint, with opposition and for Class Certification. Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 4/11/2023 (crt,Chavis, J) (Entered: 03/21/2023)

227 #9

Exhibit 8 Hines

227 #8

Exhibit 7 Hoft Decl.

227 #3

Exhibit 2 Vecchione Decl.

#227

(#227) MOTION to Amend/Correct #84 Amended Complaint, with opposition and for Class Certification by Jayanta Bhattacharya, Jill Hines, Jim Hoft, Aaron Kheriaty, Martin Kulldorff, State of Louisiana, State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/20/2023. (Attachments: #1 Memorandum / Brief Memorandum in Support of Motion for Leave to Amend and for Class Certification, #2 Exhibit 1 CISA Flagging Emails, #3 Exhibit 2 Vecchione Decl., #4 Exhibit 3 Burns Decl., #5 Exhibit 4 Bhattacharya Decl., #6 Exhibit 5 Kulldorff Decl., #7 Exhibit 6 Kheriaty Decl., #8 Exhibit 7 Hoft Decl., #9 Exhibit 8 Hines, #10 Proposed pleading Proposed Third Amended Complaint, #11 Proposed order)(Attorney Charles F Capps added to party Jayanta Bhattacharya(pty:pla), Attorney Charles F Capps added to party Jill Hines(pty:pla), Attorney Charles F Capps added to party Jim Hoft(pty:pla), Attorney Charles F Capps added to party Aaron Kheriaty(pty:pla), Attorney Charles F Capps added to party Martin Kulldorff(pty:pla), Attorney Charles F Capps added to party State of Louisiana(pty:pla))(aty,Capps, Charles) (Entered: 03/20/2023)

226 #1

Proposed order

#226

(#226) MOTION to Withdraw Michael E. Talent as Attorney by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/20/2023. (Attachments: #1 Proposed order)(aty,Murrill, Elizabeth) (Entered: 03/20/2023)

84 #1

Exhibit P

#8

(#8) ORDER granting #6 Motion to Appear Pro Hac Vice for appearance of Michael Talent for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A) (Entered: 06/02/2022)

#7

(#7) ORDER granting #5 Motion to Appear Pro Hac Vice for appearance of D John Sauer for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A) (Entered: 06/02/2022)

#4

(#4) SUMMONS REISSUED as to Joseph R Biden, Jr. (crt,Thomas, T) (Entered: 05/27/2022)

#3

(#3) SUMMONS ISSUED as to Cybersecurity & Infrastructure Security Agency. (crt,Thomas, T) (Entered: 05/06/2022)

#2

(#2) SUMMONS ISSUED as to U S Attorney, U S Attorney General, Joseph R Biden, Jr, Jennifer Rene Psaki, Vivek H. Murthy, Xavier Becerra, Dept of Health & Human Services, Dr. Anthony Fauci, National Institute of Allergy and Infectious Diseases, Centers for Disease Control & Prevention, Alejandro Mayorkas, Dept of Homeland Security, Jen Easterly, Jen Easterly, Nina Jankowicz. (crt,Thomas, T) (Entered: 05/05/2022)

1 #1

Civil cover sheet

#1

(#1) COMPLAINT against All Defendants (Filing fee $402, receipt number ALAWDC-5093842) filed by State of Louisiana, State of Missouri. (Attachments: #1 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Louisiana(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Missouri(pty:pla))(aty,Murrill, Elizabeth) (Entered: 05/05/2022)

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Docket Entries

  • 03/22/2023
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  • Docket(#230) ORDER granting #226 Motion to Withdraw as Attorney. Attorney Michael E Talent terminated. Signed by Magistrate Judge Kayla D McClusky on 3/22/2023. (crt,Leday, A) (Entered: 03/22/2023)

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  • 03/21/2023
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  • Docket(#229) NOTICE of Motion Setting regarding: #227 MOTION to Amend/Correct #84 Amended Complaint, with opposition and for Class Certification. Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 4/11/2023 (crt,Chavis, J) (Entered: 03/21/2023)

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  • 03/21/2023
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  • Docket(#228) ELECTRONIC MINUTE ENTRY: Oral Argument as to #10 MOTION for Preliminary Injunction filed by State of Louisiana, State of Missouri reset for 5/26/2023 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Signed by Judge Terry A Doughty on 3/21/2023. (crt,Crawford, A) (Entered: 03/21/2023)

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  • 03/20/2023
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  • Docket(#227) MOTION to Amend/Correct #84 Amended Complaint, with opposition and for Class Certification by Jayanta Bhattacharya, Jill Hines, Jim Hoft, Aaron Kheriaty, Martin Kulldorff, State of Louisiana, State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/20/2023. (Attachments: #1 Memorandum / Brief Memorandum in Support of Motion for Leave to Amend and for Class Certification, #2 Exhibit 1 CISA Flagging Emails, #3 Exhibit 2 Vecchione Decl., #4 Exhibit 3 Burns Decl., #5 Exhibit 4 Bhattacharya Decl., #6 Exhibit 5 Kulldorff Decl., #7 Exhibit 6 Kheriaty Decl., #8 Exhibit 7 Hoft Decl., #9 Exhibit 8 Hines, #10 Proposed pleading Proposed Third Amended Complaint, #11 Proposed order)(Attorney Charles F Capps added to party Jayanta Bhattacharya(pty:pla), Attorney Charles F Capps added to party Jill Hines(pty:pla), Attorney Charles F Capps added to party Jim Hoft(pty:pla), Attorney Charles F Capps added to party Aaron Kheriaty(pty:pla), Attorney Charles F Capps added to party Martin Kulldorff(pty:pla), Attorney Charles F Capps added to party State of Louisiana(pty:pla))(aty,Capps, Charles) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#226) MOTION to Withdraw Michael E. Talent as Attorney by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/20/2023. (Attachments: #1 Proposed order)(aty,Murrill, Elizabeth) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#225) ORDER granting in part and denying in part #128 Motion to Dismiss. Signed by Judge Terry A Doughty on 3/20/2023. (crt,Crawford, A) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#224) MEMORANDUM RULING re #128 MOTION to Dismiss. Signed by Judge Terry A Doughty on 3/20/2023. (crt,Crawford, A) (Entered: 03/20/2023)

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  • 03/15/2023
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  • DocketSet/Reset Deadlines as to #10 MOTION for Preliminary Injunction . Responses due by 4/25/2023. Oral Argument will be held on 5/12/2023 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. (crt,Crawford, A) (Entered: 03/15/2023)

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  • 03/15/2023
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  • Docket(#223) MEMORANDUM ORDER denying #219 Motion to Strike Plaintiffs' Proposed Findings of Fact attached to #214 Memorandum in Support of Motion for Preliminary Injunction; granting in part defendants request for extension of time to respond to #214 Memorandum in Support of #10 Motion for Preliminary Injunction. Defendants shall respond by 4/25/23 and Plaintiffs may reply fifteen days thereafter. It Is Further Ordered that oral arguments will be held on 5/12/23 at 9:00 a.m. in Monroe, Second Floor Courtroom. Signed by Judge Terry A Doughty on 3/15/2023. (crt,Crawford, A) (Entered: 03/15/2023)

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  • 03/14/2023
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  • Docket(#222) REPLY to Response to Motion re #219 MOTION to Strike Plaintiffs' Proposed Findings of Fact or in the Alternative, for Other Appropriate Relief filed by Wally Adeyemo, Xavier Becerra, Joseph R Biden, Jr, Leah Bray, Yolanda Byrd, U S Census Bureau, Elvis M Chan, Subhan Cheema, Christy Choi, U S Dept of Commerce, Carol Crawford, Cybersecurity & Infrastructure Security Agency, Laura Dehmlow, Jay Dempsey, Centers for Disease Control & Prevention, Jen Easterly, U S Election Assistance Commission, Anthony Fauci, Federal Bureau of Investigation, Rob Flaherty, U S Food & Drug Administration, Alexis Frisbie, Kate Galatas, Kristin Galemore, Geoffrey Hale, Dept of Health & Human Services, Dept of Homeland Security, Mina Hsiang, Clarke Humphrey, Nina Jankowicz, Karine Jean-Pierre, Erica Jefferson, U S Dept of Justice, Brad Kimberly, Daniel Kimmage, Tericka Lambert, Timothy W Manning, Matthew Masterson, Alejandro Mayorkas, Gina McCarthy, Lorena Molina-Irizarry, Janell Muhammed, Michael Murray, Vivek H Murthy, Kristen Muthig, National Institute of Allergy & Infectious Diseases, Joshua Peck, Lauren Protentis, Jennifer Rene Psaki, Dana Remus, Mark A Robbins, Laura Rosenberger, Courtney Rowe, Dori Salcido, Zachary Henry Schwartz, Brian Scully, Aisha Shah, Jennifer Shopkorn, Robert Silvers, Andrew Slavitt, Allison Snell, U S Dept of State, Samaruddin K Stewart, U S Dept of Treasury, Samantha Vinograd, Benjamin Wakana, Eric Waldo, Kim Wyman. (aty,Snow, Kyla) (Entered: 03/14/2023)

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248 More Docket Entries
  • 06/03/2022
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  • Docket(#9) AFFIDAVIT of Service for Summons and Complaint served on Joseph R. Biden, Jr., in his official capacity as President of the United States, et al. on May 10, 2022 and May 27, 2022, filed by State of Missouri. (Attachments: #1 Exhibit 1)(aty,Sauer, Dean) (Entered: 06/03/2022)

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  • 06/02/2022
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  • Docket(#8) ORDER granting #6 Motion to Appear Pro Hac Vice for appearance of Michael Talent for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A) (Entered: 06/02/2022)

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  • 06/02/2022
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  • Docket(#7) ORDER granting #5 Motion to Appear Pro Hac Vice for appearance of D John Sauer for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A) (Entered: 06/02/2022)

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  • 06/01/2022
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  • Docket(#6) MOTION for Michael Talent to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124394) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

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  • 06/01/2022
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  • Docket(#5) MOTION for D. John Sauer to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124378) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2022. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

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  • 05/27/2022
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  • Docket(#4) SUMMONS REISSUED as to Joseph R Biden, Jr. (crt,Thomas, T) (Entered: 05/27/2022)

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  • 05/06/2022
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  • Docket(#3) SUMMONS ISSUED as to Cybersecurity & Infrastructure Security Agency. (crt,Thomas, T) (Entered: 05/06/2022)

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  • 05/05/2022
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  • Docket(#2) SUMMONS ISSUED as to U S Attorney, U S Attorney General, Joseph R Biden, Jr, Jennifer Rene Psaki, Vivek H. Murthy, Xavier Becerra, Dept of Health & Human Services, Dr. Anthony Fauci, National Institute of Allergy and Infectious Diseases, Centers for Disease Control & Prevention, Alejandro Mayorkas, Dept of Homeland Security, Jen Easterly, Jen Easterly, Nina Jankowicz. (crt,Thomas, T) (Entered: 05/05/2022)

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  • 05/05/2022

  • DocketCASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Thomas, T) (Entered: 05/05/2022)

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  • 05/05/2022
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  • Docket(#1) COMPLAINT against All Defendants (Filing fee $402, receipt number ALAWDC-5093842) filed by State of Louisiana, State of Missouri. (Attachments: #1 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Louisiana(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Missouri(pty:pla))(aty,Murrill, Elizabeth) (Entered: 05/05/2022)

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