Almost there, folks. We are on to Murthy, who they really want to depose. Strong language here:

"Exceptional circumstances exist to justify Murthy’s deposition because he has firsthand knowledge of information that is crucial to Plaintiffs’ claims and that is not reasonably available through alternative means. The Court should enter an order articulating the sound factual basis for its conclusion that Murthy’s deposition is justified given the circumstances"

@TracyBeanzOfficial

Murthy had accused Facebook of "killing people" by not more stringently censoring what they consider "coronavirus misinformation"

(Beanz note: I like to call that LIFESAVING TRUTH, but I digress)

"President Biden had (also) accused Facebook of exactly that “by allowing disinformation about the coronavirus vaccine to spread online,” Kanno-Youngs, “They’re Killing People”.

Facebook didn't like the tone, and scolded them.

@TracyBeanzOfficial

And, of course, Facebook acquiesced.

A subsequent email from Clegg began, “Thanks again for taking the time to meet earlier today.” Doc. 86-5, at 15. Clegg proceeded to summarize the steps Facebook was taking “to adjust policies on what we are removing with respect to misinformation,” including deplatforming the “disinfo dozen” and “expand[ing] the group of false claims that we remove.”


"The Disinfo dozen" were a group of journalists and doctors singled out for trying to save lives. Terrible the way they were targeted by name. Justice for the brave doctors and media who did something to save people when our Surgeon General was doing the opposite.

Clegg continued: “We hear your call for us to do more and, as I said on the call, we’re committed to working together . . . . You have identified 4 specific recommendations for improvement and we want to make sure to keep you informed of our work on each.”

@TracyBeanzOfficial

"Needless to say, the direct involvement of the U.S. Surgeon General in this federal-private censorship project to suppress dissenting views about COVID-19 on social media raises questions of grave First Amendment concern. Uncovering the extent of Murthy’s involvement in the Virality Project is crucial to Plaintiffs’ claims. But Murthy’s responses to Plaintiffs’ written discovery requests do not shed any light on this involvement"

@TracyBeanzOfficial

And now moving on to Psaki, who has been the subject of a lot of my coverage on this case lately. Believe it or not, this is one of the more frustrating ones in my opinion.

As Plaintiffs say, Defendants are playing a game of "heads I win; tails you lose". When Plaintiffs tried to get information from elsewhere the government claimed it didn't know because she didn't work there anymore, and now are trying to say SHE can't answer either.

@TracyBeanzOfficial

Just some of her nonsense (we have discussed this previously)

@TracyBeanzOfficial

And here are the threats they wont be able to get past in their motion to dismiss. They REALLY DO NOT want her to testify.

@TracyBeanzOfficial.

And here they detail the threat-- this is KEY.

If they are threatening social media companies, it isn't just "guidance" and "suggestion" it's coercion using government threat of action, and that makes this case wholly actionable.

@TracyBeanzOfficial

The media also took that from the statement, as they followed up with a question and Psaki gave here typical "Peppermint Commie" answer.

@TracyBeanzOfficial

One last part here on pausing the discovery while the motion to dismiss is considered, and it's really a super strong argument.

Defendants delayed filing, and have participated so far without trying to stop anything. When they petitioned the 5th circuit, they only challenged the decision on the depositions, not any expedited discovery etc.

@TracyBeanzOfficial

Every single day this goes on, we suffer irreparable harm. They give examples of recent actions that platforms have been taking, including on childhood vaccination.

@TracyBeanzOfficial

On October 31, 2022, The Intercept reported that it had obtained a leaked “draft copy of DHS’s Quadrennial Homeland Security Review, DHS’s capstone report outlining the department’s strategy and priorities in the coming years,” which indicated that “[DHS] plans to target ‘inaccurate information’ on a wide range of topics, including ‘the origins of the COVID-19 pandemic and the efficacy of COVID-19 vaccines, racial justice, U.S. withdrawal from Afghanistan, and the nature of U.S. support to Ukraine.

@TracyBeanzOfficial

It's a government gone rogue, kids, with no sign of stopping and an ever-broadening range of "disfavored" thoughts to censor. When will it end?

I think it will end with this judge, in this case. But only time will tell.

Of course, I will continue to follow and report on this, which may be the most important free speech case in history, for you every time something new hits.

@TracyBeanzOfficial

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@TracyBeanzOfficial