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Appellate Court to White House: You Have Violated 1st Amendment

Published On: September 10, 2023|
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⭐️A BIG WIN AGAINST CENSORSHIP ⭐️

Late Friday, a three-judge panel of the The U.S. Court of Appeals for the Fifth Circuit in New Orleans, mostly upheld a lower court’s preliminary injunction in The State of Missouri et al v Joseph R. Biden, Jr., et al.

The complaint alleged that the U.S. government was not only threatening and coercing social media companies to censor Americans on social media, but they were also working with social media companies to accomplish that goal.

Judges Edith Clement, Jennifer Elrod, and Don Willett held that the federal government violated the First Amendment by causing social media platforms to block posts on various topics:***

“We find that the White House, acting in concert with the Surgeon General’s office, likely (1) coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences, and (2) significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”

While the ruling enjoined the White House, the Surgeon General, Centers for Disease Control (CDC), and the FBI, it also removed also some agencies from the order. These included the National Institute of Allergy and Infectious Diseases (NIAID), the Cybersecurity and Infrastructure Agency and the State Department. The judges ruled that those agencies were “permissibly exercising government speech.”

“In the end, this is a big win against censorship because it upholds the tenets of free speech as specified in the First Amendment,” said Dr. Pierre Kory, FLCCC chief medical officer and Dr. Paul Marik, FLCCC chief scientific officer. “We believe the social media censorship experienced by the FLCCC has cost tens of thousands of people their lives. Users of social media were essentially blinded to the rigorous science supporting proven therapeutics for COVID-19 disease. The strong-armed tactics of the federal government were what ultimately doomed the lives of so many. In this case, as in others, censorship had fatal consequences.”

*** These were the same judges who, last week, reversed and remanded a lower court ruling dismissing the suit of three doctors suing the FDA for damages resulting from its public campaign against ivermectin—exceeding its authority.


The New York Times has published a guide called “Vaccines for Fall” which includes a listing of vaccines and treatments that purport to reduce risks from all major viruses—including COVID, flu and RSV.

Though COVID cases are rising in America, the Times writes that, “the good news is that there are vaccines and treatments that reduce risks from all major viruses likely to circulate this season.”

Is this really good news?

A review of the Times’ guide in The Defender cautions that “None of these experts in the Times’ article addressed any of the potential safety risks posed by these vaccines.”

In the Defender article, our Dr. Pierre Kory goes even further. “We simply do not know enough about the COVID-19 vaccines to make such broad recommendations,” he said. “Additionally, COVID-19 is highly treatable in children and poses very little risk to a healthy child.”

Nirav Shah, M.D., J.D., principal deputy director of the Centers for Disease Control and Prevention (CDC) recommended that Americans receive the trio of shots for COVID, RSV and the flu. Then he said this: “Do you want to see your grandpa … [and] grandma? Are you really sure you’re not going to give COVID to them?”

Dr. Kory responded to Shah’s guilt-shaming ploy, saying “There is so little data available on the safety of the COVID-19 vaccine in children that to give blanket recommendations like Shah is doing creates an unnecessary risk to children’s health.”


Last week’s FLCCC Weekly Webinar is an absolute must-watch for everyone.

Drs. Pierre Kory, Paul Marik and Joe Varon joined host Betsy Ashton for a detailed review of the FLCCC’s latest protocol, Sepsis Care: A Guide to Inpatient and Outpatient Treatment.

The doctors discussed how to best manage treatment and recovery. Sepsis is a life-threatening medical condition that occurs when an infection triggers an extreme response in the body. Sepsis is related to more than 1 in 5 deaths globally.

It is estimated that annually:

• At least 1.7 million American adults develop sepsis.

• At least 350,000 adults who develop sepsis die during hospitalization or are discharged to hospice.

• 30% of patients who die in hospitals had sepsis during their hospital stay.

WATCH & SHARE!


Our Dr. Paul Marik wants you to know how important Vitamin D is to your health.

In a new interview, Dr. Marik said, “I think everyone on the planet should take vitamin D. There’s a linear relationship between vitamin D deficiency and cancer. And the further you go away from the equator, the less UVB you get from the sun, the greater your risk of cancer. This has been well established.”

He also shared that there is ample science to support the need for everyone to ensure that their Vitamin D levels are within healthy range.

“There is really good data, really good data…that if you take vitamin D, it prevents cancer.” Dr. Marik explains how a daily regimen of taking Vitamin D, fish oil, and a simple exercise program could reduce your risk of cancer by 60%.

Dr. Marik also shared that Vitamin D provides additional health benefits. “Did you know vitamin D is highly effective for the treatment of depression?” Dr. Marik asked. “It’s also very important for the immune system and can reduce the risk of many diseases.” SO good to know!


This is Rebecca Charles’s account of her daughter Danielle’s treatment when she was hospitalized for COVID.

It isn’t misinformation. It’s simply a report by Rebecca about Danielle’s experience.

”My daughter was abused, neglected and betrayed by the hospital system. They tortured her. And finally, they killed her. Now, I know they were delaying my daughter lifesaving treatment because they needed to make the most money. Danielle was worth more dead than alive.”


Here is another expert review of emerging science by our Dr. Been!

In this episode of Long (COVID) Story Short, Dr. Been says that although data for hypertension after COVID vaccination is mixed, overall there does seem to be an increase in the number of people experiencing high blood pressure. This can also occur after acute COVID infection. Important information for everyone.


By now, most of you have read about last week’s “Reverse and Remand” order from a federal appeals court in a now landmark case against the FDA brought by Drs. Robert L. Apter, Mary Talley Bowden and our own Paul E. Marik.

The doctors contended that their reputations and livelihoods were harmed by the FDA’s public campaign against ivermectin, and filed the appeal after the initial complaint was dismissed by a lower court last year.

A date for the start of the trial has not yet been set, but from the jump, Kevin McGill, writing for the AP, reported the story by including well-worn, tired tropes about ivermectin that simply are not true.

He writes: “The FDA has not approved ivermectin as a COVID-19 treatment because studies have not proven it is effective.”

That is a patently false statement.

Clearly, Mr. McGill, you either copied and pasted that line from the many previous reports filed by journalists in captured major media; or worse, you did not bother to do a reporter’s homework to learn for yourself that the statement you wrote is not true.

Consider:

From the amicus brief by FLCCC attorney Alan Dumoff sent to the appellate court:

“Because the FDA does not have the statutory authority to dictate how doctors can practice medicine, even regarding off-label use of drugs, and failed to follow its own regulatory scheme before issuing either a drug warning or ruling on a new indication, its effort to do so was without authority. An “ultra vires” action through which the FDA ‘exceeded the authority granted to it by Congress, and its action cannot stand.’”

The appellate court agreed, saying, “The FDA does not restrict physicians from prescribing an otherwise FDA-approved drug for an off-label use.”

Ironically, the war against ivermectin began in earnest with Mr. McGill’s AP colleague, Beatrice DuPuy, who interviewed Dr. Kory just after his December 8, 2020 testimony at the senate hearing about ivermectin. In her story (which has been taken down), she completely disregarded the robust evidence which Dr. Kory presented to her during the interview. (Then, DuPuy was a “fact-checker” for the AP. In this instance, she acted as a “fact-wrecker.”)

Wrote DuPuy:  “There’s no evidence ivermectin has been proven a safe or effective treatment against COVID-19.”

The FLCCC preserved a screen shot from DuPuy’s 2020 story — which is no longer online.
The FLCCC quickly dispatched a complaint to AP executives, asking for an urgent retraction and immediate correction of the story.

Dr. Kory wrote to John Daniszewski, the AP’s Vice President and Editor at Large for Standards at the Associated Press:

“Ms. Dupuy’s recklessly inaccurate words were disseminated worldwide, and the FLCCC is now on the receiving end of undeserved ridicule and dismissals in public discourse. The ripple effect of her refusal to cite even a single word of the irrefutable science in our manuscript, and her pronouncement that “there’s no evidence ivermectin has been proven a safe or effective treatment against COVID-19”, is that more people will be consigned to unnecessary death. Please understand why we are asking you to act with such urgency: Our doctors are forced to witness and hear about these tortuous deaths from suffocation daily in ICUs throughout this country and many others, while knowing that an effective preventive and therapeutic agent has already been identified.”

Tragically, Dr. Kory’s prediction was correct. Untold tens of thousands in America died for want/need of ivermectin. The AP never retracted its story despite the science they were sent. (We wonder if Mr. Daniszewski ever saw this or this or this.)

Though the kicking of the case back to federal court for trial is a “win” of sorts in the war against government-sponsored misinformation, the fight rages on. Once this trial commences in federal court, it will likely receive widespread media coverage.  Please watch the stories on this closely as they come in, and let us know what you are seeing. Remember, the issue in this case is not only ivermectin; it’s really the ability of doctors to have the freedom to prescribe the medications they believe are best for each of their patients.

The FDA is not your physician, nor should it ever be—though it thinks it belongs in the examination room with you and your doctor. They do have a lane—but being your prescriber is veering way, way out of it. —JK


As soon as COVID symptoms hit, she immediately started taking ivermectin. Her doctor had her take it for 10 days.

You know this ends happily…right? Watch this MyStory HERE.


The FLCCC & YOU: We ARE the disrupters.

You see, while our government, public health agencies, and the pharmaceutical industry seem determined to keep citizens sick and uninformed, the FLCCC is dedicated solely to your health and well-being. Thanks to your partnership these past 3 years, we have been able to grow and expand our influence so that today, we are ALL disruptors of a system that is irretrievably broken.

Please join us, fellow dissidents, on a journey over the next two weeks, as we highlight the disruptors in our midst and celebrate their contributions to health and medical freedom. Make a gift in their honor, and help us continue to rattle the cages and ensure that people around the world have access to the information, education, and resources they need to be healthy, happy, and free.

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