Can the Government Escape Accountability for Censorship?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss NCLA's appeal in Dressen v. Flaherty, a case challenging alleged government-induced censorship during the COVID-19 pandemic.

The plaintiffs include individuals who say they were censored after sharing their personal experiences with COVID-19 vaccine injuries or questioning official public health narratives. Casey explains why NCLA alleges that federal officials, working alongside outside organizations and social media platforms, pressured private companies to suppress constitutionally protected speech.

The discussion focuses on the district court's dismissal of the case on standing and personal jurisdiction grounds, despite detailed allegations drawn from thousands of pages of discovery produced in Missouri v. Biden. Casey explains why NCLA believes plaintiffs should at least be allowed to conduct discovery before their claims are dismissed, and why courts should not require impossible levels of proof at the pleading stage.

Mark, John, and Casey also examine the Fifth Circuit appeal, the role of the Stanford Internet Observatory and the Virality Project, Section 1985(3), and why this case could determine whether Americans have any meaningful judicial remedy when government officials allegedly pressure private platforms to censor speech.