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KENNEDY v. WARREN

No. 22-35457.

66 F.4th 1199 (2023)

Robert F. KENNEDY, Jr., a citizen of New York; Joseph Mercola, MD, a citizen of Florida; Ronald Cummins, a citizen of Minnesota; Chelsea Green Publishing, Inc., a Vermont corporation, Plaintiffs-Appellants, v. Elizabeth WARREN, Senator, United States of America, in official and in personal capacity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2023.

Attorney(s) appearing for the Case

Jed Rubenfeld (argued), New Haven, Connecticut; Nathan J. Arnold and R. Bruce Johnson , Arnold & Jacobowitz PLLC, Redmond, Washington; for Plaintiffs-Appellants.

Sarah J. Clark (argued) and Michael S. Raab , Appellate Staff Attorneys; Nicholas W. Brown , United States Attorney; Brian M. Boynton , Principal Deputy Assistant Attorney General; United States Department of Justice; Washington, D.C.; William B. Stafford (argued) and Lindsay McAleer , Elias Law Group LLP, Seattle, Washington; Elisabeth C. Frost and Melinda K. Johnson , Elias Law Group LLP, Washington, D.C.; for Defendant-Appellee.

Concurrence by Judge Bennett

OPINION

The plaintiffs in this case are the authors and publisher of a book titled The Truth About COVID-19: Exposing the Great Reset, Lockdowns, Vaccine Passports, and the New Normal. They argue that Senator Elizabeth Warren crossed a constitutional line dividing persuasion from intimidation when she sent...

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