CHANGIZI v. DEPARTMENT OF HEALTH & HUMAN SERVICES

No. 22-3573.

82 F.4th 492 (2023)

Mark CHANGIZI; Michael P. Senger; Daniel Kotzin, Plaintiffs-Appellants, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES; Vivek Murthy, in his official capacity as U.S. Surgeon General; Xavier Becerra, in his official capacity as Secretary of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 14, 2023.


Attorney(s) appearing for the Case

ARGUED: John J. Vecchione , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., for Appellants. Daniel Winik , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: John J. Vecchione , Jenin Younes , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., for Appellants. Daniel Winik , Daniel Tenny , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Lawrence S. Ebner , ATLANTIC LEGAL FOUNDATION, Washington, D.C., Deborah J. Dewart , Hubert, North Carolina, Eugene Volokh, UCLA SCHOOL OF LAW, Los Angeles, California, Sarah Harbison , PELICAN INSTITUTE FOR PUBLIC POLICY, New Orleans, Louisiana, Nicole Saad Bembridge , NETCHOICE, Washington, D.C., Thomas A. Berry , CATO INSTITUTE, Washington, D.C., Talmadge Butts , FOUNDATION FOR MORAL LAW, Montgomery, Alabama, B. Tyler Brooks , LAW OFFICE OF B. TYLER BROOKS, PLLC, Greensboro, North Carolina, Thomas Brejcha , THOMAS MORE SOCIETY, Chicago, Illinois, Alan Gura , INSTITUTE FOR FREE SPEECH, Washington, D.C., Ilya Shapiro , MANHATTAN INSTITUTE, New York, New York, for Amici Curiae.

Before: BOGGS, WHITE, and BUSH, Circuit Judges.


OPINION

Several Twitter users were temporarily or permanently banned from the platform for posting alleged COVID-19 misinformation. Rather than sue Twitter, these users chose to sue the United States Department of Health and Human Services, its Secretary, and the United States Surgeon General (collectively...

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