Case 3:22-cv-01213-TAD-KDM Document 294 Filed 07/04/23 Page 1 of 7 PageID #: 26947

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF LOUISIANA
MONROE DIVISIONSTATE OF MISSOURI, ET AL.

CASE NO. 3:22-CV-01213

VERSUSJUDGE TERRY A. DOUGHTYJOSEPH R BIDEN JR., ET AL.

MAG. JUDGE KAYLA D. MCCLUSKYJUDGMENT

For the reasons set forth in the Memorandum Ruling on the Request for Preliminary
Injunction,
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ Motion forPreliminary Injunction [Doc. No. 10] is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that: the DEPARTMENT OF HEALTH AND HUMANSERVICES (“HHS”) and THE NATIONAL INSTITUTE OF ALLERGY AND
INFECTIOUS DISEASES (“NIAID”), and specifically the following employees of the HHS andNIAID: XAVIER BECERRA,1 Secretary of HHS; DR. HUGH AUCHINCLOSS, Director ofNIAID; YOLANDA BYRD, HHS Digital Engagement Team; CHRISTY CHOI, HHS Office ofCommunications; ASHLEY MORSE, HHS Director of Digital Engagement; JOSHUA PECK,HHS Deputy Assistant Secretary, Deputy Digital Director of HHS successor (formerly JANELLMUHAMMED); along with their secretaries, directors, administrators and employees;
SURGEON GENERAL VIVEK H. MURTHY, KATHARINE DEALY, Chief Engagement
Officer for the Surgeon General, along with her secretaries, directors, administrators, andemployees; the CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”), andspecifically the following employees: CAROL Y. CRAWFORD, Chief of the Digital Media1

All individuals named in this Judgment are being sued in their official capacities.

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Branch of the CDC Division of Public Affairs; JAY DEMPSEY, Social-media Team Leader,
Digital Media Branch, CDC Division of Public Affairs; KATE GALATAS, CDC DeputyCommunications Director; UNITED STATES CENSUS BUREAU (“Census Bureau”), andspecifically the following employees: JENNIFER SHOPKORN, Census Bureau Senior Advisor
for Communications, Division Chief for the Communications Directorate, and Deputy Director ofthe Census Bureau Office of Faith Based and Neighborhood Partnerships, along with theirsecretaries, directors, administrators and employees; the FEDERAL BUREAU OFINVESTIGATION (“FBI”), and specifically the following employees: LAURA DEHMLOW,Section Chief, FBI Foreign Influence Task Force; ELVIS M. CHAN, Supervisory Special Agentof Squad CY-1 in the FBI San Francisco Division; THE UNITED STATES DEPARTMENT
OF JUSTICE, along with their secretary, director, administrators, and employees; the following
members of the Executive Office of the President of the United States: White House Press
Secretary KARINE JEAN-PIERRE, Counsel to the President; STUART F. DELERY, WhiteHouse Partnerships Manager; AISHA SHAH, Special Assistant to the President; SARAHBERAN, MINA HSIANG, Administrator of the United States Digital Service within the Officeof Management and Budget; ALI ZAIDI, White House National Climate Advisor; White House
Senior COVID-19 Advisor successor (formerly ANDREW SLAVITT); Deputy Assistant to thePresident and Director of Digital Strategy successor (formerly ROB FLAHERTY); DORI
SALCIDO, White House COVID-19 Director of Strategic Communications and Engagement;
White House Digital Director for the COVID-19 Response Team successor (formerly CLARKEHUMPHREY); Deputy Director of Strategic Communications and Engagement of the WhiteHouse COVID-19 Response Team successor (formerly BENJAMIN WAKANA); Deputy
Director for Strategic Communications and External Engagement for the White House COVID-2Case 3:22-cv-01213-TAD-KDM Document 294 Filed 07/04/23 Page 3 of 7 PageID #: 26949

19 Response Team successor (formerly SUBHAN CHEEMA); White House COVID-19 SupplyCoordinator successor (formerly TIMOTHY W. MANNING); Chief Medical Advisor to thePresident, DR. HUGH AUCHINCLOSS, along with their directors, administrators andemployees; the CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY(“CISA”), and specifically the following employees: JEN EASTERLY, Director of CISA; KIM
WYMAN, Senior Cybersecurity Advisor and Senior Election Security Leader; LAUREN
PROTENTIS; GEOFFREY HALE; ALLISON SNELL; BRIAN SCULLY, Officials of CISA;
the UNITED STATES DEPARTMENT OF HOMELAND SECURITY (“DHS”), andspecifically the following employees: ALEJANDRO MAYORKAS, Secretary of DHS;ROBERT SILVERS, Under-Secretary of the Office of Strategy, Policy and Plans; SAMANTHAVINOGRAD, Senior Counselor for National Security in the Official of the Secretary for DHS,
along with their secretary, directors, administrators, and employees; the UNITED STATESDEPARTMENT OF STATE (“State Department”), and specifically the following employees:
LEAH BRAY, Acting Coordinator of the State Department’s Global Engagement Center(“GEC”); ALEX FRISBIE, State Department Senior Technical Advisor and member of theTechnology Engagement Team at the GEC; DANIEL KIMMAGE, Acting Coordinator of theGEC, along with their secretary, directors, administrators, and employees ARE HEREBYENJOINED AND RESTRAINED from taking the following actions as to social-mediacompanies:2“Social-media companies” include Facebook/Meta, Twitter, YouTube/Google, WhatsApp, Instagram, WeChat,TikTok, Sina Weibo, QQ, Telegram, Snapchat, Kuaishou, Qzone, Pinterest, Reddit, LinkedIn, Quora, Discord,Twitch, Tumblr, Mastodon, and like companies.
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meeting with social-media companies for the purpose of urging, encouraging,pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content
containing protected free speech posted on social-media platforms;3(2)specifically flagging content or posts on social-media platforms and/or forwarding

such to social-media companies urging, encouraging, pressuring, or inducing in any manner for
removal, deletion, suppression, or reduction of content containing protected free speech;(3)

urging, encouraging, pressuring, or inducing in any manner social-media

companies to change their guidelines for removing, deleting, suppressing, or reducing content
containing protected free speech;(4)

emailing, calling, sending letters, texting, or engaging in any communication of any

kind with social-media companies urging, encouraging, pressuring, or inducing in any manner forremoval, deletion, suppression, or reduction of content containing protected free speech;(5)collaborating, coordinating, partnering, switchboarding, and/or jointly working

with the Election Integrity Partnership, the Virality Project, the Stanford Internet Observatory, or
any like project or group for the purpose of urging, encouraging, pressuring, or inducing in any
manner removal, deletion, suppression, or reduction of content posted with social-media
companies containing protected free speech;(6)threatening, pressuring, or coercing social-media companies in any manner toremove, delete, suppress, or reduce posted content of postings containing protected free speech;“Protected free speech” means speech that is protected by the Free Speech Clause of the First Amendment to theUnited States Constitution in accordance with jurisprudence of the United States Supreme Court, Courts of Appealand District Courts.
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taking any action such as urging, encouraging, pressuring, or inducing in any

manner social-media companies to remove, delete, suppress, or reduce posted content protectedby the Free Speech Clause of the First Amendment to the United States Constitution;(8)

following up with social-media companies to determine whether the social-media

companies removed, deleted, suppressed, or reduced previous social-media postings containing
protected free speech;(9)requesting content reports from social-media companies detailing actions taken toremove, delete, suppress, or reduce content containing protected free speech; and(10)notifying social-media companies to Be on The Lookout (“BOLO”) for postings

containing protected free speech.
This Preliminary Injunction precludes said named Defendants, their agents, officers, employees,contractors, and all acting in concert with them from the aforementioned conduct. This Preliminary
Injunction also precludes said named Defendants, their agents, officers, employees, andcontractors from acting in concert with others who are engaged in said conduct.
IT IS FURTHER ORDERED that the following actions are NOT prohibited by thisPreliminary Injunction:(1)

informing social-media companies of postings involving criminal activity orcriminal conspiracies;(2)

contacting and/or notifying social-media companies of national security threats,extortion, or other threats posted on its platform;(3)

contacting and/or notifying social-media companies about criminal efforts tosuppress voting, to provide illegal campaign contributions, of cyber-attacks against election
infrastructure, or foreign attempts to influence elections;5Case 3:22-cv-01213-TAD-KDM Document 294 Filed 07/04/23 Page 6 of 7 PageID #: 26952(4)

informing social-media companies of threats that threaten the public safety or

security of the United States;(5)

exercising permissible public government speech promoting government policies

or views on matters of public concern;(6)

informing social-media companies of postings intending to mislead voters about

voting requirements and procedures;(7)

informing or communicating with social-media companies in an effort to detect,prevent, or mitigate malicious cyber activity;(8)

communicating with social-media companies about deleting, removing,

suppressing, or reducing posts on social-media platforms that are not protected free speech by theFree Speech Clause in the First Amendment to the United States Constitution.
IT IS FURTHER ORDERED that no security is required to be posted by Plaintiffs under
Federal Rule of Civil Procedure 65.
IT IS FURTHER ORDERED that this Preliminary Injunction Order shall remain in effectpending the final resolution of this case or until further orders issue from this Court, the UnitedStates Court of Appeals for the Fifth Circuit, or the Supreme Court of the United States.
IT IS FURTHER ORDERD that the Motion for Preliminary Injunction [Doc. No. 10] is
DENIED as to the following Defendants: U.S. Food and Drug Administration; U. S. Departmentof Treasury; U.S. Election Assistance Commission; U. S. Department of Commerce andemployees Erica Jefferson, Michael Murray, Wally Adeyemo, Steven Frid, Brad Kimberly, andKristen Muthig; and Disinformation Governance Board (“DGB”) and its Director Nina Jankowicz.
IT IS FURTHER ORDERED that no evidentiary hearing is required at this time.

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IT IS FURTHER ORDERED that Plaintiffs’ request for certification of this proceeding
as a class action pursuant to Fed. R. Civ. P. Article 23 (b)(2) is DENIED.
THUS, DONE AND SIGNED IN MONROE, LOUISIANA, this 4th day of July 2023.

___________________________________TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE7