IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION 

THE DAILY WIRE, LLC; 

FDRLST MEDIA, LLC; and 

THE STATE OF TEXAS, by and through its 

Attorney General, Ken Paxton, 

Plaintiffs, 

 v. 

DEPARTMENT OF STATE, et al., 

Defendants.

Civil Action No.: 6:23-cv-00609 

MOTION FOR LEAVE TO 

EXCEED PAGE LIMIT 

CONSENT MOTION BY PLAINTIFF FOR LEAVE TO EXCEED THE PAGE LIMIT 

FOR THEIR MEMORANDUM IN SUPPORT OF 

MOTION FOR PRELIMINARY INJUNCTION 

Plaintiffs, The Daily Wire, LLC and FDRLST Media, LLC, by and through their attorneys, 

and the State of Texas, by and through Attorney General Ken Paxton, pursuant to Local Rule CV7(a)(2) of the U.S. District Court for the Eastern District of Texas, respectfully request this Court 

grant leave to file a Memorandum in Support of their Motion for Preliminary Injunction that 

exceeds the 15-page limit for non-dispositive motions, as set forth in the Local Rules. In support, 

of this motion, Plaintiffs state as follows: 

As detailed in the Plaintiffs’ five-count Complaint, Defendant, the U.S. Department of 

State, through its Global Engagement Center, has been actively—but covertly—intervening in the 

domestic news-media market to suppress disfavored speech and to render a segment of the 

American press unprofitable, including the Media Plaintiffs, The Daily Wire and The Federalist. 

Defendants have misappropriated and misused government resources, technology, funding, 

employees, and contractors under the guise of countering supposed “misinformation,” including 

Case 6:23-cv-00609-JDK Document 10 Filed 02/06/24 Page 1 of 5 PageID #: 112
by researching, assessing, funding, testing, marketing, promoting, hosting on a State Department 

platform, and/or otherwise assisting with or encouraging the development and/or use of tools and 

technologies that targets in whole, or in part, Americans’ speech and the American press. 

Defendants’ censorship scheme is ultra vires and abridges Media Plaintiffs’ First Amendment 

rights to freedom of speech and freedom of the press. 

To vindicate the Media Plaintiffs’ First Amendment rights, as well as the sovereign 

interests of the State of Texas, Plaintiffs seek a preliminary injunction from this Court to enjoin 

this ultra vires and unconstitutional conduct. This action and the Plaintiffs’ Motion for Preliminary 

Injunction raise numerous complex issues of national significance. The complexity and importance 

of this case warrants a lengthier memorandum to provide the Court with a comprehensive account 

of the factual and legal issues pertinent to the requested preliminary injunction. Accordingly, 

Plaintiffs respectfully request leave to file a memorandum in support of their motion for 

preliminary injunction of 37 pages, excluding the tables of contents and authorities, and 

certificates. 

Plaintiffs have conferred with Defense Counsel about the requested relief and Defense 

Counsel consented to the requested relief. 

WHEREFORE, Plaintiffs respectfully request that the Court grant them leave to exceed 

the 15-page limit. 

DATED: February 6, 2024 Respectfully submitted, 

/s/ Margaret A. Little 

Margaret A. Little 

Lead Attorney 

Senior Litigation Counsel 

Connecticut Bar # 303494 

NEW CIVIL LIBERTIES ALLIANCE 

1225 19th Street NW, Suite 450 

Washington, DC 20036 

Case 6:23-cv-00609-JDK Document 10 Filed 02/06/24 Page 2 of 5 PageID #: 113
Telephone: (202) 869-5210 

 Facsimile: (202) 869-5238 

Peggy.Little@ncla.legal 

/s/ Margot J. Cleveland 

Margot J. Cleveland, 

Of Counsel 

Michigan Bar #P83564 

NEW CIVIL LIBERTIES ALLIANCE

Margot.Cleveland@ncla.legal 

/s/ Casey Norman

Casey Norman 

Pro hac vice pending 

Litigation Counsel 

New York Bar #5772199 

NEW CIVIL LIBERTIES ALLIANCE

Casey.Norman@ncla.legal 

Attorneys for Plaintiffs the Daily Wire 

Entertainment LLC and FDRLST Media LLC

KEN PAXTON

Attorney General of Texas 

BRENT WEBSTER

First Assistant Attorney General of Texas 

GRANT DORFMAN

Deputy First Assistant Attorney General of 

Texas 

RALPH MOLINA

Deputy Attorney General for Legal Strategy 

RYAN D. WALTERS

Chief, Special Litigation Division 

/s/ Susanna Dokupil

SUSANNA DOKUPIL

Lead Attorney 

Special Counsel 

Texas State Bar No. 24034419 

Case 6:23-cv-00609-JDK Document 10 Filed 02/06/24 Page 3 of 5 PageID #: 114
AMY S. HILTON

Special Counsel 

Texas State Bar No. 24034419 

JOHNATHAN STONE

Special Counsel 

Texas State Bar No. 24071779 

Attorneys for Plaintiff the State of Texas 

Case 6:23-cv-00609-JDK Document 10 Filed 02/06/24 Page 4 of 5 PageID #: 115
CERTIFICATE OF SERVICE

 I hereby certify that, on February 6, 2024, I caused a true and correct copy of the foregoing 

to be filed by the Court’s electronic filing system, to be served by operation of the Court’s 

electronic filing system on counsel for all parties who have entered in the case. 

 /s/ Margot J. Cleveland 

CERTIFICATE OF CONFERENCE

 I hereby certify that, on February 5, 2024, I, along with my NCLA colleagues’ Peggy Little 

and Casey Norman, as well as counsel for the State of Texas, Susanna Dokupil, conferenced with 

counsel for Defendants, Cristen Handley and Kody Knapp, via a Microsoft Teams conference call, 

as required by Local Rule CV-7(h). Defense Counsel concurred in Plaintiffs’ request for leave to 

file an oversized brief in support of its Motion for Preliminary Injunction. 

 /s/ Margot J. Cleveland 

Case 6:23-cv-00609-JDK Document 10 Filed 02/06/24 Page 5 of 5 PageID #: 116