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RFK Jr.'s Motion for Consolidation With AGs' First Amendment Suit 'Moot,' Says DOJ

Robert F. Kennedy Jr.’s, motion for consolidation filed in Missouri v. Biden (docket 3:23-cv-00381) is “moot,” said the DOJ’s Wednesday response in U.S. District Court for Western Louisiana in Monroe. Government defendants were responding to the court’s July 5 order…

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to submit their response by Wednesday to RFK's motion for consolidation of his nearly identical lawsuit with the First Amendment complaint brought by the attorneys general of Missouri and Louisiana. Plaintiffs lack standing to bring their claims either as speakers or listeners, and the court should dismiss their complaint, said the DOJ's response. Defendants’ opposition to a preliminary injunction motion in the action is pending after the 5th U.S. Circuit Court of Appeals granted the DOJ a temporary administrative stay of the preliminary injunction imposed July 4 by U.S. District Judge Terry Doughty for Western Louisiana to prevent dozens of Biden administration officials from conversing with social media platforms for the purposes of content moderation (see 2307140067). The freedom of speech lawsuit alleges a government social media censorship campaign targets “specific viewpoints” on “hotly disputed issues,” including COVID-19 vaccines, mask mandates and lockdowns and “the security of voting by mail.” If the court finds the Kennedy plaintiffs sufficiently established standing, defendants don’t oppose the request for consolidation, said the response.