In a suit, Elon Musk’s X Corp argued that a gag order against whistleblower Dr. Eithan Haim, which the Biden-Harris Department of Justice (DOJ) had obtained, violated his First Amendment rights. After revealing purported medical procedures involving kids at a Texas hospital, surgeon Haim is facing indictment. By highlighting the importance of free speech in democratic discourse, X’s court brief protects public criticism of the administration. X argues that the government’s tactics are an attempt to avoid responsibility, while the DOJ asserts that Haim’s social media behavior could harm the case.
Important Points:
- X Corp opposes DOJ s gag order, citing free speech concerns.
- Dr. Eithan Haim is accused of violating HIPAA after exposing hospital practices involving minors.
- DOJ alleges Haim s posts risk influencing public opinion and endangering prosecutors.
- X argues the gag order undermines public accountability of government actions.
- Media outlets, including Not the Bee, have joined efforts to unseal related court filings.
Elon Musk s X Defends Free Speech Rights Of Whistleblower Indicted By Biden-Harris DOJ
In a court filing on Tuesday, Elon Musk’s X defended the free speech rights of a whistleblower who had been charged by the Biden-Harris Department of Justice (DOJ).
The company wrote in its motion to intervene in the case that the DOJ’s request for a gag order on defendant Eithan Haim, a surgeon who was indicted after coming forward with information about a hospital that was performing sex changes on minors, should be denied because it would violate the First Amendment and disregard the public’s fundamental right to criticize the government.
According to the company, free speech by users on X in which X has a First Amendment interest is an essential part of public discourse and news distribution in the United States today, and based on the scant evidence presented in the Government’s Motion, this speech is directly at odds with unlawful prior restraints.
After asserting that the program had been discontinued, Haim gave writer Christopher Rufo documentation in 2023 demonstrating that Texas Children’s Hospital was still performing sex reassignment treatments on youngsters. He was accused of breaking the Health Insurance Portability and Accountability Act (HIPAA) by the DOJ.
Following Haim’s criticism of the prosecution’s handling of the X case last week, the DOJ urged the judge to impose a gag order on him.
Haim’s posts, according to the prosecution, significantly increased the risk of harming the government, contaminating the jury pool, and preventing the court from holding a fair trial.
Haim published passages from a court transcript in tweets referenced by prosecutors, in which the judge harshly reprimanded the government for not proofreading and fixing mistakes prior to presenting its indictment.
Anyone who is paying attention can see that the DOJ is not interested in a fair trial, Haim wrote on X on Tuesday night. To hide their own ineptitude and corruption, they wish to silence me.
Prosecutors also claimed that Haim’s posts would increase safety hazards and promote cyberbullying of prosecutors.
In its filing, X stated, “What irony that this complaint comes from federal prosecutors, whose incredible powers and nearly limitless resources make them the Goliath to Dr. Haim’s David.” And because of their extraordinary authority, prosecutors must answer to the public and cannot use litigation strategies like barring their filings from public view and requesting gag orders against defendants—actions that are contested in this motion—to shield themselves from accountability.
After prosecutors sealed papers, including those pertaining to their gag order request, on Monday, Not the Bee also became involved in Haim’s case.
Finding humor in the ridiculous is what we do for a livelihood at Not the Bee, but this situation is serious, Not the Bee CEO Dan Dillon wrote in a statement. The public has a right to know the whole story when a physician puts everything on the line to expose medical practices involving children, particularly in the contentious area of gender changes.
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