The lawsuit alleges that they violated his First Amendment rights by pushing for his removal from Twitter after he raised concerns about the efficacy of the vaccines. The lawsuit, filed last week in the Southern District of New York, named Biden, White House advisers Andrew Slavitt and Robert Flaherty, Surgeon General Dr. Vivek Murthy, Pfizer board member and former Trump FDA commissioner Dr. Scott Gottlieb, and Pfizer CEO Albert Bourla as defendants.
According to the filing, Biden allegedly conspired with the other defendants to banish Berenson from Twitter in August 2021 after he repeatedly posted messages dismissing the COVID-19 vaccine and telling followers it didn't stop transmission of the virus. The lawsuit claims that the Biden administration "engaged in a nearly unprecedented conspiracy to suppress Mr. Berenson's First Amendment rights" by working with Pfizer to suspend his Twitter account and "mute his voice as a leading COVID-19 vaccine skeptic."
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The court document further alleges that "the White House and the Biden Administration did this at the same time government officials promoted their views on the necessity of COVID-19 vaccination on Twitter, effectively blocking Mr. Berenson from commenting on their own statements or making his own."
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The filing claims that "the censorship harmed both Mr. Berenson and a clearly identifiable class of nearly 100 million Americans whose interests he helped represent- Americans who either had questions about the vaccine or did not want to be forced to take a shot that they feared had been rushed through development and lost its ability to prevent COVID-19 infections within months."
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The lawsuit also claims that government officials had been pressuring Twitter to remove posts critical of the COVID-19 vaccine since President Biden's inauguration in January 2021. The suit alleges that in a secret White House meeting in April 2021, the conspirators, led by Andrew Slavitt, Senior Advisor to the White House's COVID-19 Response Coordinator, targeted Berenson for removal. The court documents claim that "the conspirators did not simply ask Twitter to remove a specific post Mr. Berenson made. Rather they pushed Twitter to ban him entirely, an unconstitutional prior restraint on his speech."
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Berenson's account was eventually suspended in August 2021 after Pfizer executives, including Dr. Scott Gottlieb, reportedly complained to Twitter about Berenson's posts. The court documents allege that Gottlieb and Pfizer CEO Albert Bourla had "financial incentives to silence" Berenson since Pfizer has made $70 billion selling often-mandated mRNA vaccines. Twitter restored his account in July 2022 when Berenson took legal action. The company settled and admitted that Berenson's tweets should not have led to the suspension.
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Berenson's lawsuit seeks to declare that the government defendants violated his First Amendment rights, prevent them from further violating his rights, and award him damages, attorney's fees, and any other necessary relief. "The First Amendment prohibits governmental conspiracies like this. COVID-19 did not suspend the Constitution or the rights it enumerates for Americans," the 70-page suit states. The White House has not yet responded to the lawsuit.
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