Elon Musk’s platform, X, has filed a court motion opposing the Biden-Harris Department of Justice’s (DOJ) request for a gag order on Eithan Haim, a surgeon and whistleblower indicted after exposing a hospital performing gender transition procedures on minors. X argued that the gag order would violate the First Amendment and suppress public discourse.
“Free speech by users on X – in which X has a First Amendment interest – is a crucial component of public debate and news dissemination in today’s United States,” the company wrote in its motion. It further asserted that the DOJ’s request represents “unlawful prior restraints” on free speech.
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Haim, a Texas-based surgeon, provided journalist Christopher Rufo with documentation in 2023 revealing that Texas Children’s Hospital continued performing gender transition procedures on minors, despite publicly claiming to have ended the program. The DOJ later charged Haim with allegedly violating the Health Insurance Portability and Accountability Act (HIPAA).
Last week, the DOJ sought a gag order on Haim, citing his criticisms of prosecutors on X as potentially prejudicial to the case, alleging that his posts could “taint the jury pool” and impede a fair trial.
In posts cited by the DOJ, Haim shared excerpts of a court hearing transcript where the presiding judge criticized the government for filing errors. “It’s become clear to anyone paying attention, DOJ has no interest in a fair trial,” Haim wrote on X. “They want to silence me in order to cover up their own incompetence and corruption.”
In its filing, X dismissed the DOJ’s claims that Haim’s posts could encourage “online bullying of prosecutors” or pose safety risks, emphasizing the government’s extraordinary resources and power in such cases.
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“What irony for this complaint to come from federal prosecutors, whose awesome powers and nearly limitless resources make them the Goliath to Dr. Haim’s David,” X stated. The platform stressed that prosecutors must remain accountable to the public and not be shielded from criticism through “court-imposed secrecy” or gag orders.
Separately, Not the Bee, a media outlet, also filed to intervene in the case after the DOJ sealed documents, including those related to the gag order request.
“At Not the Bee, we make a living from finding humor in the absurd, but this case is no laughing matter,” said CEO Dan Dillon. “When a doctor risks everything to shine a light on medical practices involving children, especially in the controversial realm of gender transitions, the public has a right to see the full picture.”
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The case underscores tensions between free speech rights and government efforts to regulate legal proceedings. X’s defense of Haim aligns with Musk’s broader advocacy for open discourse on the platform, even as the DOJ seeks to limit public criticism in a high-profile, contentious case.
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