Declaration of Bernadette Senger — Changizi v. HHS (S.D. Ohio)

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U.S. District Court for the Southern District of Ohio, Eastern Division · No. 2:22-cv-01776-EAS-CMV · Doc. 1-2 · 2022-03-24 · Docket on CourtListener

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EXHIBIT A 
Case: 2:22-cv-01776-EAS-CMV Doc #: 1-2 Filed: 03/24/22 Page: 1 of 7  PAGEID #: 41

UNITED ST ATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
MARK CHANGIZI, MICHAEL SENGER,  
and DANIEL KOTZIN, 
Plaintiffs, 
v. 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES, et al. 
Defendants. 
Civil Action No: -------
DECLARATION OF MICHAEL SENGER 
1.
I, Michael Senger, am over the age of 18 and make this Declaration in support of
the motion for a Preliminary Injunction in my case against the United States Surgeon General, et 
al. 
2.
I make this Declaration based on personal knowledge.
3.
Beginning in 2020 until my permanent suspension, I maintained a very active
Twitter account and accrued approximately 112,000 followers. 
4.
For the first time, I was suspended on October 27, 2021 for 12 hours, for "violating
the policy on spreading i;nisleading and potentially harmful information related to COVID-19." 
5.
The tweet at issue read: "so the FDA granted an emergency use authorization to
give kids mRNA vaccines, with unknown risks, for a virus that accounts for significantly fewer 
than 1 % of deaths in that age group? Where's the "emergency"? 
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6.
I was suspended again two days later, on October 29, for tweeting a link to a video
and writing, "Blistering video documents in meticulous detail how official media and public health 
statements gradually walked back COVID vaccine efficacy from '100%' to under '33%'-one 
percentage point at a time." 
7.
Although I had never previously been suspended for more than 12 hours (see
above), on March 8, 20'.?2, my account was permanently suspended, ostensibly for the following 
Tweet, which linked to an article in The Atlantic by Ed Yong that bore the headline "How Did This 
Many Deaths Become Normal?" 
a.
I commented: "How did this many 'deaths' become normal? Because, though
they may not yet be willing to face it, the vast majority have realized that every
COVID policy-from the lockdowns and masks to the tests, death coding, and
vaccine passes-has been one, giant fraud."
b. Twitter notified me that my account had been suspended for "violating the Twitter
Rules" by "spreading misleading and potentially harmful information related to
COVID-19."
c.
The notification further stated that "if you attempt to evade a permanent
suspension by creating new accounts, we will suspend your new accounts. If you
wish to appeal this suspension, please contact our support team."
8.
Through this action, I have been permanently deprived of my voice on Twitter,
carrying negative implications for my personal and professional life. 
9.
Twitter's 
COVID-19 
misleading 
information 
policy, 
available 
at
https://help.twitter.com/en/rules-and-policies/medical-misinformation-policy, states that it is not a 
violation to post "Strong commentary, opinions, and/or satire, provided these do not contain false 
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Case: 2:22-cv-01776-EAS-CMV Doc #: 1-2 Filed: 03/24/22 Page: 3 of 7  PAGEID #: 43

or misleading assertions of fact." Although the statement that "every COVID policy ... has been 
one, giant fraud" is a strong opinion, a reasonable person would take it to be just that-opinion­
rather than an assertion of fact. 
10.
This suspension also depaiied somewhat from Twitter's ordinary disciplinary
process, which typically involves a 7-day suspension prior to permanent suspension, except in 
extreme circumstances. 
11.
This action has harmed me personally and professionally. I discovered a gift that I
had for writing and developed a network of thousands of intelligent people from all over the world 
with whom I had a close relationship discussing these and other issues. Now I have been silenced 
and cut off from all of them, with no viable way of getting that network back or promoting my 
work, seemingly for the sole crime of being too articulate in vocalizing my beliefs. 
12.
Because it is widely used by policymakers, academics, and journalists as a proxy
for popular opinion, Twitter carries tremendous weight in democratic discourse surrounding 
policies that affect the entire citizenry of the United States. Regardless of motivation, this power 
to create a false consensus in political discourse by systematically silencing the most articulate 
voices on one side of any given debate, unbeknownst to 99% of Twitter users, is unprecedented in 
American history; it is a power that has historically only been held by authoritarian regimes. We 
are expected to believe that Twitter and the Surgeon General will use this unprecedent power only 
for good, based on nothing but their promise that they will do so. Historically, such promises have 
proven empty-and destructive-every single time. 
I declare under penalty of perjury that the foregoing is true and correct. 
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Executed On: March 17, 2022 
Michael Senger 
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Case: 2:22-cv-01776-EAS-CMV Doc #: 1-2 Filed: 03/24/22 Page: 5 of 7  PAGEID #: 45

3/19/22, 8:28 PM 
FDA.jpg 
Delete Tweet 
1Weet 1 of 1 
Violating the 
9. 
We understand tt1at during times of crisis and instability, it is difficult to know what to do to keep 
yourself and your loved ones.safe. Under this policy, we require the removal of content that 
may pose a risk to people's healt11, including content that goes directly against guidance from 
authOritative sources of global and local publlc ilealtl1 infom1ation. 
For more information on COVl D-19, as 11vell as guidance from 1eading global health authorities, 
please refer to the following links: 
. Michael P Senger 
So the FDA granted an e1nergency use authorization to 
give kids rnRNA vaccines, vvith unknmvn risks, for a virus 
that accounts for significantly fev,mr than 1% of deaths in 
that age group? \\There's the '
4m11ergencyn? 
https://t.co/Vyttm\1VI0Oa 
Oct 26. 202.1, 9:.37 PM 
By clicking Delete, Ŷ,'OU acknowledge tllat your T\iveet violated the Tw'itter Rules. 
!f you think we've made a mistake, submit an
to us Please note that should )/OU do so. 
your account will remain tocked while we rev.ievv yollf appeal. 
https://mail.google.com/mail/u/0/#search/SENGER/FMfcgzGmvTvDrnLhxKPDZvPXsWXnlzlX?projector=1 &messagePartld=0.1 
1 /1 
Case: 2:22-cv-01776-EAS-CMV Doc #: 1-2 Filed: 03/24/22 Page: 6 of 7  PAGEID #: 46

3/19/22, 8:29 PM 
image.png 
Hello Michael P Senger, 
Your account, M1chaelPSenger has been suspended for 
violating_tl1e TW!t1er Rules. 
Specifically, for· 
Violating our policy on spreading misleading 
and potentially harmful information related to 
COVI0-19. 
You may not use Twitter's services to share false or 
misleading mformaUon about COVID-19 which may lead 
to harm.· 
Michael P Senger 
. @MichaelPSenger 
How did tl1is many "deaths"' become normal? Because. 
though they may not yet be willing to face it the vast 
majority have realized !:hat every COVID policy-from 
the lockdov;1ns and masks to the tests, death coding, and 
vaccine passes-has been one. giant fraud https:!/[ .. ] 
Note that if )/OU attempt to evade a permanent 
suspension by creating new accounts, we will suspend 
your nevi! accounts . If you wist1 to appeal this 
suspension, please contact our suppor1 team. 
https://mail.google.com/mail/u/0/#search/MICHAEL/KtbxlxgBwGxsCTCLDrVWjmVMWFTgltzDHg?projector=1 
1/1 
Case: 2:22-cv-01776-EAS-CMV Doc #: 1-2 Filed: 03/24/22 Page: 7 of 7  PAGEID #: 47

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