Declaration of Daniel Kotzin — Changizi v. HHS (S.D. Ohio)

Record facts

U.S. District Court for the Southern District of Ohio, Eastern Division · No. 2:22-cv-01776-EAS-CMV · Doc. 1-3 · 2022-03-24 · Docket on CourtListener

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Case: 2:22-cv-01776-EAS-CMV Doc #: 1-3 Filed: 03/24/22 Page: 1 of 6  PAGEID #: 48

UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
MARK CHANGIZI,  MICHAEL SENGER, 
and DANIEL KOTZIN 
Plaintiffs, 
V. 
DEPARTMENT OF HEAL TH AND 
HUMAN SERVICES, et al. 
Defendants. 
Civil Action No: -------
DECLARATION OF DANIEL KOTZIN 
1. I, Daniel Kotzin, 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. I have appro;cimately 29,700 followers on Twitter, having created my account in
September 2013.
4. I have been locked out of my account by Twitter two times. The first suspension was
for 24 hours and the second was for 7 days.
a.
The first tweet leading to a temporary suspension, posted on September 24,
2021, stated: "There is not now, nor has there ever been, evidence that the Covid
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Case: 2:22-cv-01776-EAS-CMV Doc #: 1-3 Filed: 03/24/22 Page: 2 of 6  PAGEID #: 49

shots reduce infection or transmission. Vaccine passports; vaccine mandates; 
vaccine requirements -- they are all an abomination." 
b. I received an email notification stating that my account had been locked for
"violating the policy on spreading misleading and potentially harmful
information related to COVID-19." The email warned me that "repeated
violations may lead to permanent suspension of your account."
c.
The second tweet, posted on March 7, 2022, read: "It is important to never lose
sight of the fact that the global pandemic is ending not because of the vaccines,
but because almost everyone on the planet got infected with covid."
d.
After labeling the tweet "misleading," Twitter again notified me that I had been
locked out of my account, this time for 7 days, in an email that was identical to
the first one.
5. I consider the possibility of "permanent suspension" tć be such a devastating prospect
that I self-censor.
a. I contrive creative ways to avoid suspens10n, for example by using
hypotheticals and phrasing statements in question form.
b. Although I believe that I have valuable information and insights to share on the
subjects of treatment options, vaccines, and risk factors for a severe COVID-19
outcome, I do not do so for fear that my account will be permanently terminated.
6. Twitter suspends only those who question the wisdom and efficacy of govermnent
restrictions, or those who cast doubt on the safety or efficacy of the vaccines.
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Case: 2:22-cv-01776-EAS-CMV Doc #: 1-3 Filed: 03/24/22 Page: 3 of 6  PAGEID #: 50

7. Upon information and belief, there are no examples of Twitter suspending individuals
who have spread misinfonnation in the other direction -- by, for example, exaggerating
the threat the vims poses to children or the effectiveness of masks or vaccines.
8. In order to open my account, I was required to give Twitter extensive personal
information. I have never agreed to turn that infonnation, or indeed any of the
information that I have shared with or on Twitter, over to the government.
I declare under penalty of perjury that the foregoing is tme and correct. 
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-----------------
Daniel Kotzin 
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Case: 2:22-cv-01776-EAS-CMV Doc #: 1-3 Filed: 03/24/22 Page: 4 of 6  PAGEID #: 51

Screenshot 1 
12:01 "'v 
< 
rm 
Hi Daniel Kotzin, 
.Your account, @danielkotzin has 
been locked for violating the 
Twitter Rules. 
Specifically for: 
Violating !he policy on spreading misleading am! 
'potentially harmful infonnation related to COV!D• 
19. 
We understand that during times of crisis and instability, it 
is difficult to know what to do to lieep 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 public health 
information. 
For more information on COVID-19, as well as guidance 
from leading global health authorities, please refer to the 
following links: 
Coronav!fus d1seastŴ (COVID-·; fl) ndvicti for u,e public fron, 
,the WHO 
FA.Os ilDOUI COVID• rn imrn the WHO 
Danie! Kotzin 
@daniolkotzin 
There is not now, nor has t11ere ever been, 
evidence that the Covid shots reduce infection or 
transmission. Vaccine passports; vaccine mandates; 
vaccine requirements - they are all an 
abomination. 
'Please note that repeated violations may lead to a 
permanent suspension of your account. Proceed to 
Twitter now to fix the issue with your account. 
••• 
Case: 2:22-cv-01776-EAS-CMV Doc #: 1-3 Filed: 03/24/22 Page: 5 of 6  PAGEID #: 52

Screenshot 2 
Hi Daniel Kotzin, 
Your account, @danielkotzin has 
been locked for violating the 
Twitter Rules. 
Specifically for: 
Violating the policy tm spreading misleading and 
potontia!ly harmful Information related to COVI0-19. 
We understand that 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 rnay pose a risk to people's healtt1, including content that 
goes directly against guidance from authoritative sources of 
global and local public health information. 
For more information on COVID-19, as well as guidance from 
leading global health authorities, please refer to the following 
linl,s: 
T his is the Tweet that violated the Twitter Rules. 
It is important to never lose sight of the fact 
that the global pandemic is ending not 
because of the vaccines, but because almost 
everyone on the planet got infected with 
covid. 
0 
B 11 F'U 
Please note that repeated violations may lead to a 
permanent suspension of your account. Proceed to 
Twitter now to fix the Issue with your account. 
--
Case: 2:22-cv-01776-EAS-CMV Doc #: 1-3 Filed: 03/24/22 Page: 6 of 6  PAGEID #: 53

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