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FGA-Backed Case Achieves Major Victory in Federal Court Against Biden’s Weaponized Department of Justice

NAPLES, FL – Today, the Foundation for Government Accountability (FGA) praised a federal court ruling which blocks the Department of Justice (DOJ) attempts to stifle protected speech and bully a political enemy into silence. 

On August 9, 2022, in the Alabama-based case, Boe, et al. v. Marshall, et al., DOJ subpoenaed five and a half years of private, constitutionally protected information from Eagle Forum of Alabama (EFA), a small, non-profit group which advocated for the law change at the center of the case. Given the overly broad and invasive nature of the order, EFA filed a motion to quash the subpoenas in an effort to protect the exercise of First Amendment rights against targeted attacks from the federal government. Today, the court ruled in EFA’s favor and quashed the DOJ subpoenas.

The court’s order stated, “…the Government’s eleventh-hour ‘narrowing’ of the requested material suggests that the subpoenas, as written, are overly broad and unduly burdensome given the limited resources of the nonparties. Considering the relevance (or lack thereof) of the requested material, the burden of production, the nonparties’ resources, and the Government’s own conduct, the Court finds that the subpoenas exceed the scope of discovery.”

“FGA recognizes the terrible threat a weaponized DOJ poses to the First Amendment rights of every American—especially those whose political views differ from the Biden administration—and that’s why we fought back,” said FGA CEO and President Tarren Bragdon. “This is a massive victory against bullying and attempts to suppress speech. Unless freedom-loving Americans continue to stand up, we risk losing our ability to freely express our deeply held beliefs. In this case, we fought back, and we won.” 

On September 20, 2022, FGA joined a coalition of groups and individuals in filing an amici curiae legal brief in support of the First Amendment rights of the Eagle Forum of Alabama. Among the signers were several members of the Alabama congressional delegation including Rep. Robert B. Aderholt, Rep. Mo Brooks, Rep. Jerry L. Carl, Rep. Barry Moore, Rep. Gary Palmer, Rep. Mike Rogers, and members of the Alabama Legislature including Sen. T. Christopher Elliott, Sen. J.T. “Jabo” Waggoner, Rep. Chip Brown, Rep. Arnold Mooney, Rep. Matt Simpson, and Rep. Tim R. Wadsworth. FGA finds the DOJ subpoena targeting this non-profit group to constitute a clear-cut example of executive branch bullying aimed at chilling the free speech rights of all groups that oppose the administration on important policy issues and is proud to stand up against this despicable action by DOJ. 

 The full list of amicus signatories include:

Advancing American Freedom, Inc.

Alabama Center for Law and Liberty

America First Legal Foundation

American Family Association, Inc.

Americans United for Life

The Buckeye Institute

Cardinal Institute for West Virginia Policy

Center for Arizona Policy

Center for Family and Human Rights

Citizens United

Citizens United Foundation

The Commonwealth Foundation for Public Policy Alternative

Concerned Women for America

Faith & Freedom Coalition

The Family Action Council of Tennessee, Inc.

The Foundation for Government Accountability

Foundation for Moral Law

Frontline Policy Council

Independent Women’s Forum

John Locke Foundation

Judicial Watch, Inc.

The Liberty Justice Center

Louisiana Family Forum

Manhattan Institute

Michigan Family Forum

Mountain States Legal Foundation

The National Right to Work Committee

Oklahoma Council of Public Affairs

Parental Rights Foundation

Pennsylvania Family Council

Private Citizen

Protect Our Kids

Public Interest Legal Foundation

The Religious RoundTable, Inc.

Susan B. Anthony Pro-Life America

Tea Party Patriots Action, Inc.

Tennessee Eagle Forum

Texas Public Policy Foundation

Congressman Robert B. Aderholt 

Congressman Mo Brooks

Congressman Jerry L. Carl

Congressman Barry Moore 

Congressman Gary Palmer 

Congressman Mike Rogers 

Alabama Sen. T. Christopher Elliott

Alabama Sen. J.T. “Jabo” Waggoner

Alabama Rep. Chip Brown

Alabama Rep. Arnold Mooney

Alabama Rep. Matt Simpson

Alabama Rep. Tim R. Wadsworth

Caroline M. Aderholt

Allen Mendenhall

Hans von Spakovsky


The Foundation for Government Accountability (FGA) is a non-profit, multi-state think tank that promotes public policy solutions to create opportunities for every American to experience the American Dream. To learn more, visit

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