The Biden-Harris DOJ is Facilitating German Government Censorship of Gab, an American Company

Dear Gab Community,

I write to you today with a heavy heart, as we face an unprecedented attack on our freedom of speech by a foreign nation. This week we received correspondence from the German government, threatening court proceedings against Gab for refusing to comply with their demands for censorship. This is a direct assault on our core values and the very principles upon which the United States was founded.

The German government is attempting to use the Mutual Legal Assistance Treaty (MLAT) to force American companies to comply with their censorship laws. This is a blatant abuse of power, and the Biden-Harris DOJ is complicit in this attack on our rights. We have communicated our stance to them for several years now, but they have chosen to ignore our concerns.

In response to the German government’s demands and threats, our legal team has issued a firm statement to the German government, reaffirming our commitment to the First Amendment and our right to free speech. We will not comply with foreign censorship laws, and we will fight this battle in the courts if necessary.

We believe in the importance of standing up for our beliefs and values, even in the face of adversity. This is a critical moment for Gab and for all those who value free speech. We need your support now more than ever. Please consider making a donation to Gab or upgrading to GabPRO to help us cover legal fees involved in responding to this threat.

Here is the text of our legal team’s response to the German government:

This e-mail replies to your letter with reference 709 OWi 16123 [b], fine proceedings vs. Gab AI Inc.. dated 11-04-2023 and received today.

There is no “nation-state exception” to the First Amendment of the U.S. Constitution. European censorship codes are the very reason the First Amendment exists.

The simple fact remains that the First Amendment protects my client’s right to receive and impart any information it wishes, to or from anywhere in the world, without interference, restriction, or registration.

My client operates a perfectly lawful business with no presence outside of the United States. The sanctions you seek to impose would be both unconstitutional and barred by 47 U.S. Code Section 230 if the German Ministry of Justice sought to enforce them in the United States. My client is prepared to vindicate its rights in a U.S. court if it comes to that.

As to the matter of our previous communications, this was not intended as a formal appeal or an application for a decision, but rather as a communication of my client’s position for the record. My client does not consent to jurisdiction, nor does it acknowledge the validity of service purportedly made on it, for reasons previously stated. My client’s position on those issues remains unchanged.

As this is the third time my client has stated its position on this matter and Germany has ignored it, this will also be the last communication you receive from my client on this matter.

We reserve all rights and waive none.

Let us stand together in defense of our rights and our freedoms. Please share this update with your friends, family, and fellow Gab users. Together, we can ensure that the principles of free speech and continue to thrive in the face of those who seek to silence us.

God bless you all, and God bless Gab.

Andrew Torba CEO, Gab.com
Christ is King