Court Holds that Medical Researchers’ Censorship Suit Can Continue in Clinic Case

A federal judge denied a motion to dismiss filed by the government against a legal challenge by two doctors from Harvard University who allege that the Department of Health and Human Services removed their research from the Patient Safety Network (PSNet) for including the words “LGBTQ” and “transgender.”   

The suit was initially filed in March in the U.S. District Court for the District of Massachusetts by the Media Freedom and Information Access (MFIA) clinic at Yale Law School, the American Civil Liberties Union, and the ACLU of Massachusetts. 

“We’re pleased that the Court rejected the government's invitation to short circuit this lawsuit,” said Jessica Lin ’26, a law school student with the MFIA clinic. “Its argument that compliance with a preliminary injunction necessarily moots a lawsuit would have implications far beyond this suit — it would give the government a kind of get-of-jail-free card, letting it strategically shut down litigation and foreclose fulsome relief. Yesterday’s ruling is a victory for our clients and for the rule of law.”

PSNet is a government-run website for doctors and medical researchers to share information about patient safety, including medical errors, misdiagnoses, and patient outcomes. The articles removed include “Endometriosis: A Common and Commonly Missed and Delayed Diagnosis,” co-authored by plaintiff Dr. Celeste Royce, which included a sentence about diagnosis in transgender and gender-nonconforming people, and “Multiple Missed Opportunities for Suicide Risk Assessment in Emergency and Primary Care Settings,” co-authored by plaintiff Dr. Gordon Schiff, which included a sentence about heightened risk in LGBTQ communities.  

“The government cannot censor medical research just because it doesn’t like certain terms or ideas,” said Rachel Davidson, staff attorney with the ACLU of Massachusetts. “Our clients have the First Amendment right to pursue research freely and without government interference — and that includes discussing care for LGBTQ patients. We look forward to continuing this litigation and vindicating the rights of our clients.” 

The articles were among several removed as part of a broad takedown of information that the government contends promotes “gender ideology,” including any articles containing certain prohibited terms, including “LGBTQ” and “trans[gender].” All articles removed from PSNet have since been restored following a preliminary injunction issued in this case in May.  

The Media Freedom and Information Access Clinic at Yale Law School is a law student clinic dedicated to increasing government transparency, defending the essential work of news gatherers, and protecting freedom of expression through impact litigation, direct legal services, and policy work.