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In a letter to subscribers, GAB CEO Andrew Torba, called out attempts by the German Government, in collusion with the Biden-Harris Administration, to censor American citizens. In his letter, Torba writes: “we face an unprecedented attack on our freedom of speech by a foreign nation. This week we received correspondence from the German government via the Biden-Harris DOJ, 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.”
According to Torba, “The German government is attempting to use the Mutual Legal Assistance Treaty (MLAT) to force American companies like Gab 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,’ the GAB CEO continued, “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.”
He also provided the text of GAB’s 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.
