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Physician Threatens To Sue Twitter Over Suspension For Tweeting Scientific Article On COVID-19 Vaccine Lowering Sperm Counts (UPDATED)

Physician Threatens To Sue Twitter Over Suspension For Tweeting Scientific Article On COVID-19 Vaccine Lowering Sperm Counts (UPDATED)

Andrew Bostom has retained the attorney who represented Alex Berenson in his lawsuit that resulted in his return to Twitter: “Dr. Bostom did not violate Twitter’s policy…. We trust that our client will not have to resort to the courts, and that Twitter will reinstate his account as requested .”

Andrew Bostom, M.D., a Rhode Island physician and researcher, wrote at Legal Insurrection about his suspension from Twitter after he tweeted a link to a peer-reviewed article in a prestigious medical journal regarding an Israeli study on the Covid-19 vaccine lowering sperm counts.

[Full article available at https://onlinelibrary.wiley.com/doi/epdf/10.1111/andr.13209]

Bostom wrote, I’m An MD Suspended By Twitter For Tweeting A Link To A Scientific Article On COVID-19 Vaccine Lowering Sperm Counts:

Until this morning, I had a very active Twitter account with a large following through which I shared scientific information, as well as my personal views….

This morning (6/22/22) I awakened to learn that overnight Twitter had summarily and simultaneously locked, and then suspended my account for this “offending” tweet from Father’s Day, 6/19/22:

As of this writing, my Twitter account is suspended. I have received no response so far to my appeal.

Bostom explained that his tweet was an accurate reflection of the Israeli study as described in the linked scientific article, so Twitter’s claim that he shared “false or misleading information” was itself false and misleading:

Again, quoting their publicationverbatim, based upon what the authors defineda priori, as the primary statistical analysis (i.e., “ [a] 1) generalized estimated equation model (GEE) was used for repeated measures analysis,” which is indeed the most appropriate method!):

 “sperm concentration was significantly lower due to decrease of -15.4% (confidence interval -25.5%–3.9%) compared to [Time zero/baseline] T0 (p=0.01). Moreover, [total motile count; how sperm moved] TMC percentage change reduction of 22.1% was significantly lower compared to T0 (confidence interval -35% – -6.6%, p=0.007) as well. Although concentration and TMC were reduced also on T3, these values did not reach statistical significance.”

If anything the text of my 6/19/22 tweet understated the evidence of a possible longer term, ~ 5-month follow-up decline, calling it a “rebound” when “concentration and TMC were reduced also on T3, [though] these values did not reach statistical significance.” In other words, the trend was toward a persistent decline, although it did not “reach statistical significance,” but may well have been evident, and “statistically significant,” merely by studying more subjects.

Finally, my offending tweet added the truthful observation that no data were presented on the effects of booster vaccinations, and asked whether boostering might cause another cycle of decline in the sperm counts and functional measures only studied in relation to the initial vaccination.

My suspension is yet another example of Twitter’s arbitrary, Lysenkoist breaches of informed public discourse on covid-19. The suspension must be reversed, and my account restored fully intact, immediately.

Bostom remains suspended as of this writing:

Bostom’s case is reminiscent of Twitter’s suspension of Alex Berenson, someone who questioned the prevailing dogma about Covid-19 lockdowns and politicized scientific claims. Berenson sued, survived Twitter’s attempts to get the case thrown out, and ultimately Twitter settled before Berenson got a chance to perform a legal colonoscopy on Twitter’s internal suspension functions. While most of the details of the settlement are not known, Berenson was reinstated to Twitter.

Berenson has taken up Bostom’s cause, spreading the word and also tweeting the same article and daring Twitter to suspend Berenson over it.

Bostom has retained the lawyer Berenson used to sue Twitter, James R. Lawrence III, who has sent Twitter a demand letter (pdf.) seeking Bostom’s restoration to Twitter and threatening suit if that doesn’t happen. The letter asserts that Twitter is violating the terms of use it contractually agreed to:

We represent Andrew G. Bostom, M.D., M.S. We write to demand that Twitter, Inc. immediately reinstate Dr. Bostom’s account, @andrewbostom, which your company suspended on June 22, 2022 in violation of its own COVID-19 misinformation policy….

Dr. Bostom did not violate Twitter’s policy. At a minimum, nothing in our client’s tweet was “demonstrably false or misleading,” nor was it “likely to impact public safety or cause serious harm.” Again, Dr. Bostom tweeted findings from a peer-reviewed study, and he summarized its content within the 280 character limit Twitter’s platform allows. Dr. Bostom’s questions about further research regarding the study are not only responsive to the authors themselves, but are also expressly protected by Twitter’s own policy, which embraces “public debate . . . about the advance of COVID-19 science and research.” Our client did not violate Twitter’s stated five-strikes rule.

What is more, Twitter suspended our client for nearly a month, and apparently permanently, without following its own progressive discipline policy. Again, Twitter failed to follow its own rules. Further, Dr. Bostom’s tweets do not come close to satisfying the standard for an immediate suspension. Nothing Dr. Bostom tweeted provides a basis for Twitter to maintain that he “repeatedly violate[d] the COVID-19 misinformation policy over a 30-day time period.” Even if it wanted to, Twitter cannot retrofit what our client said into Twitter’s narrow immediate suspension framework.

By violating its own COVID-19 misinformation policy, Twitter breached its contract with Dr. Bostom, blocking access to his following and causing damage in the process. It is no answer to Dr. Bostom’s concerns that Twitter’s Terms of Service provide that your company can terminate accounts “for any or no reason.” The court in Berenson v. Twitter, Inc., 2022 WL 1289049 (N.D. Cal. Apr. 29, 2022), rejected that argument, holding that the plaintiff in that case had, among other things, “plausibly aver[ed] that Twitter’s conduct here modified its contract with plaintiff and then breached that contract by failing its own five-strike policy.” Id. at *2. That is what happened here. To be sure, Berenson also involved direct assurances from a Twitter executive regarding the company’s purported commitment to debate and speech around COVID19, but the breach of contract issue remains. Moreover, section 230 of the Communications Decency Act provides no refuge for Twitter here, since under a breach of contract theory, Dr. Bostom “does not seek to hold Twitter liable as a publisher or speaker of third-party content, but rather as the counter-party to a contract, as a promisor who has breached.” Id. (internal quotation marks omitted).

Dr. Bostom is interested in pursuing his scientific and research interests, and in engaging in the very public conversation your company says it wants regarding COVID-19. He asks that Twitter immediately reinstate his account with zero strikes, its entire pre-suspension history, and following. We ask for the account to be reinstated by 5 PM PT on July 21, 2022.

While our client trusts that litigation will be unnecessary in this case, he is prepared to sue Twitter if necessary. If your company forces Dr. Bostom into that situation, he will seek to invalidate Twitter’s one-sided waiver of consequential damages and the company’s $100 cap on liability under Cal. Civ. Code § 2175. We trust that our client will not have to resort to the courts, and that Twitter will reinstate his account as requested.

Twitter has not responded to my request for comment, as of this writing.

(UPDATE 11 pm)

His account is now restored.

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Comments

It’s time for a mass of such lawsuits, and he should be seeking damages…. A suspension is tantamount to calling him a liar and impugning his professional reputation.

The MADNESS continues:

CDC Directs LGBT Children to Secretive Chats About Sex Changes, Activism, the Occult:

https://www.breitbart.com/social-justice/2022/07/14/cdc-directs-lgbt-children-secretive-chat-sex-changes-activism-occult/

The bots which control Twitter found the comments on sperm count to be highly offensive to other AI’s and to those who are incapable of producing sperm.

    n.n in reply to Peabody. | July 14, 2022 at 9:29 pm

    Highly offensive. Highly exclusive. According to Democrat expert testimony by judges, professors, clinicians, and activists, women also suffer, if only in dreams, groomed, induced, inculcated, diminished sperm count.

    That’s what I’m thinking too. Could this be a good case for Musk to get involve with in getting Twitter into the discovery phase of his own case? This is so egregious that I doubt even Twitter wouldn’t fire whoever made this “mistake”.

Any wonder why Elon changed his mind over buying that bullschiff site?
Hope they get sued and lose to the point where it only costs Elon the dog schiff off his shoes to buy.

    Stuytown in reply to 4fun. | July 15, 2022 at 1:02 am

    Elon Musk stated that one of the reasons he wanted to buy Twitter was to get rid of the bots. He’s not buying because he offered far too much for the company. He backed out. Him. Not Twitter.

      Dimsdale in reply to Stuytown. | July 15, 2022 at 8:59 am

      Buying Twatter, at any price, is the equivalent of buying one of those sawdust stuffed things they used to pass off as hot dogs at stadiums.

      On the other hand, he is the only one that could tip the scales back to normalcy and away from self appointed censorship.

      geronl in reply to Stuytown. | July 15, 2022 at 10:17 am

      It’s a glorified chat room. It’s never made a profit. Maybe he should offer a couple billion for this websites comment section, lol.

      Milhouse in reply to Stuytown. | July 15, 2022 at 11:02 am

      He backed out because (he claims) Twitter misrepresented the number of bots. If true, which is something that can only be resolved at trial, then Twitter is the one who broke the contract.

    I hope he buys it for $0.01 and shuts it down permanently while keeping the domain open with only one final post, the history of Twitter.

It’s not just sperm counts; there are truckloads of scientific data on these vaccines. But, if you try to publish it, your an “anti-vaxxer”. For example, a Canadian doctor and (in a separate study) a group of German doctors, found evidence of blood clotting in 60% of the vaccinated. There are many more interesting tests which are too many too mention. But just one more, a laboratory in Texas that does cancer screening, found that cancer increased 20 fold among the vaccinated on certain female cancers.

People don’t know, because the info is suppressed.

    The Pfizer research will never see the light of day beyond the incriminating first 500 pages already released. I’ve been vaccinated for several things in my life including polio (big deal when I grew up), small pox, TB, and other things just to get my passport. We used to trust our government to care about public health. But now that these Malthusians have taken over, I can’t see myself ever trusting them again to put a needle in me just on their say so. Given the reports of how fewer and fewer who were vaxxed for Covid are getting the endless boosters, I’m in the great majority. The government has lost public trust across the board and they not only don’t show any evidence that they care. They are treating us like evil, ignorant children.

    The Fourth Reich is upon us. We need to stand our ground individually as more and more people are doing. More than 13% of our military is standing their ground as more than 270,000 are willing to thrown out for refusing to take the poison poke. Same with police across the country and many others on that growing list. And now they are getting ready to shut down the country again heading into the elections.

    Please, do NOT wear the masks! Force them to order you to put on your mask every time and then walk out if they insist. “We don’t have a choice” is not an excuse for anyone, including the establishments that are ordering you to wear them. Everyone! Please stop blindly obeying unconstitutional dictates from anyone! It’s time to stink up the joint about this! It’s in the numbers of us doing it, not how loud or violent we are. It’s time to jump out of the boiling pot of water.

Why did you suspend my account?
Your truth it burns me, take it away!

Explain that to my attorney.
Never mind.

Presumably these suspensions are handed out by some Twitter department of leftist snowflakes and don’t go thru legal first. So once legal got wind of it they told the snowflakes to restore it. The management question is then, what, if any corrective action is taken within Twitter to prevent further inappropriate suspensions? My guess is none whatsoever. No one is fired, no one is counseled about what they did wrong, zip, zero, nada. Twitter execs figures victims most won’t run to a lawyer, so 95% of the time, their censorship holds, This must be what they want, or they would makes changes to avoid it.

Baby Elephant | July 15, 2022 at 8:32 am

I would love for the state AGs to sue Twitter and other social media giants for practicing medicine without a license.

Twitter is a cancer on the body politic.

Steven Brizel | July 15, 2022 at 9:04 am

The bottom line is that if you push back at being bullied by Twitter they back away from suspending you

The key is to not drop the suit because they “corrected” the issue. Force it as a “they’ll do it again” issue in order to force a remedy.

henrybowman | July 15, 2022 at 2:36 pm

Simply yet another “mistake” against someone challenging the official government narrative. Never mind, and not sorry.

Ministry of Truth exists…. its just not codified.

Any vaccine compromises the body for a period of time. Compromises to the body will lower sperm count for a period time. As a guy with half my sperm being lazy SOBs that swim poorly- I’ve had many conversations about “have you been sick recently” while paying a small fortune on IVF.

BTW- might be prepping a lawsuit against our woke school district.

The school gives opt out abilities for virtually anything that might trigger them. We requested our 4th grader be able to opt out of Pride garbage… we were told no. Not by the teacher who originally said yes… but by the principal- who is vindictive axe grinding woke Karen. This gender bending shit was force fed to kindergartners.

Does mentioning obesity as by far the biggest health threat get someone cancelled?

https://www.youtube.com/watch?v=_MmAcnJk9tw

These days, being obese gets you a swim suit model gig on Sports Illustrated. Maybe we should be praising Covid victims as role models too?

    DSHornet in reply to Pasadena Phil. | July 16, 2022 at 8:34 am

    Remember the calendar girls, one for each month? The “calendar girls” we see now (calendar hippopotami?) have enough mass to cover a whole season.
    .

Unfortunately, millions of people don’t have the megaphone he had so get suspended and disappear.