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Case 1:17-cv-00305-JTN-ESC ECF No. 1-6 filed 04/04/17 PageID.

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Denhollander, et al. v. Aquilina, et al.

Case No. forthcoming



Case 1:17-cv-00305-JTN-ESC ECF No. 1-6 filed 04/04/17 PageID.105 Page 2 of 4

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Affiant, Rachael Denhollander, being duly sworn, deposes, and states:

1. My name is Rachael Denhollander.

2. I am at least 18 years old and of sound mind.

3. I am a victim of sexual abuse by Larry Nassar.

4. I am Victim C in The People of the State of Michigan v. Lawrence Gerard Nassar, in

Ingham County District Court Case Number 17-000425-FY. Three charges of Criminal
Sexual Conduct, First Degree, have been filed by the Michigan Attorney General on my
behalf against Defendant Nassar.

5. I am also a plaintiff in the civil suit Denhollander, et al. v. Nassar, et al., U.S. District
Court for the Western District of Michigan, Case No. 1:17-cv-29.

6. This is my written testimony evidencing that the order entered by the Circuit Court in
Ingham County on March 29, 2017 is an unconstitutional violation of my First Amendment
right to Freedom of Speech.

7. It is my understanding, I, as a victim of Larry Nassar, may be compelled to testify in any

proceeding against him involving a minor.

8. As such, I reasonably believe that I am a potential witness in the case currently before the
court and referenced in the courts restraining order.

9. I have been restrained by the courts order from making statements to the media or any
public statements to third parties, by this order.

10. The inability for I and other victims of Larry Nassar to speak freely causes harm to us as
individuals by unconstitutionally abridging the rights we are guaranteed under the First

11. It is my opinion every athlete who raised concerns about Larry Nassars techniques was
silenced and officials repeatedly insisted Larrys sexual assaults were standard medical

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12. Silencing the victims directly caused harm to me, and to many others, by making it
impossible for us to speak out about our experiences and the actions of Larry Nassar.

13. The Courts gag order is another attempt to silence victims, compounding the damage
already done.

14. I chose to speak publicly with my full identity known to members of the media.

15. When my public statements were disseminated by the media, other women who had been
victimized at Nassars residence came forward to the police.

16. Information has continued to be uncovered as additional victims of Larry Nassar finally
received the information needed for them to feel safe and confident reporting to the police,
as a result of hearing my statements and the statements of other victims.

17. As a victim who could have been spared the devastating pain of repeated sexual assault
had Larry Nassar, MSU and USAG not been the sole voices listened to and heard, I am
deeply distressed to have my freedom to speak taken away and my voice silenced once

18. The order entered against me and the other victims, witnesses, and attorneys covers all
third party disclosures and all public statements outside of direct quotes from the court
record. This leaves me with no way to communicate important information in any
alternative venue.

19. The order which the court entered covered all disclosure of information not currently
available in the court record, and also prohibited any form of commentary when
information from the records were disseminated.

20. It prohibits even the disclosure of information such as my Title IX report, which is public
record and official documentation of an investigation.

21. This order also extends to any form of public communication, even commentary which is
not inflammatory and poses no arguable risk of abridging Defendant Nassars right to a
fair trial.

22. This complete bar on my freedom of speech, far beyond what is necessary to prevent any
abridgment of the defendants rights, is damaging to me as an individual, to victims of
Larry Nassar, and to the ability to bring Larry Nassar to justice

23. As worded, the order prohibits me from speaking about this case to literally any person,
including my own husband, and other private conversations.

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24. I am unable to know with any degree of certainty what persons I may, or may not,
communicate with.

25. Due to the wording used by the court, I cannot reasonably be expected to know with any
degree of certainty what I may or may not say with respect to this case.

26. It is not reasonable to believe or assert that any and all disclosure, private statement, or
public statement, irrespective of how it is worded or phrased, will result in the denial of the
defendants right to a fair trial.

27. I appreciate the importance of the defendants right to a fair trial. However, my right to
free speech is of equal importance.

28. I make these statements on my own free will and volition due to my concerns as noted

29. I state under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on April 3, 2017.

30. Further Affiant sayeth not.

/S/ Rachael Denhollander -original to be filed with the Court _____________

____________________________________ April 3, 2017
Rachael Denhollander Date

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