Nick Loeb has made a move so desperate in his frozen embryo custody battle with Sofia Vergara, it would make the founding fathers roll over in their graves.

After pulling his original lawsuit for refusing to name two ex-girlfriends who had abortions, setting up a trust so that the embryos themselves could sue Vergara, and being countersued by the actress for breach of the contract that requires two-party consent to bring their embryos to term, Loeb is now accusing Vergara of violating his first amendment rights.

According to The Daily Mail, Loeb's lawyers are aiming to have Vergara's countersuit (which would effectively end Loeb's ability to continue his pursuit of the embryos) thrown out by claiming that the filing is violating his right to freedom of speech.

nick loeb embryos
photo: Splash

How sway?!

Vergara is against bringing the embryos they created to term because the couple broke up in 2014.

sofia vergara
photo: Splash

“A kid needs parents,” Vergara told Howard Stern in a 2015 interview. “I wouldn’t imagine anyone saying that it’s sane to bring [into] the world kids that are already set up [with] everything wrong for them. It would be so selfish.”

According to The Daily Mail, the lawsuit states that "the sole purpose of Plaintiff's [Vergara] complaint is to punish Loeb for, and prevent him from engaging in, protected speech by initiating legal proceedings to establish and exercise his legal rights to Female Embryos."

nick loeb sofia vergara
photo: Splash

So then, trying to stop a lawsuit that you believe is wrong means you're violating the freedom of speech of the person suing you?

We don't think any judge would want to set that precedent, but we'll have to wait and see.

sofia vergara ex
photo: Splash

For now, Loeb team's deserves an award for bottomless creativity. You can't knock them for that.