A federal judge ruled that Robert F. Kennedy, Jr. can sue the Biden administration over alleged social media censorship of his Children’s Health Defense charity, which questions the safety of vaccines. The judge stated that Kennedy is likely to succeed in his claim that suppression of content was caused by actions of the government, and there is a substantial risk of similar injury in the near future. The lawsuit alleges that the government pressured social media giants like Facebook, X, and YouTube to censor content it considered misinformation. Critics of the charity have labeled it as “anti-vaccine,” while the U.S. Centers for Disease Control and Prevention has stated that vaccines, including the COVID-19 vaccine, are safe and effective.
The Children’s Health Defense, founded by Kennedy, aims to end childhood health epidemics by eliminating toxic exposure. The general counsel of CHD, Kim Rosenberg, expressed satisfaction with the ruling, referencing a similar case brought against the government, Murthy v. Missouri, in which the court found in favor of the plaintiffs. In that case, the plaintiffs, Republican attorneys general of Missouri and Louisiana, accused the Biden administration of pressuring social media companies to censor certain content but lacked sufficient evidence to prove direct injury or a direct link to the government. The U.S. Supreme Court ruled in a 6-3 decision that companies have a right to moderate their own content.
Supreme Court Justice Amy Coney Barrett explained in the decision that social media platforms have independent incentives to moderate content and often exercise their own judgment. In the Kennedy case, the judge found direct evidence linking the charity’s censorship to the government, leading to the decision that the case will go back to a lower court for review of the injunction. The ruling came just before Kennedy suspended his campaign for the presidential election and endorsed former President Trump. The lawsuit against the government alleging censorship of CHD’s content will continue in the lower court with the injunction under review.
Overall, the case highlights the ongoing debate regarding vaccine safety and the role of social media platforms in moderating content. The outcome of Kennedy’s lawsuit against the Biden administration will have implications for how social media companies handle content related to vaccines and public health. It is essential to balance the right to free speech with the need to prevent the spread of misinformation, particularly in matters related to public health. The ruling in this case underscores the importance of courts in determining the legality of government actions and protecting individuals’ rights to express their beliefs and opinions.
