Meta Triumphs in Censorship Lawsuit Filed by RFK Jr.’s Anti-Vaccine Organization, Reports Reuters

Meta Platforms Prevails in Appeal Against Anti-Vaccine Group

By Jonathan Stempel

Meta Platforms has successfully defeated an appeal from Children’s Health Defense, an anti-vaccine organization established by Robert F. Kennedy Jr., regarding its moderation of Facebook posts that disseminated misinformation about vaccines’ safety and effectiveness.

In a ruling issued on Friday, the 9th U.S. Circuit Court of Appeals in Pasadena, California, found that the nonprofit failed to demonstrate that Meta either collaborated with or was pressured by federal officials to restrict viewpoints that contradicted "government orthodoxy" on vaccines.

Children’s Health Defense filed a lawsuit in 2020, alleging that Meta infringed on its constitutional rights by labeling "vaccine misinformation" as false and revoking its ability to advertise on Facebook.

The actions taken by Meta included blocking users from sharing assertions that COVID-19 vaccines are ineffective and directing viewers of Children’s Health Defense content to the World Health Organization for accurate information regarding COVID-19.

Circuit Judge Eric Miller, appointed by former President Donald Trump, stated in the court’s opinion that Meta operates as a "purely private" entity with a First Amendment right to refrain from using its platform to promote opinions it finds objectionable.

"Meta evidently believes that vaccines are safe and effective and that their use should be encouraged," Miller remarked. "It does not lose the right to promote those views merely because they align with government perspectives."

The court also dismissed Children’s Health Defense’s claims against the Poynter Institute and Science Feedback, organizations that assist Meta in assessing the accuracy of content on Facebook.

Kennedy, an independent candidate for the U.S. presidency, participated in advocating for Children’s Health Defense’s appeal. In August 2022, Meta had removed the organization’s accounts from both Facebook and Instagram.

Following the ruling, Children’s Health Defense expressed disappointment and mentioned that it is exploring its legal options. Kim Mack Rosenberg, the group’s general counsel, stated that the First Amendment feels "hollow" when only speech that supports the dominant narrative is protected.

Meta and its legal representatives did not provide immediate comments on the situation.

Circuit Judge Daniel Collins, another Trump appointee, voiced dissent regarding the decision, suggesting that Children’s Health Defense should be allowed to pursue an injunction concerning its free speech claims, although he concurred that its other assertions, including those for monetary damages, should be dismissed.

Friday’s ruling upheld a prior decision made by U.S. District Judge Susan Illston in San Francisco in June 2021.