File Photo: Mark Zuckerberg: Founder and CEO of Meta (formerly Facebook)
Children’s Health Defense, a Robert F. Kennedy Jr.-founded anti-vaccine group, attempted to have Meta Platforms overrule its censorship of Facebook posts that spread false information about the safety and efficacy of vaccines.
The 9th U.S. Circuit Court of Appeals in Pasadena, California, ruled on Friday that the nonprofit failed to demonstrate that Meta was either coerced by federal officials or worked with them to suppress views that challenged “government orthodoxy” on vaccines.
In 2020, Children’s Health Defense filed a lawsuit against Meta, alleging that it had violated its constitutional rights by falsely flagging “vaccine misinformation” and denying it the ability to advertise on Facebook.
The actions of Meta included preventing users from sharing claims that COVID-19 vaccines are ineffective and directing viewers of Children’s Health Defense posts to the World Health Organization for information on COVID-19.
Republican former President Donald Trump appointed Circuit Judge Eric Miller to the bench, and he argued on behalf of the appeals court that Meta was a “purely private” company with a First Amendment right not to use its platform to promote views it found offensive.
“Meta evidently believes that vaccines are safe and effective and that their use should be encouraged,” according to Miller. “Just because the government happens to share those views does not mean it loses the right to promote them.”
The court also denied Children’s Health Defense’s claims against the Poynter Institute and Science Feedback, which assist Meta in assessing the accuracy of Facebook content.
Kennedy, an independent candidate for the presidency of the United States, contributed to the argument in favor of Children’s Health Defense. In August 2022, the group’s accounts on Facebook and Instagram were opened in a new tab after the meta was removed.
Children’s Health Defense expressed its disappointment with the decision and is currently evaluating its legal options.
Kim Mack Rosenberg, the organization’s general counsel, stated that the First Amendment appears “empty” when the sole speech that is protected and heard “corroborates the dominant narrative.”
Meta and the attorneys representing the Menlo Park, California-based organization did not promptly respond to inquiries for comment.
The decision was dissented from by Circuit Judge Daniel Collins, who is also a Trump appointee. Collins stated that Children’s Health Defense could pursue an injunction on its free speech claims. He concurred that its other claims, which included those for monetary damages, should be dismissed.
The ruling of U.S. District Judge Susan Illston in San Francisco from June 2021 was upheld by Friday’s decision.
The case is Children’s Health Defense v. Meta Platforms Inc., 9th U.S. Circuit Court of Appeals, No. 21-16210.
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