Meta Platforms (NASDAQ:META) has won an appeal against Children’s Health Defense, an anti-vaccine group established by Robert F. Kennedy Jr., which had contested Meta’s moderation of Facebook posts that spread misinformation about vaccine effectiveness and safety. On Friday, the 9th U.S. Circuit Court of Appeals in Pasadena, California, ruled that the nonprofit failed to prove that Meta Platforms collaborated with or was pressured by federal officials to suppress views opposing government positions on vaccines.
Children’s Health Defense filed the lawsuit in 2020, alleging that Meta Platforms violated its constitutional rights by labeling “vaccine misinformation” as false and restricting its ability to advertise on Facebook. Meta’s measures included banning the sharing of claims that COVID-19 vaccines were ineffective and directing users to the World Health Organization for accurate information about COVID-19.
Circuit Judge Eric Miller, appointed by former President Donald Trump, stated that Meta Platforms is a “purely private” entity with a First Amendment right to exclude views it deems objectionable. Judge Miller noted that Meta Platforms supports the safety and efficacy of vaccines and believes in promoting those views, irrespective of their alignment with government perspectives.
The court also dismissed Children’s Health Defense’s claims against the Poynter Institute and Science Feedback, organizations that assist Meta Platforms in assessing the accuracy of Facebook content. Robert F. Kennedy Jr., an independent U.S. presidential candidate, participated in arguing the appeal for Children’s Health Defense. In August 2022, Meta Platforms removed the group’s accounts from Facebook and Instagram.
Children’s Health Defense has not yet responded to requests for comment. Neither Meta nor its legal representatives have provided comments either.
Circuit Judge Daniel Collins, also a Trump appointee, dissented from the decision, suggesting that Children’s Health Defense could pursue an injunction for its free speech claims. He concurred that the other claims, including for monetary damages, should be dismissed. The decision affirms a June 2021 ruling by U.S. District Judge Susan Illston in San Francisco. 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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