Meta Platforms Wins Appeal Against Children's Health Defense

Meta Platforms, Facebook’s parent company, won an appeal against Children’s Health Defense (CHD), an anti-vaccine group founded by Robert F. Kennedy Jr.

The case centered on CHD’s claim that Meta censored its Facebook posts, which spread misinformation about vaccine efficacy and safety.

Court’s Decision:

On Friday, the 9th U.S. Circuit Court of Appeals in Pasadena, California, ruled against CHD, stating that the nonprofit failed to demonstrate that Meta collaborated with or was coerced by federal officials to suppress views challenging the “government orthodoxy” on vaccines.

Children’s Health Defense initially sued Meta in 2020, alleging that the company violated its constitutional rights by flagging its “vaccine misinformation” as false and revoking its advertising privileges on Facebook. Meta’s actions included blocking users from sharing claims that COVID-19 vaccines were ineffective and directing viewers of CHD posts to the World Health Organization for accurate information about COVID-19.

Judicial Opinion:

Circuit Judge Eric Miller, appointed by former President Donald Trump, wrote for the appeals court, emphasizing that Meta is a “purely private” company with the First Amendment right to choose not to promote views it finds distasteful. “Meta believes that vaccines are safe and effective and their use should be encouraged,” Miller wrote. “It does not lose the right to promote those views simply because they happen to be shared by the government.”

The court also dismissed CHD’s claims against the Poynter Institute and Science Feedback, organizations that assist Meta in evaluating the accuracy of Facebook content.

Children’s Health Defense’s Response:

Robert F. Kennedy Jr., who is running as an independent U.S. presidential candidate, helped argue CHD’s appeal. The group expressed disappointment with the court’s decision and is considering its legal options. CHD’s general counsel, Kim Mack Rosenberg, criticized the ruling, stating that the First Amendment “seems hollow” when only speech that “reinforces the prevailing narrative” is protected.

Meta Stance:

Meta, which removed CHD’s accounts from Facebook and Instagram in August 2022, has not yet responded to requests for comment following the ruling.

Circuit Judge Daniel Collins, another Trump appointee, dissented from the majority opinion, arguing that CHD should be allowed to seek an injunction on its free speech claims. However, he agreed that the group’s other claims, including those seeking monetary damages, should be dismissed.