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In a ruling issued on Friday, the 9th U.S. Circuit Court of
Appeals in Pasadena, California, determined that the nonprofit failed to
demonstrate that Meta collaborated with or was pressured by federal authorities
to suppress dissenting views on vaccines that challenge "government
orthodoxy."
Children's Health Defense initiated legal action in 2020,
asserting that Meta infringed upon its constitutional rights by labeling
"vaccine misinformation" as false and revoking its advertising
privileges on Facebook.
Meta's measures included restricting users from sharing
assertions that COVID-19 vaccines are ineffective and directing viewers of
Children's Health Defense posts to the World Health Organization for accurate
information regarding COVID-19.
Circuit Judge Eric Miller, appointed by former Republican
President Donald Trump, articulated for the appeals court that Meta operates as
a "purely private" entity with a First Amendment right to refrain
from promoting perspectives it deems objectionable.
"Meta evidently believes that vaccines are safe and
effective and that their use should be encouraged," Miller stated.
"It does not forfeit the right to advocate for those views simply because
they align with government positions."
The court also dismissed Children's Health Defense's
allegations against the Poynter Institute and Science Feedback, organizations
that assist Meta in assessing the accuracy of Facebook content. Kennedy, an
independent candidate for the U.S. presidency, played a role in supporting
Children's Health Defense's appeal.
In August 2022, Meta removed the group's accounts from both
Facebook and Instagram. Following the ruling, Children's Health Defense
expressed disappointment and is contemplating its legal options.
Its general counsel, Kim Mack Rosenberg, remarked that the
First Amendment "seems hollow" when the only speech that is protected
and amplified "reinforces the prevailing narrative."
Meta and the legal representatives for the company located
in Menlo Park, California, did not promptly reply to inquiries for comments.
Circuit Judge Daniel Collins, who was appointed by Trump, expressed dissent
regarding the ruling, indicating that Children's Health Defense could pursue an
injunction based on its free speech arguments.
He concurred that the other claims, particularly those
seeking monetary compensation, should be dismissed.
The decision rendered on Friday reaffirmed a ruling made in
June 2021 by U.S. District Judge Susan Illston in San Francisco.
The case is identified as Children's Health Defense v Meta
Platforms Inc, 9th U.S. Circuit Court of Appeals, No. 21-16210.