MCViewPoint

Opinion from a Libertarian ViewPoint

9th Circuit: Feds Free to Censor ‘Anti-Vaccine’ ‘Misinformation’ Via Pressure on Social Media Companies

Posted by M. C. on August 21, 2024

What a wild coincidence: one branch of government (judiciary) doesn’t mind another branch of government (executive) doing whatever it likes extraconstitutionally.

That’s called Democracy™, boys and girls, and it’s sacred.

The Daily Bell

By Ben Bartee –

Originally published via Armageddon Prose:

What a wild coincidence: one branch of government (judiciary) doesn’t mind another branch of government (executive) doing whatever it likes extraconstitutionally.

That’s called Democracy™, boys and girls, and it’s sacred.

Via Reuters (emphasis added):

Meta Platforms defeated an appeal by Children’s Health Defense, an anti-vaccine group founded by Robert F. Kennedy Jr., challenging its censorship of Facebook posts that spread misinformation about vaccines’ efficacy and safety.

In a decision on Friday, the 9th U.S. Circuit Court of Appeals in Pasadena, California, said the nonprofit did not show that Meta worked with or was coerced by federal officials to suppress views challenging “government orthodoxy” on vaccines.

Children’s Health Defense sued in 2020, saying that Meta had violated its constitutional rights by flagging “vaccine misinformation” as false, and taking away its right to advertise on Facebook.”

Not being a legal scholar, I’m sure there’s a good answer to this, but I’m not clear: why would CHD sue Meta and not the government for violating its First Amendment rights, when it was at the government’s behest that Meta acted?

Via Children’s Health Defense (emphasis added):

CHD’s suit accused the Centers for Disease Control and Prevention (CDC) and other federal agencies of “privatizing” the First Amendment by teaming up with Facebook to censor speech which, “under the Bill of Rights, the Government cannot censor.”

According to the lawsuit, filed in August 2020 — and amended in December 2020 — the CDC and the World Health Organization “collaborated closely with Facebook to suppress vaccine safety speech by using a ‘warning label’ and other similar types of notices which, while purporting to flag misinformation, in reality censor valid and truthful speech, including content posted by plaintiff on its Facebook page regarding vaccines.”

This collaboration amounted to “state action” and was in violation of the First Amendment, CHD said

See the rest here

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