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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.
Meta's actions included prohibiting users from sharing claims
that COVID-19 vaccines don't work, and referring viewers of
Children's Health Defense posts to the World Health Organization
for facts about COVID-19.
Circuit Judge Eric Miller, appointed to the court by Republican
former President Donald Trump, wrote for 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 distasteful.
"Meta evidently believes that vaccines are safe and effective
and that 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 rejected Children's Health Defense's claims
against the Poynter Institute and Science Feedback, which help
Meta evaluate the accuracy of Facebook content.
Kennedy, an independent U.S. presidential candidate, helped
argue Children's Health Defense's appeal. Meta removed the
group's accounts from Facebook and Instagram in August 2022.
Children's Health Defense said it was disappointed with the
decision and considering its legal options.
Its general counsel Kim Mack Rosenberg said the First Amendment
"seems hollow" when the only speech protected and heard
"reinforces the prevailing narrative."
Meta and lawyers for the Menlo Park, California-based company
did not immediately respond to requests for comment.
Circuit Judge Daniel Collins, also a Trump appointee, dissented
from the decision, saying Children's Health Defense could seek
an injunction on its free speech claims. He agreed that its
other claims, including for monetary damages, should be
dismissed.
Friday's decision upheld 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.
(Reporting by Jonathan Stempel in New York; Editing by Leslie
Adler and Shri Navaratnam)
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