Biden administration can be sued by RFK Jr. for alleged censorship of charity that questions vaccines, rules judge.

Kennedy suspended his struggling campaign and endorsed Trump just days before the decision.

Biden administration can be sued by RFK Jr. for alleged censorship of charity that questions vaccines, rules judge.
Biden administration can be sued by RFK Jr. for alleged censorship of charity that questions vaccines, rules judge.

On Tuesday, a federal judge ruled that Robert F. Kennedy Jr. can take legal action against the Biden administration for alleged censorship of his Children's Health Defense charity on social media, which challenges the safety of vaccines.

U.S. District Judge Terry Doughty in Louisiana ruled that Kennedy is likely to succeed on his claim that government actions led to the suppression of his content and there is a substantial risk that he will suffer similar injury in the near future.

The government is accused of pressuring social media companies, including Facebook, X, and YouTube, to censor content deemed misinformation.

The organization founded by Kennedy, known as the Children’s Health Defense, aims to "eliminate toxic exposure" and put an end to childhood health epidemics.

A split of Kennedy and Biden
A federal judge ruled Tuesday that Robert F. Kennedy, Jr. can sue the Biden administration over alleged censorship of the Children’s Health Defense, which questions the safety of vaccines on social media.  (Getty)

The U.S. Centers for Disease Control and Prevention has stated that vaccines, including the COVID-19 vaccine, are "safe and effective," while critics of the charity have labeled it "anti-vaccine."

Kim Rosenberg, CHD general counsel, carefully and clearly analyzed the law and facts and applied the framework from the U.S. Supreme Court’s recent decision in Murthy v. Missouri regarding standing, referring to a similar case brought against the government.

"The court determined that plaintiffs had not waived and had in fact asserted direct censorship claims in addition to listener claims."

The Republican attorneys general of Missouri and Louisiana filed a lawsuit against the Biden administration, alleging that it was putting pressure on social media companies to suppress specific content.

The Louisiana court prohibited communication between the government and companies, but the U.S. Supreme Court ruled in a 6-3 decision in June that the plaintiffs lacked sufficient evidence to prove direct harm and found no direct link between the government and censorship, stating that companies have the right to regulate their own content.

kid getting vaccinated
Kennedy's Children's Health Defense charity has questioned the safety of vaccines, which the U.S. Centers for Disease Control and Prevention says are "safe and effective."  (Jeff Kowalsky/AFP via Getty Images)

The decision by Supreme Court Justice Amy Coney Barrett stated that "the evidence suggests that the platforms had their own motivations to regulate content and frequently made their own choices."

The other justices, including John Roberts, Brett Kavanaugh, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson, also voted against the plaintiffs.

RFK Jr. endorses Trump
The decision came just days before Kennedy suspended his struggling presidential campaign and endorsed former President Trump.  (Reuters/Go Nakamura)

Doughty claimed that the government was linked to the charity's censorship in the Kennedy case.

The Washington Examiner reports that the case will be returned to a lower court for review of the injunction.

Kennedy suspended his struggling presidential campaign and endorsed former President Trump just days before the decision.

by Brie Stimson

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