Court Sides with Meta, Dismisses RFK Jr.’s Children’s Health Defense Lawsuit Over Vaccine Post Suppression

A federal appellate panel upheld the dismissal of a lawsuit by Robert F. Kennedy Jr.’s Children’s Health Defense against Meta Platforms, which claimed the company violated the First Amendment by suppressing its vaccine-related posts. The panel ruled that Meta, as a private entity, has the constitutional right to exercise editorial control over its platform’s content.

Judge Eric Miller of the 9th Circuit Court, appointed by Trump, stated, “Meta has a First Amendment right to promote views it finds congenial and refrain from promoting views it finds distasteful.” This decision supports a 2021 ruling by U.S. District Court Judge Susan Illston.

Children’s Health Defense argued that Meta acted as a “state actor” due to alleged government pressure, particularly citing a letter from Congressman Adam Schiff urging Facebook to tackle anti-vaccine content. However, the panel found no evidence of coercion.

Judge Daniel Collins dissented, believing the case should proceed, suggesting Meta’s government interactions could implicate the First Amendment.

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