In a ruling that could have broad implications for free speech, a federal judge has allowed Robert F. Kennedy Jr. to proceed with his lawsuit against the Biden administration over alleged censorship. U.S. District Judge Terry Doughty determined that Kennedy and his nonprofit, Children’s Health Defense (CHD), have shown enough evidence to support claims that the government pressured social-media platforms to suppress their content.
Kennedy’s lawsuit argues that his viewpoints on COVID-19, particularly regarding vaccines and mandates, were systematically silenced under government directives. The judge noted that there is a strong likelihood that Kennedy and CHD were victims of unconstitutional censorship, as government officials allegedly urged platforms like Facebook and Twitter to take action against content they labeled as misinformation.
One key piece of evidence cited in the ruling involved a 2021 email from a White House official to Twitter requesting the removal of a tweet from Kennedy. The judge also pointed out that Facebook acknowledged reducing the visibility of CHD’s posts even though they didn’t violate the platform’s policies.
Judge Doughty’s decision follows the Murthy v. Missouri case, where the Supreme Court rejected a similar censorship challenge due to a lack of standing. In contrast, the judge in Kennedy’s case found that both Kennedy and CHD continue to face censorship risks, which could harm Kennedy’s 2024 presidential campaign.
This ruling is seen as a significant step in the ongoing battle over government involvement in online speech regulation. Kennedy’s legal team expressed confidence that the case could set a precedent for protecting free speech from government interference, particularly in the context of political campaigns.