RFK Jr. cleared to take on Biden censorship after Supreme Court punted issue
By
Kaelan Deese
August 24, 2024 7:00 am
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A Louisiana district court ruled this week that Robert F. Kennedy Jr. and his charity Children’s Health Defense have the legal right to sue the Biden administration for allegedly pressuring tech giants to censor their social media posts.
The decision marks the latest major development in anti-censorship litigation, following the June Supreme Court ruling in Murthy v. Missouri, where a 6-3 majority struck down a similar injunction against the Biden administration, saying that the plaintiffs lacked standing due to insufficient evidence of direct injury caused by the government’s actions.
In the Murthy case, the Supreme Court determined that the plaintiffs, two states and five social media users, could not directly tie any content moderation to the government. The court also found that the plaintiffs failed to show a substantial risk of future injury that could be attributed to government actions, a requirement necessary to establish legal standing.
But in the Kennedy v. Biden case, U.S. District Judge Terry Doughty, nominated by former President Donald Trump, issued a decision late on Tuesday, concluding that Kennedy and CHD, a charity labeled by critics as “anti-vaccine,” met the criteria for standing.
“The Court finds that Kennedy is likely to succeed on his claim that suppression of content
posted was caused by actions of Government Defendants, and there is a substantial risk that he will suffer similar injury in the near future,” Doughty wrote in a 20-page decision.
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https://www.washingtonexaminer.com/news/justice/3132627/rfk-jr-cleared-take-on-biden-censorship-after-supreme-court-punted/
