Aug 9 (Reuters) - Meta Platforms ( META ) defeated an
appeal by Children's Health Defense, an anti-vaccine group
founded by Robert F. Kennedy Jr., challenging its censorship of
Facebook posts that spread misinformation about vaccines'
efficacy and safety.
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 did not immediately respond to
requests for comment. Neither Meta nor lawyers for the Menlo
Park, California-based company immediately responded to similar
requests.
Circuit Judge Daniel Collins, also a Trump appointee,
dissented from Friday's decision, saying that 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 ( META ),
9th U.S. Circuit Court of Appeals, No. 21-16210.