A recent Louisiana district court ruling has paved the way for Robert F. Kennedy Jr. and his charity, Children’s Health Defense, to sue the Biden administration for allegedly influencing tech companies to censor their social media content. This decision comes after the Supreme Court’s June ruling in Murthy v. Missouri where a similar case was dismissed due to lack of standing.
In the Murthy case, the Supreme Court found that the plaintiffs failed to prove a direct link between government actions and content moderation on social media platforms. However, in the Kennedy v. Biden case, U.S. District Judge Terry Doughty ruled that Kennedy and his charity had met the criteria for standing, citing evidence of direct censorship due to government interference.
Doughty’s decision highlighted instances where Kennedy and CHD were targeted by the government for their views on COVID-19 related issues. The ruling is seen as a win for the plaintiffs in their fight against censorship and misinformation suppression on social media.
Now, the case moves back to the 5th Circuit for further review, potentially setting a precedent for future anti-censorship litigation. The ruling not only acknowledges the impact of government actions on social media communication but also addresses the complexities of evidence needed to establish legal standing in such cases.
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