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Tuesday, June 25, 2024 | Back issues
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Robert Kennedy Jr. sues Meta over ‘censored’ campaign video

Robert F. Kennedy Jr. claims that Meta blocked users on its platforms from sharing or posting a 30-minute ad for the independent presidential candidate.

SAN FRANCISCO (CN) — Independent U.S. Presidential candidate Robert F. Kennedy Jr. sued Meta and Mark Zuckerberg Monday morning, claiming that Meta is interfering in the presidential election after it blocked one of Kennedy’s advertisements on its social media platforms.

In the complaint filed in San Francisco federal court, Kennedy — joined by American Values 2024, a Super PAC that supports him — claims that Meta censored a 30-minute video advertisement about his life on Facebook, Instagram and other Meta-owned platforms by blocking users on those platforms from watching, sharing or linking to the video. When users attempted to share or discuss the video, Kennedy claims that Meta suspended or banned the accounts.

The video, titled “Who is Bobby Kennedy” and narrated by actor Woody Harrelson, dives into Kennedy’s background as a lawyer as well as his controversial skepticism about the effectiveness of the Covid-19 vaccine and pandemic-era lockdowns.

“If supporters of all candidates do not have equal access to the digital public square, then we have a democracy in name only,” Kennedy said in a press release posted by his campaign. “This goes beyond restricting freedom of expression on issues and ideas. Meta is censoring a biographical film about a major candidate in an election year. How can voters make an informed choice if they are denied basic information about a candidate’s life?”

Kennedy claims that the banning or suspension of users attempting to share the video violates civil rights laws that prohibits people or entities from conspiring to threaten, intimidate or force citizens to abstain from lawful political speech in support of a federal candidate.

In addition to Instagram and Facebook, Meta owns Threads, an alternative to X, and WhatsApp, the most popular messaging app in the world, with nearly 3 billion active users monthly.

“This case raises important issues about censorship of political candidates by social media giants like Meta,” said Rick Jaffe, Kennedy’s attorney, in a statement. “I have no doubt this case will set a precedent as Americans increasingly rely on social media to form their opinions and values."

Kennedy is seeking compensatory and punitive damages as well as an injunction barring Meta from limiting users’ ability to share or post the video ad.

In the complaint, Kennedy claims that Meta began censoring the video almost immediately after it was posted on May 3. Meta told news outlets that it reversed the ban on May 5, but Kennedy claims that Meta is still “continuing to throttle, de-boost, demote and shadow-ban the film.”

Meta did not respond to requests for comment on Monday's lawsuit, but told Forbes last week that the advertisement was blocked by mistake and “was quickly restored once the issue was uncovered.”

American Values 2024, the super PAC that sued Meta along with Kennedy, paid for the video advertisement. Kennedy did not respond to a request for further comment.

The complaint cited pending U.S. Supreme Court case, Murthy v. Missouri, which involves claims that the Biden administration coerced social media companies to ban anti-vaccine content.

“Defendants seem to believe that they can with legal impunity issue threats to their users and deploy their vast power of censorship, account-suspension, and de-platforming in order to favor or target the presidential candidate of their choice," Kennedy says in the complaint.

Kennedy claims that Meta’s actions violated his and users' First Amendment rights to free speech, and said that the federal government’s efforts to curb Covid-19 misinformation during the pandemic led to Meta’s Covid-19 misinformation policies, which are "the product of government coercion, significant encouragement and close collusion.”

Meta’s Covid-19 misinformation rules are no longer in place in the United States, after the public health emergency expired last year.

Kennedy dropped out of the democratic presidential primary last year to run as an independent candidate. He previously sued Google in San Francisco federal court in August 2023 over claims Google worked with the Biden administration to remove videos of him questioning the safety and efficacy of the Covid-19 vaccines.

The federal judge in that case denied Kennedy’s motion for a preliminary injunction, which he appealed to the U.S. Court of Appeals for the Ninth Circuit. Oral arguments for the appeal are scheduled for Tuesday.

Categories / Elections, First Amendment, Politics, Technology

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