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Robert F Kennedy Jr is taking on Google in court, alleging the tech giant is suppressing his views on vaccines and other topics.
This lawsuit has significant implications for online speech and censorship.
Google has been accused of using its algorithm to demote Kennedy's articles and websites, making them less visible to users.
As a result, Kennedy is seeking damages and an injunction to force Google to change its practices.
Google's Position
Google is asking a federal appellate court to reject Robert F. Kennedy Jr.'s attempt to revive claims that YouTube violated his First Amendment rights by removing clips that violated its policies against medical misinformation.
The company argues that Kennedy's new appeal is "materially indistinguishable" from his prior effort to force YouTube to restore the clips.
Google claims it is a private company and not a state actor, which means it can suppress content without violating the First Amendment.
The company points out that the 9th Circuit Court of Appeals already sided against Kennedy on this issue once, ruling in August that he wasn't entitled to a preliminary injunction to restore the videos.
Google argues that Kennedy failed to identify any threatening or coercive communication from a federal official to the company.
The company also claims that its content moderation policies are its own, not something imposed by statute or regulation.
Google is asking the 9th Circuit to summarily reject Kennedy's appeal, stating that the court has already considered the facts and arguments and concluded that they are insufficient to show that Google engaged in state action.
Google notes that it does not exercise any government-conferred authority when it decides what content is allowed on its own platforms.
Court Documents
In Robert F. Kennedy Jr. vs Google court documents, a federal appellate court already sided against Kennedy once, ruling in August that he wasn't entitled to a preliminary injunction that would have forced YouTube to restore his videos.
The 9th Circuit Court of Appeals upheld a trial judge's finding that Kennedy was unlikely to prevail with his First Amendment claim because Google is a private company.
Google is now arguing that Kennedy's new appeal should be dismissed because it is "materially indistinguishable" from his prior effort to force YouTube to restore the clips.
A key issue in the case is whether Google is a state actor, which would mean it acted as a government agent and the First Amendment applies. Kennedy previously argued that Google's medical misinformation policy relied on "government sources", such as the World Health Organization and local health authorities.
However, the appellate court rejected that argument, writing that Kennedy failed to identify "any threatening or coercive communication, veiled or otherwise", about him from a federal official to Google.
Here's a breakdown of the court's decision:
The court argued that Google is a private company and doesn't exercise any government-conferred authority when it decides what content is allowed on its own platforms.
Robert F. Kennedy Jr.'s Action
Robert F. Kennedy Jr.'s action against Google is a pivotal moment in the history of online censorship. He filed a lawsuit against Google in 2022, alleging that the company was suppressing his online content.
The lawsuit claims that Google's algorithm was biased against Kennedy's work, making it harder for his articles to be seen by the public. This is a serious accusation that could have far-reaching implications for online freedom of speech.
Kennedy's action is not just about his own work, but also about the rights of others who may be affected by Google's alleged censorship. He is seeking justice and accountability from the tech giant.
The lawsuit also raises questions about the role of algorithms in shaping public opinion and the potential for bias in these systems. This is a critical issue that deserves to be explored and addressed.
Kennedy's determination to take on Google is a testament to his commitment to truth and transparency. He is not one to shy away from a fight, especially when it comes to issues that matter deeply to him.
Sources
- https://www.courtlistener.com/docket/67660387/kennedy-jr-v-google-llc/
- https://www.courtlistener.com/docket/67754922/robert-kennedy-jr-v-google-llc/
- https://www.mediapost.com/publications/article/401020/google-urges-court-to-reject-rfk-jr-appeal-over-a.html
- https://www.law360.com/cases/6571a5114eba83936c7d8982
- https://communicationslitigationtoday.com/article/2023/08/11/rfk-jr-files-for-temporary-restraining-order-vs-google-in-1st-amendment-case-2308100056
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