Children’s Health Defense (CHD), led by Robert F. Kennedy Jr., plans to ask the Supreme Court to revive a lawsuit accusing Meta Platforms of improperly suppressing its content. The group, known for its vaccine criticism, petitioned Justice Elena Kagan for an extension, pushing their filing deadline to January 6, 2025.
CHD’s lawsuit, originating in August 2020, claims Meta’s Facebook deactivated its fundraising tool and blocked its ad agency from purchasing ads. Facebook also allegedly labeled CHD’s vaccine-related posts as false, restricted, or banned content. CHD argues Meta acted as a “state actor” by collaborating with the government to suppress its speech, citing a 2019 letter from Rep. Adam Schiff urging Facebook to curb anti-vaccine misinformation.
A U.S. District Court dismissed the case in 2021, and the 9th Circuit Court upheld the decision in August 2023. Judge Eric Miller, a Trump appointee, ruled Meta has the right to control content on its platform, while Judge Daniel Collins dissented, supporting CHD’s request for an injunction against Meta.
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