The big tech giant did not violate constitutional rights with its restriction of posts from the organization, a split circuit says.
Meta did not infringe on the constitutional rights of a group dedicated to sharing information about vaccines, a divided federal appeals court has ruled.
Meta, which owns and operates Facebook, has for years been tagging posts from Children’s Health Defense (CHD), a nonprofit group chaired by Robert F. Kennedy Jr. The labels say CHD is spreading false information about vaccines, wireless technology, and other issues. Meta has also removed CHD’s ability to fundraise on Facebook and stopped the group from buying advertisements.
CHD sued, arguing Facebook, with assistance from its so-called fact-checking partners, is violating the U.S. Constitution’s First and Fifth Amendments, as well as federal laws against false promotions and conspiracy.
But a U.S. district judge in 2021 dismissed the case, finding the organization did not provide evidence makings its claims plausible, and a majority of the U.S. Court of Appeals for the Ninth Circuit on Aug. 9 upheld the ruling.
Meta’s actions against CHD stem from the company’s policies, and private companies are largely free to enforce their own policies, according to the court.
“Meta has a First Amendment right to