Robert F. Kennedy Jr., Childrens Health
Defense founder and chairman on leave, this week filed
a lawsuit
against YouTube and its parent company, Google, alleging
the social media giant violated his First Amendment rights.
According to Kennedy, who is running for the Democratic
nomination for president of the U.S., YouTube engaged in a
censorship campaign that included removing videos of
his speech
at Saint Anselm College in New Hampshire and interviews he
did with clinical psychologist Jordan
Peterson and podcaster
Joe Rogan.
The complaint, filed Aug. 2 in the U.S. District Court for the
Northern District of California, alleges the U.S. government has
taken extraordinary steps under Joe Bidens leadership to silence
people it does not want Americans to hear, including himself and
many others.
That censorship makes it difficult for Kennedy to reach millions
of voters and also for his supporters to amplify his message, the
complaint says.
The lawsuit predicts the censorship will continue throughout
Kennedys campaign, intensifying as the primaries approach.
Mr. Kennedy often speaks at length about topics people would
like to ignore, including the negative health effects
of toxic
chemicals and potential safety concerns about
the COVID-19 shots,
the complaint reads. Then YouTube uses its medical misinformation
policies developed in partnership with federal government agencies
and the Biden administration to justify removing his videos.
In doing so, the platform censored not only Kennedys comments on
medical issues, but the entire content of his speeches and
interviews, according to the suit.
Although YouTube is a private company, it is not simply a
publisher, the complaint alleges it has become an important
platform for political discourse in America, a digital town square
that voters trust as a place to get news and opinions about the
issues of the day.
According to the complaint:
YouTube operates as a public forum, the digital equivalent of a
town square. As such, it cannot remove protected speech, especially
political speech, based on its viewpoint.
There is a sufficiently close nexus between YouTube and the
federal government such that YouTubes actions may be fairly treated
as that of the government itself.
Although YouTube cited its own COVID-19 vaccine misinformation
policies to censor Kennedy, those policies rely entirely on
government officials to decide what information gets censored,
according to the lawsuit.
For example, the suit says YouTube doesnt allow content that
contradicts local health authorities (LHA) or the World Health
Organizations (WHO) medical information about COVID-19, and the
guidance on those policies only changes based on government
decisions.
Kennedy also called YouTubes medical misinformation policies
unconstitutional because they are vague and overbroad and because
they give unnamed government officials, who the policies depend
entirely on, the unfettered discretion to decide what information
gets removed from YouTube.
Kennedy is seeking injunctive relief to prohibit YouTube from
further censoring his speech, and the restoration of any videos of
his political speech removed during the campaign.
Kennedy also seeks a declaration that Google and YouTube
violated his First Amendment rights and that its medical
disinformation policies are unconstitutional.
Brenda Baletti Ph.D. is a reporter for The Defender. She
wrote and taught about capitalism and politics for 10 years in
the...