Meta wins appeal against anti-vaccine group

Meta Platforms (META.O) has successfully defended against an appeal by Children’s Health Defense (CHD), an anti-vaccine group founded by Robert F. Kennedy Jr., challenging Meta’s censorship of Facebook posts containing vaccine misinformation. The 9th US Circuit Court of Appeals in Pasadena, California, ruled that CHD did not prove Meta was influenced or coerced by federal officials to suppress anti-vaccine content, upholding a June 2021 decision by US District Judge Susan Illston.

CHD sued Meta in 2020, claiming its constitutional rights were violated when Meta flagged ‘vaccine misinformation’ as false and restricted the group’s advertising on Facebook. Meta argued its actions were part of efforts to curb the spread of COVID-19 vaccine misinformation, including prohibiting claims that the vaccines are ineffective and directing users to authoritative sources like the World Health Organisation for accurate information.

Circuit Judge Eric Miller, appointed by former President Donald Trump, emphasised that Meta, as a private company, has the right under the First Amendment to regulate content on its platform and promote its views on vaccine safety and efficacy, even if they align with the government’s stance. The court also dismissed claims against the Poynter Institute and Science Feedback, which help Meta evaluate content accuracy.

Children’s Health Defense expressed disappointment with the ruling and is considering further legal actions. Circuit Judge Daniel Collins dissented partially, suggesting that CHD could seek an injunction on free speech claims. However, he agreed other claims, such as those for monetary damages, should be dismissed. The decision underscores the ongoing debate around content moderation and free speech in the digital age.