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Court Allows RFK Jr. to Sue Biden for Unconstitutional Censorship

Posted by: ericzuesse@icloud.com

Date: Friday, 23 August 2024

https://ericzuesse.substack.com/p/court-allows-rfk-jr-to-sue-biden

https://theduran.com/court-allows-rfk-jr-to-sue-biden-for-unconstitutional-censorship/




Court Allows RFK Jr. to Sue Biden for Unconstitutional Censorship


Eric Zuesse (blogs at https://theduran.com/author/eric-zuesse/)


On August 20th, a District Court Judge who had received from the U.S. Supreme Court the responsibility to determine whether or not Robert F. Kennedy Jr. and his Children’s Health Defense have “standing” to proceed with their case against the Biden Administration for imposing censorship upon the press (in this case, by pressuring  social media to censor them) in violation of the First Amendment to the U.S. Constitution, ruled that he and they do have such “standing,” and that the Supreme Court must consider the case. (The Supreme Court had earlier declined to hear the case unless the lower Court would find that the plaintiffs in this case do possess “standing.” In a seemingly similar case on June 26th, the Supreme Court itself had ruled that the plaintiffs did not possess the “standing” to sue. The Supreme Court has In most cases that are presented, ruled that the plaintiffs do not to possess the “standing” to sue.)


This decision by the District Court lays out a prima facie case that there indeed is and has been unConstitutional censorship against the plaintiffs on the part of the Biden Administration. 


Here, in crucial excerpts, is a summary of the District Court’s August 20th ruling:


https://web.archive.org/web/20240823020833/https://storage.courtlistener.com/recap/gov.uscourts.lawd.198699/gov.uscourts.lawd.198699.56.0.pdf

https://web.archive.org/web/20240823021616/https://childrenshealthdefense.org/wp-content/uploads/Kennedy-v-Biden-Standing.pdf

ROBERT F KENNEDY JR ET AL VERSUS JOSEPH R BIDEN JR ET AL

Judge Terry A. Dougherty, U.S. District Court, Western District of Louisiana, 20 August 2024

“Three days after President Biden took office, on January 23, 2021, Clarke Humphrey (“Humphrey”), Digital Director at the White House for the COVID-19 Response Team, emailed Twitter, requesting the removal of an anti-COVID-19 tweet by Kennedy.21” 

“In February 2021, Flaherty began sending emails to Facebook to remove “dubious, but not provably false” claims about COVID-19.24 Facebook responded that “vaccine-skeptical” content did not violate Facebook’s policies,25 but even though it did not violate Facebooks’ policies, Facebook agreed to have the content’s distribution reduced and to add strong warning labels.26” 

“On March 1, 2021, Flaherty and Humphrey participated in a meeting with Twitter about misinformation. After the meeting, Twitter representative Todd O’Boyle emailed three White House officials to assure the White House that Twitter would increase censorship of “misleading information.”28” 

“The White House continued to pressure Facebook, and on March 21, 2021, after Facebook had an in-person meeting with White House officials, including Flaherty, Facebook provided a report to the White House that stated in addition to removing vaccine misinformation, it was now focused on reducing the virality of content discouraging vaccines that did not contain actionable misinformation.31” 

“In July 2021, the White House put its pressure campaign to censor COVID-19 misinformation by the “Disinformation Dozen” into high gear.” 

“There is ample evidence in the record showing that Kennedy has been directly censored in the past. Not only was he a part of the alleged “Disinformation Dozen,” which was repeatedly flagged and/or censored at the behest of numerous Defendants, but he was also censored for his anti-vaccine and anti-COVID-19 rhetoric. Therefore, Kennedy has more than satisfied the first element for Article III standing.” 

“The analysis does not stop there, though.” 

“There is a risk of a real and immediate threat of repeated injury. For these reasons, the Court finds that Kennedy has Article III standing to pursue his Preliminary Injunction. (ii) C.” 

“CHD submitted the Declaration of Mary S. Holland,77 the Chief Executive Officer of CHD. Holland declared that not only has CHD been subject to past censorship but is also undergoing present ongoing censorship.” 

“In conclusion, and for the reasons set forth herein, and in accordance with the limited remand of the United States Court of Appeals for the Fifth Circuit, this Court finds that Plaintiffs Robert F. Kennedy, Jr. and Childrens Health Defense have Article III Standing.”


—————


Investigative historian Eric Zuesse’s latest book, AMERICA’S EMPIRE OF EVIL: Hitler’s Posthumous Victory, and Why the Social Sciences Need to Change, is about how America took over the world after World War II in order to enslave it to U.S.-and-allied billionaires. Their cartels extract the world’s wealth by control of not only their ‘news’ media but the social ‘sciences’ — duping the public.


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