The suit alleges that the amount of pressure to censor people online has increased under President Joe Biden. Other examples of this behavior can be seen with regards to reporting critical evidence of COVID-19 vaccines.
RFK Jr. has similarly been critical of COVID-19 vaccinations, and recently appeared on the Joe Rogan Experience to discuss the topic. After criticism from a vaccination advocate Peter Hotez, Rogan challenged Hotez to debate RFK Jr.
In the suit, the interview with Rogan, as well as one with Jordan Peterson, are implicated as evidence for RFK's censorship. YouTube removed both videos from its platform after RFK declared his candidacy for president. "[A]lthough YouTube has cited its medical misinformation policies to justify these decisions, it has removed the entire video of Mr. Kennedy speaking," the suit says.
The lawsuit cites the "Cybersecurity and Infrastructure Security Agency Act of 2018" as a major part of collaboration between the federal government and big tech companies. According to the agency, its mission "requires effective coordination and collaboration among a broad spectrum of government and private sector organizations.”
The suit alleges the actions by YouTube and its parent company, Google, to censor RFK have been "unlawful" because, under the first amendment, speech must be proteced both from direct government interference and when government "works behind the scenes to censor its critics through otherwise private actors."
The suit says that some of the "collaboration between YouTube and the federal government included developing misinformation policies like the one YouTube has used, and will continue to use, to censor statements that Mr. Kennedy makes in the 2024 presidential campaign."
It also says that the "COVID vaccine misinformation policies" that have censored RFK were inspired by the government, as the policy states misinformation is anything that "contradicts WHO or local health authorities’ guidance" on the different facets of treatment and prevention of the illness.
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