Robert F. Kennedy, Jr. v. Google Alleges First Amendment Violations via YouTube Censorship as a State Actor

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This has been such a depressing election season that the blockbuster lawsuit filed by Robert F. Kennedy, Jr. on Friday night is a welcome surprise. It also means that RFK, Jr. will be discomfiting the Biden Administration and the censorship apparatus long after his quixotic bid to win the Democratic party nomination will have gone down to its likely defeats (not only are superdelegates a big obstacle, but so to is Biden’s refusal to debate, and the considerable advantages of incumbency.)

RFK, Jr.’s suit challenges the way Google’s YouTube subsidiary has been removing videos with content that contradicts official narratives, specifically videos made of RFK, Jr.’s campaign events and interview where he says politically incorrect things about the Covid vaccine or vaccines generally and the entire video is removed. The filing explains cogently why this is activity is state directed. Views that contradict the official views of bodies like WHO and the CDC and of course the Biden Administration generally are expunged. And YouTube has made the role of the Federal government explicit by invoking Section 230.

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