The U.S. District Court for the Northern District of California has rejected a request by Democrat primary candidate Robert F. Kennedy Jr. for a temporary restraining order preventing Google-owned YouTube from censoring his content.
“The Court finds that the First Amendment claim is unlikely to succeed on the merits because Google and YouTube are not state actors,” wrote Judge Trina Thompson, who was nominated to serve on the Court by Joe Biden in 2021, and confirmed by the U.S. Senate in 2022.
“Second, Plaintiff was not, and will not, be irreparably harmed if a temporary restraining order is not issued because he does not demonstrate urgency or that he will not be able to share his videos through other sites and methods.” In the application for a restraining order, attorneys for Kennedy sought to prevent YouTube from using its “medical misinformation” policy to censor videos of the candidate during his campaign in the 2024 election.
In the ruling, Judge Thompson also argued that even if Kennedy could establish that YouTube is a state actor, the First Amendment does not necessarily protect “medical misinformation.” Citing previous cases that recognized a public interest consideration in First Amendment cases, Thompson wrote “the coronavirus still poses a health risk to certain individuals, and it would not serve the public interest to let medical misinformation proliferate on YouTube.”, 3:23-cv-03880-TLT in the United States District Court for the Northern District of California.
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