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September 4, 2020

Children’s Health Defense (CHD) filed a lawsuit in the U.S. District Court, Northern District of California this week against Facebook, Inc., Mark Zuckerberg, and three fact-checking groups. The lawsuit alleges that Facebook acted jointly or in agreement with federal government agencies or actors to deny Children’s Health Defense’s First Amendment speech and Fifth Amendment property rights.

The argument in the case is Facebook’s use of fact-checking warning labels and Facebook’s disabling of the fundraising feature on Children’s Health Defense’s Facebook page. 

Facebook acknowledges that it coordinates its censorship campaign with the CDC and the WHO. Previous court decisions have upheld Facebook’s right to censor its pages. However, CHD argues that Facebook’s pervasive government collaborations make its censorship of CHD a First Amendment violation. The government’s role in Facebook’s censorship is more profound than its close coordination with CDC and WHO. According to Justia:

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