Children’s Health Defense Wins Settlement in Landmark Censorship Case

Children’s Health Defense (CHD) and the U.S. Department of Justice (DOJ) finalized a settlement in CHD’s landmark class action censorship lawsuit against key Biden administration officials accused of colluding with tech companies to censor social media content.

In a press release, the DOJ cited President Donald Trump’s Jan. 20, 2025, Executive Order “acknowledging that ‘the previous administration trampled free speech rights by censoring Americans’ speech on online platforms, often by exerting substantial coercive pressure on third parties, such as social media companies, to moderate, deplatform, or otherwise suppress speech that the Federal Government did not approve.’ 90 Fed. Reg. 8243 (Jan. 28, 2025).”

CHD, along with its then-Chairman Robert F. Kennedy Jr., sued the Biden administration in March 2023.

The lawsuit, Kennedy v. Biden, became CHD v. Trump after Trump became president of the U.S., and Kennedy, who first left CHD to run his own presidential campaign, was later named secretary of the U.S. Department of Health and Human Services under the Trump administration.

The class action lawsuit against then-President Joe Biden, Dr. Anthony Fauci and other top administration officials and federal agencies alleged they “waged a systematic, concerted campaign” to compel the nation’s three largest social media companies to censor constitutionally protected speech.

Jed Rubenfeld, attorney for CHD, called the settlement a “tremendous win” against government censorship.

“We brought this case years ago to challenge the Biden administration’s assault on free speech,” Rubenfeld said. “Today, the government, under a new administration, acknowledged that assault. And via a previously issued Executive Order, the president prohibited government officials from pressuring social media companies in the future to trample on Americans’ First Amendment rights.”

As part of the settlement with CHD, the government agreed to pay attorneys’ fees.

The DOJ also settled a similar lawsuit, Missouri v. Biden, and issued a consent decree in the case.

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