Munger, Tolles & Olson Successfully Defends Google Against RFK Jr. Suit Targeting Vaccine Misinformation Policies 

Munger, Tolles & Olson secured a significant victory when the U.S. Court of Appeals for the Ninth Circuit ruled that Google did not violate Robert F. Kennedy Jr.’s First Amendment rights by removing YouTube videos of him containing vaccine misinformation during his campaign for the presidency. Following the Ninth Circuit’s ruling, the U.S. District Court for the Northern District of California granted MTO’s motion to dismiss the case with prejudice on September 3, 2024.

Kennedy claimed in a lawsuit filed in August 2023 that Google violated his First Amendment rights by removing videos of him under its medical misinformation policy and sought an injunction to prevent any further removals. The district court denied Kennedy’s injunction motion, agreeing with MTO that he had not shown that Google was a state actor subject to the First Amendment. However, Kennedy appealed the ruling to the Ninth Circuit.

In the appeal, MTO argued that Google was not a state actor, was not coerced by government officials to adopt its misinformation policies and that the policies implemented were based on the platform’s own judgment. Convinced by these arguments, the Ninth Circuit affirmed the district court’s ruling and the district court subsequently dismissed the case entirely.

Google’s defense team included Jonathan Blavin, Ginger Anders, Juliana Yee, Carson Scott and Helen White.

The case garnered significant media coverage in Reuters, San Francisco Chronicle, Bloomberg Law, Law360 and many others. (Subscriptions may be required)