Censorship Industrial Complex
Kennedy, CHD win injunction in landmark censorship case against Biden administration
From LifeSiteNews
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website.
The court recognized that the “right of free speech is a fundamental constitutional right that is vital to the freedom of our nation, and the Kennedy plaintiffs have produced evidence of a massive effort by defendants, from the White House to federal agencies, to suppress speech based on its content.”
A federal judge on Wednesday handed Robert F. Kennedy Jr. and Children’s Health Defense (CHD) a partial win in their landmark censorship case alleging the Biden administration colluded with social media platforms to unlawfully censor online content.
Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana issued a preliminary injunction prohibiting key Biden administration officials and agencies from coercing or significantly encouraging social media platforms to suppress or censor online content.
However, Judge Doughty simultaneously issued a stay on the injunction until 10 days after the U.S. Supreme Court rules on a similar case, Murthy v. Missouri.
That case, filed in May 2022 by the attorneys general of Missouri and Louisiana and several individual plaintiffs, was originally filed as Missouri v. Biden.
The Supreme Court is set to hear arguments on March 18 on a preliminary injunction in Murthy v. Missouri.
Mary Holland, CHD president, told The Defender that the Valentine’s Day ruling was “a welcome Valentine to the Kennedy plaintiffs,” and “an important victory for the U.S. Constitution.”
She added:
“In a thorough decision, Judge Doughty reasoned that the plaintiffs do have ‘standing’ or the right to sue and be heard; that the defendants have engaged in coercion or significant encouragement to censorship and joint action with social media platforms; and that the court is required to issue the preliminary injunction.
“Further, because it is well-established that violations of free speech rights constitute irreparable injury, the Court acted even before an ultimate decision from the Supreme Court in Murthy v. Missouri. Judge Doughty wrote: ‘This Court … finds the balance of equities and the public interest strongly favors the issue of a preliminary injunction.’
“No doubt the Supreme Court will take account of this ruling as it hears oral arguments in Murthy v. Missouri on March 18.”
Wednesday’s ruling stems from a class-action lawsuit filed in March 2023 by Kennedy, now CHD chairman on leave, CHD and private citizen Connie Sampognaro against President Joe Biden, Dr. Anthony Fauci and other top administration officials and federal agencies.
The suit was filed on behalf of the more than 80% of Americans who access news through social media.
Judge Doughty consolidated Kennedy v. Biden and Murthy v. Biden in July 2023. Both cases were being argued in his court and had the same defendants and many common legal and factual issues.
Although the cases were consolidated, Doughty ruled that the District Court continues to have jurisdiction over Kennedy and CHD’s separate motion for a preliminary injunction, underscoring the fact that a delayed ruling would delay Kennedy from vindicating his claims.
The U.S. Department of Justice did not respond to The Defender’s request for comment.
‘The right of free speech is a fundamental constitutional right’
In his 24-page ruling, Judge Doughty found that several of the defendants in the Kennedy et al. v. Biden lawsuit were violating the plaintiffs’ free speech rights under the First Amendment, causing irreparable harm. He ordered them to cease these violations.
The court recognized that the “right of free speech is a fundamental constitutional right that is vital to the freedom of our nation, and the Kennedy plaintiffs have produced evidence of a massive effort by defendants, from the White House to federal agencies, to suppress speech based on its content.”
Plaintiffs alleged Biden administration officials “waged a systematic, concerted campaign” to compel the nation’s three largest social media companies to censor constitutionally protected speech.
The government, the lawsuit alleges, pressured social media platforms to directly suppress or censor Kennedy and CHD from major platforms and to do the same to content containing views about COVID-19 and other issues that contradicted the government narrative.
Kennedy and CHD argued the court should rule on the preliminary injunction now, because the case is different from Murthy v. Missouri, asks for a more specific injunction and because the defendants singled out Kennedy, who is a U.S. presidential candidate, for censorship.
In determining the merits of the plaintiffs’ motion, Doughty first had to rule on whether the plaintiffs had standing. On that issue, “the court provided strong concrete examples of government coercion or encouragement to censor, particularly with respect to Mr. Kennedy and CHD,” said Kim Mack Rosenberg, CHD general counsel.
Doughty cited evidence that defendants labeled Kennedy as part of the “Disinformation Dozen” who were eventually censored from social media and that some of CHD’s social media posts were also censored.
He also noted that the Centers for Disease Control and Prevention (CDC) worked with the Virality Project to reduce or delete social media posts by people and organizations they believed to be spreading “misinformation” about COVID-19.
The Virality Project explicitly listed Kennedy and CHD in the fifth and second place as the highest performing weekly social-media engagement incidents, he wrote.
“This evidence also was key in the Court’s decision that plaintiffs met all the requirements to support issuing the injunction and that the balance of equities favored plaintiffs here,” Mack Rosenberg added.
Doughty also found the plaintiffs are likely to succeed on the merits of their claim, writing:
“As in Missouri v. Biden, the White House Defendants and the Surgeon General Defendants both coerced and significantly encouraged social-media platforms to suppress protected free speech.
“This Court further finds the CDC Defendants, the CISA [Cybersecurity and Infrastructure Security Agency] Defendants and the FBI Defendants significantly encouraged social-media platforms to suppress protected free speech.”
Defendants ‘likely’ to use their power to suppress alternative views in the future
The defendants have argued that the actions at stake occurred in the past and cannot be remedied by issuing an injunction prohibiting future actions and that there is no “imminent harm” to the defendants because the COVID-19 pandemic and the election where the alleged conduct occurred are in the past.
However, Doughty ruled that the alleged past actions also indicate there is a substantial risk of likely future harm.
“Defendants apparently continue to have meetings with social-media companies and other contacts,” he wrote, adding:
“Although the COVID-19 pandemic is no longer an emergency, it is likely that in the event of any other real or perceived emergency event, the Defendants likely would once again use their power over social-media companies to suppress alternative views.
“And it is certainly likely that Defendants could use their power over millions of people to suppress alternative views or moderate content they do not agree with in the upcoming 2024 national election.”
Although Doughty granted a substantial part of Kennedy et al.’s motion for a preliminary injunction against the White House, the surgeon general, the CDC, FBI and the CISA, he also denied the request for an injunction against several other agencies.
The injunction excluded the U.S. Department of State, the National Institute of Allergy and Infectious Diseases, the U.S. Food and Drug Administration, the U.S. Department of the Treasury, the U.S. Election Assistance Commission, and the U.S. Department of Commerce, who were also included in the plaintiffs’ request.
The Defender on occasion posts content related to Children’s Health Defense’s nonprofit mission that features Mr. Kennedy’s views on the issues CHD and The Defender regularly cover. In keeping with Federal Election Commission rules, this content does not represent an endorsement of Mr. Kennedy who is on leave from CHD and is running for president of the U.S. as an independent candidate.
This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.
Censorship Industrial Complex
Death by a thousand clicks – government censorship of Canada’s internet
The Justice Centre for Constitutional Freedoms announces its latest publication, Death by a thousand clicks: The rise of internet censorship and control in Canada, authored by veteran journalist and researcher Nigel Hannaford. The report outlines how recommendations from the Broadcasting and Telecommunications Legislative Review Panel in 2020 set the stage for a series of federal bills that have collectively transformed Canada’s once open internet into a state-managed digital environment that restricts what Canadians may access, share, and say online.
The report highlights the following federal legislation:
Online Streaming Act (C-11): Passed in 2023, this Bill gives the CRTC power to regulate online videos and other content, including material created by everyday Canadians. It also lets the government influence online “discoverability,” meaning it can push certain content to the top of your feeds while making other content harder to find.
Online News Act (C-18): Also passed in 2023, this Bill forces platforms to pay approved news outlets, a measure that led to increased dependence of media organizations on the government and widespread blocking of Canadian news as a result of Meta’s news ban on Facebook and Instagram.
Online Harms Act (C-63): Although this Bill was halted by the 2025 election, it would have empowered a new “Digital Safety Commission” to order content removals, demand platform data, levy severe financial penalties on service providers for non-compliance with regulations created by the federal cabinet, and impose house arrest on Canadians who had not been charged with or convicted of any crime. It also would have allowed the Canadian Human Rights Commission to pursue Canadians over non-criminal “discriminatory” speech, together creating a sweeping censorship regime under the guise of addressing so-called “harms” that were already illegal.
Strong Borders Act (C-2): Introduced in June 2025 and currently at second reading, this Bill authorizes law enforcement to obtain subscriber information and metadata without a warrant, chilling anonymous online expression and eroding digital privacy.
An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (C-8): Introduced in April 2025 and now before committee, this Bill expands government access to private networks and enables federal officials to direct telecommunications providers to kick individual Canadians off the internet without due process or appeal.
Combatting Hate Act (C-9): Introduced in September 2025 and currently before Parliament, this Bill broadens “hate-propaganda” offences, removes Attorney General oversight for prosecutions, encourages widespread self-censorship, and makes Canada more like the United Kingdom, where thousands of citizens are arrested over their social media commentary.
Report author Nigel Hannaford said, “It is important for Canadians to know that these bills are not isolated technical updates. Together they form a coordinated shift toward state-managed digital speech.”
“If we value open debate, privacy, and democratic accountability, we need to repeal the laws already passed and stop the ones now before Parliament,” he added.
Benjamin Klassen, Research and Education Coordinator for the Justice Centre, said, “It is important Canadians stay informed about these important issues. An informed public is essential to a free society.”
“Through research reports like this one, our Education team works to explain complex legislation in a way that empowers Canadians to participate in the national debate around important policies and defend their rights and freedoms,” he added.
To protect free expression online, Canadians should demand the repeal of Bills C-11 and C-18, insist that MPs vote against Bills C-2, C-8, and C-9, and elect representatives committed to restoring a free and open internet.
Censorship Industrial Complex
Ottawa’s New Hate Law Goes Too Far
From the Frontier Centre for Public Policy
By Lee Harding
Ottawa says Bill C-9 fights hate. Critics say it turns ordinary disagreement into a potential crime.
Discriminatory hate is not a good thing. Neither, however, is the latest bill by the federal Liberal government meant to fight it. Civil liberties organizations and conservative commentators warn that Bill C-9 could do more to chill legitimate speech than curb actual hate.
Bill C-9 creates a new offence allowing up to life imprisonment for acts motivated by hatred against identifiable groups. It also creates new crimes for intimidation or obstruction near places of worship or community buildings used by identifiable groups. The bill adds a new hate propaganda offence for displaying terrorism or hate symbols.
The Canadian Civil Liberties Association (CCLA) warns the legislation “risks criminalizing some forms of protected speech and peaceful protest—two cornerstones of a free and democratic society—around tens of thousands of community gathering spaces in Canada.” The CCLA sees no need to add to existing hate laws.
Bill C-9 also removes the requirement that the Attorney General consent to lay charges for existing hate propaganda offences. The Canadian Constitution Foundation (CCF) calls this a major flaw, noting it removes “an important safeguard for freedom of expression that has been part of Canada’s law for decades.” Without that safeguard, decisions to prosecute may depend more on local political pressures and less on consistent national standards.
Strange as it sounds, hatred just will not be what it used to be if this legislation passes. The core problem begins with how the bill redefines the term itself.
Previously, the Supreme Court of Canada said hatred requires “extreme manifestations” of detestation or vilification that involve destruction, abhorrence or portraying groups as subhuman or innately evil. Instead, Bill C-9 defines hatred as “detestation or vilification,” stronger than “disdain or dislike.” That is a notably lower threshold. This shift means that ordinary political disagreement or sharp criticism could now be treated as criminal hatred, putting a wide range of protected expression at real risk.
The bill also punishes a hateful motivation more than the underlying crime. For example, if a criminal conviction prompted a sentence of two years to less than five years, a hateful motivation would add as much as an additional five years of jail time.
On paper, most Canadians may assume they will never be affected by these offences. In practice, the definition of “hate” is already stretched far beyond genuine threats or violence.
Two years ago, the 1 Million March for Children took place across Canada to protest the teaching of transgender concepts to schoolchildren, especially the very young. Although such opposition is a valid position, unions, LGBT advocates and even Newfoundland and Labrador Conservatives adopted the “No Space For Hate” slogan in response to the march. That label now gets applied far beyond real extremism.
Public pressure also shapes how police respond to protests. If citizens with traditional values protest a drag queen story hour near a public library, attendees may demand that police lay charges and accuse officers of implicit hatred if they refuse. The practical result is clear: officers may feel institutional pressure to lay charges to avoid being accused of bias, regardless of whether any genuine threat or harm occurred.
Police, some of whom take part in Pride week or work in stations decorated with rainbow colours in June, may be wary of appearing insensitive or intolerant. There have also been cases where residents involved in home invasion incidents were charged, and courts later determined whether excessive force was used. In a similar way, officers may lay charges first and allow the courts to sort out whether a protest crossed a line. Identity-related considerations are included in many workplace “sensitivity training” programs, and these broader cultural trends may influence how such situations are viewed. In practice, this could mean that protests viewed as ideologically unfashionable face a higher risk of criminal sanction than those aligned with current political priorities.
If a demonstrator is charged and convicted for hate, the Liberal government could present the prosecution as a matter for the justice system rather than political discretion. It may say, “It was never our choice to charge or convict these people. The system is doing its job. We must fight hate everywhere.”
Provincial governments that support prosecution will be shielded by the inability to show discretion, while those that would prefer to let matters drop will be unable to intervene. Either way, the bill could increase tensions between Ottawa and the provinces. This could effectively centralize political authority over hate-related prosecutions in Ottawa, regardless of regional differences in values or enforcement priorities.
The bill also raises concerns about how symbols are interpreted. While most Canadians would associate the term “hate symbol” with a swastika, some have linked Canada’s former flag to extremism. The Canadian Anti-Hate Network did so in 2022 in an educational resource entitled “Confronting and preventing hate in Canadian schools.”
The flag, last used nationally in 1965, was listed under “hate-promoting symbols” for its alleged use by the “alt-right/Canada First movement” to recall when Canada was predominantly white. “Its usage in modern times is an indicator of hate-promoting beliefs,” the resource insisted. If a historic Canadian symbol can be reclassified this easily, it shows how subjective and unstable the definition of a “hate symbol” could become under this bill.
These trends suggest the legislation jeopardizes not only symbols associated with Canada’s past, but also the values that supported open debate and free expression. Taken together, these changes do not merely target hateful behaviour. They create a legal framework that can be stretched to police dissent and suppress unpopular viewpoints. Rest in peace, free speech.
Lee Harding is a research fellow for the Frontier Centre for Public Policy.
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