Supreme Court of the United States · Official docket →
Children's Health Defense v. Meta Platforms, Inc., a Delaware corporation, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16210 · judgment August 9, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The state-action doctrine limits the power of government to violate individual rights through coercion or inducement of, or close nexus with private intermediaries. Petitioner Children’s Health Defense (“CHD”) alleges that Executive Branch officials specifically targeted its viewpoint on vaccines, and its spokesman, Robert F. Kennedy, Jr., to Meta Platforms, Inc., (“Meta”) which willfully cooperated by censoring CHD’s protected speech and removing CHD, thereby dampening opposition to preferred official policies. The lower courts dismissed CHD’s complaint, deciding that Meta is a private company entitled to work with Government as to what limits should apply to speech on its platforms. The questions presented are:
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Does Skinner v. Ry. Labor Executives’ Ass’n, 489 U.S. 602 (1989), mandate that Meta, an interactive computer service provider which receives 47 U.S.C. § 230 immunity, become a state actor when it affirmatively engages with Executive Branch officials to exercise its State-created privilege to suppress particular viewpoints or speakers? If so, is the First Amendment implicated?
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Does an interactive computer service provider transform private conduct into state action when it willfully conforms its content-moderation process or decisions to Executive Branch preferences to suppress particular protected third-party speech or cedes active, meaningful control of its process or decisions to the State?
Counsel of record
For petitioner
Roger Ian Teich
Law Office of Roger Ian Teich
For respondent
Mark Richard Caramanica
Thomas & LoCicero PL
Proceedings
- Jun 30 2025Petition DENIED.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 05 2025Reply of petitioner Children's Health Defense filed.
- May 27 2025Brief of respondents Meta Platforms, Inc., et al. in opposition filed.
- May 27 2025Brief of respondent Poynter Institute for Media Studies, Inc., in opposition filed.
- Apr 21 2025Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2025, for all respondents.
- Apr 17 2025Response to motion to extend the time to file a response from petitioner filed.
- Apr 17 2025Motion to extend the time to file a response is granted in part and the time is extended to and including May 27, 2025.
- Apr 17 2025Motion of The Poynter Institute for Media Studies, Inc.to extend the time to file a response from April 30, 2025 to May 27, 2025, submitted to The Clerk.
- Apr 15 2025Motion to extend the time to file a response from April 30, 2025 to May 30, 2025, submitted to The Clerk.
- Mar 14 2025Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2025, for all respondents.
- Mar 13 2025Motion to extend the time to file a response from March 31, 2025 to April 30, 2025, submitted to The Clerk.
- Feb 27 2025Response Requested. (Due March 31, 2025)
- Feb 26 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 12 2025Brief amicus curiae of The Rutherford Institute filed.
- Feb 12 2025Supplemental letter of petitioner Children's Health Defense filed.
- Feb 07 2025Waiver of right of respondents Meta Platforms, Inc. and Mark Zuckerberg to respond filed.
- Jan 23 2025Waiver of right of respondent The Poynter Institute for Media Studies, Inc. to respond filed.
- Jan 22 2025Waiver of right of respondent Meta Platforms, Inc. to respond filed.
- Jan 06 2025Petition for a writ of certiorari filed. (Response due February 12, 2025)
- Oct 18 2024Application (24A368) to extend the time to file a petition for a writ of certiorari from November 7, 2024 to January 6, 2025, submitted to Justice Kagan.
- Oct 14 2024Application (24A368) granted by Justice Kagan extending the time to file until January 6, 2025.