The U.S. Supreme Court dismissed Robert F. Kennedy Jr.’s plea to intervene in a crutial case on December 11, declining his request despite a dissent from one of the justices. Kennedy, an independent presidential candidate after initiating his campaign as a DEmocrat, sought to intervene in the Missouri v. Biden case, which the Court agreed to hear in October. This case revolves around government pressure on social media companies regarding content censorship during the COVID-19 pandemic.
The evidence presented indicated government encouragement for these companies to censor individual users. Both a U.S. district judge and a federal appeals court found that government agencies actively suppressed speech. However, when Kennedy’s similar case was consolidated with the Missouri lawsuit at the district court level, their motion for an injunction was dismissed, leaving them in a precarious position.
Kennedy’s lawyers argued that their client, being a presidential candidate targeted by the government, continues to face online speech restrictions. They contended that intervention was necessary, asserting that their rights were as crucial as those of the Missouri v. Biden plaintiffs.
Despite the strong argument for intervention, the majority of justices disagreed, declining the motion without explanation. Justice Samuel Alito, in dissent, acknowledged the rarity of intervention but supported Kennedy’s motion, highlighting Kennedy’s status as an alleged victim of a government-tech firm censorship alliance and as a presidential candidate.
Alito emphasized that denying intervention might delay Kennedy’s ability to vindicate his claimed rights until mid-2024, impacting his presidential campaign. Additionally, Alito noted that if the court rules in favor of the government and rejects Kennedy’s claims, it would provide little guidance for his case, requiring separate assessment at the district court level.
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