U.S. Journalist Files Lawsuit to Fight Back Against Twitter’s Censorship of Vaccine-Sceptic Content

In August, American journalist Alex Berenson (pictured) was permanently banned from Twitter after penning a post declaring that the Covid vaccine “doesn’t stop infection or transmission”. In response to his removal from the social media site, Berenson has filed a federal lawsuit against the company, claiming that its decision to kick him off the platform earlier in the year violated his first amendment right, with his attorneys arguing that Twitter was adhering to the demands of the Federal Government to silence vaccine-sceptic content. The Mail has the story.

The lawsuit filed on Monday in U.S. District Court for Northern California seeks Berenson’s reinstatement to Twitter and unspecified monetary damages over his permanent ban in August.

A spokesperson for San Francisco-based Twitter did not immediately respond to a request for comment from the Mail.

Berenson, a former New York Times reporter and prominent sceptic of many pandemic policies, was banned from Twitter over a tweet in which he stated that Covid vaccines do not prevent infection or transmission of the virus.

“Berenson’s claim that the Covid vaccines do not ‘stop infection’ or ‘transmission’ of Covid was true at the time and is true now,” his attorneys said in the complaint.

“It is undisputed that vaccinated persons can contract and spread Covid,” the lawsuit adds, noting that Dr. Anthony Fauci himself has stated in published interviews that vaccinated people can be infected.

However, the crux of the lawsuit does not rest on whether Berenson’s criticism of vaccines was objectively true or not. 

The detailed 70-page complaint alleges that Twitter is legally a ‘common carrier,’ similar to a railroad or a telegram, which is required under California and federal law to provide service to all comers.

“Twitter’s role in public debate in the 21st century resembles that of the telegraph in the 19th,” the lawsuit argues. 

Berenson’s attorneys also argue that he has “a uniquely viable claim that Twitter acted on behalf of the Federal Government in censoring and barring him from to its platform”.

The complaint argues that his Twitter ban came just days after high officials including President Joe Biden called for a crackdown on pandemic misinformation on social media, and that the company was responding to Government pressure in banning him.

The suit claims violation of the First Amendment, false advertising, and violation of California common carrier law, among other complaints.

Since his ban from Twitter, Berenson has been publishing his opinion and reporting on the platform Substack, and has released a book titled Pandemia, which reached the bestsellers list.

Worth reading in full.

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TheyLiveAndWeLockdown
4 years ago

Boris should be kicked off twatter too then!
https://www.youtube.com/watch?v=fL00v2YjWKI

ChaunceyTinker
ChaunceyTinker
4 years ago

Bill Gates as well:

“Bill Gates Acknowledges COVID-19 Vaccines Not Stopping Viral Transmission: Fundamental Premises Questioned?”
https://trialsitenews.com/bill-gates-acknowledges-covid-19-vaccines-not-stopping-viral-transmission-fundamental-premises-questioned/

itoldyouiwasill
itoldyouiwasill
4 years ago

One of the best Substacks around, this guy is an absolute hero. I hope this case exposes the folk running Twitter for the bunch of wretched, woke pieces of shit that they are.

stewart
4 years ago

Lawsuits such as these are also absolutely essential and will succeed one way or another.

Either he wins the lawsuit and the rule of law wins out rather than the arbitrary rule of mega corporations and government.

Or he loses the lawsuit, faith in our key institutions is further eroded and we move ever closer to the collapse of a system that is rotten.

Testing whether our institutions continue to be fit for purpose or not is an absolutely essential part of our fight.

Mark
4 years ago

Excellent stuff, not least because it will produce some fascinating disclosures and even if the case is defeated, it will surely make a strong case for breaking up big tech’s manipulative power, when the Republicans get back into power.

He had originally predicted that the US would not surpass 500,000 deaths due to COVID-19. The country has now exceeded 800,000 deaths. 

Deaths “with covid”, or deaths due to covid?

BurlingtonBertie
4 years ago
Reply to  Mark

More likely to be deaths in hospital with covid aided & abetted by following ‘hospital procedures’ which involve ventilation & remisdivir….
Best combination for the hospitals coffers….

JeremyP99
4 years ago

Yup, enter hospital with whatever, leave in a box “with” Covid.

Proveritate
4 years ago
Reply to  Mark

“it will produce some fascinating disclosures”

I’m not so sure. If you are being sued then you might be able to demand disclosures so that you can defend yourself. This is less the case when you are the one suing another party.

Mark
4 years ago
Reply to  Proveritate

That wasn’t the case in England a few decades ago, when I was involved in such matters – as defendants we had very onerous discovery duties. I’m not familiar with the particulars of US or California law (nor with current English law for that matter).

BillRiceJr
BillRiceJr
4 years ago
Reply to  Proveritate

What we need is an army of whistleblowers to come forward from organizations like Twitter …. or from any mainstream “news” organization that suppresses “contrarian” COVID stories.

The real story is all the stories that are NOT being investigated, and never will be … and why this is the case.

But such whistleblowers are NOT coming forward … or if they did, who would publish their stories?

Anyone else remember the final scene of the movie “Three Days of the Condor”?

Susan
4 years ago
Reply to  Mark

How many deaths were caused by the withholding of early treatment, suppression of known effective drugs, ventilation, and the toxic drug Remdesivir?

AloysiusCocksnaffle
AloysiusCocksnaffle
4 years ago

Related, though distinct ..

Where are the serious msm reviews of The Real Anthony Fauci which is, after all a) a best-seller and b) addressing some of the most important questions facing the world today

?

Rowan
Rowan
4 years ago

They daren’t review it as they can’t refute its contents, so best to ignore it. Still the book is a best seller, so why not read Kennedy’s own review of his own book. https://www.unz.com/article/introduction-to-the-real-anthony-fauci/

Susan
4 years ago

I asked at a Barnes and Noble counter over a long line of customers who were waiting to pay, where in the store I could find a copy of Robert Kennedy’s book on Fauci. All eyes turned. Answer: “It doesn’t exist.” “It’s number one on Amazon!” I ventured. “We can order it for you, m’am.”

BillRiceJr
BillRiceJr
4 years ago

The fact that book even got published – and then soared to No. 1 at Amazon – is one of the most hope-affirming signs I’ve seen.

Marcus Aurelius knew
4 years ago

I was banned from Twitter in the early days of this horror and had multiple posts removed from LinkedIn over the last ten months or so, for expressing exactly the same thing (“doesn’t stop infection or transmission”). Funny thing is, it’s no different from what the Government was and still is telling us – I was just reminding people of what the Government had said, and the implications of it (the whole thing is absurd).

TheyLiveAndWeLockdown
4 years ago

Youtube removes any medical links that show the jabs to be less than the marketing.

Think Harder
Think Harder
4 years ago

Not sure about that. I’ve seen a lot of sceptical stuff on YT provided it is not outright condemnation. Many get away with it provided they say “you should still be vaccinated” after giving lots of reasons not to!
The big platforms are fence sitting. They don’t want to stop the gravy train by being one side or the other.

TheyLiveAndWeLockdown
4 years ago
Reply to  Think Harder

I should’ve added “in the comments”.

https://www.ox.ac.uk/news/2021-02-09-common-asthma-treatment-reduces-need-hospitalisation-covid-19-patients-study

The above link got deleted pretty fast

Hopeless
4 years ago

We do have Johnson on film saying precisely this. It’s perhaps one of the very few occasions when he’s stood up and failed to lie about something.

Sandra Barwick
Sandra Barwick
4 years ago
Reply to  Hopeless

But only to promote the splendid Booster ejaculations.

1984imminent
4 years ago
Reply to  Hopeless

I think it slipped out; he forgot his script for a moment. I expect he had quite a kicking after he told the truth by accident. After all, a stopped clock is right twice a day.

Rowan
Rowan
4 years ago
Reply to  1984imminent

No doubt Bill gave Boris a ring and gave him a sharp reminder of just who’s boss.

ChaunceyTinker
ChaunceyTinker
4 years ago
Reply to  Hopeless

He did in the same clip also say something about the jabs “preventing hospitalization” etc which I don’t think is actually proven to be true, after you look at the points Prof Fenton has made about the definition of “vaccinated”/”unvaccinated” etc.

BurlingtonBertie
4 years ago

I’m locked out of HYS on my BBC account.
Opened another under a different alias 🙂

Think Harder
Think Harder
4 years ago

Yes the government statements and actions make no logical sense when viewed together. Yet still so many think the problem is a virus.

Rowan
Rowan
4 years ago
Reply to  Think Harder

The “so many” are as big a problem as Boris and the other criminals in Westminster.

BillRiceJr
BillRiceJr
4 years ago

I was banned from making Comments in the “Reader Comment” section of The Athletic (one of the biggest sports journalism sites in America). My “crime” was that I repeatedly defended athletes and coaches who did not want to get vaccinated.

I eventually cancelled my subscription. Skip forward a few weeks – and I see that hundreds of professional and college athletes – 95 to 100 percent vaccinated – are still testing positive for COVID …. and clearly spreading the virus among their vaccinated teammates.

Doesn’t this confirm or support the point I was making … you know, the point I could not be allowed to make?

Milo
Milo
4 years ago
Reply to  BillRiceJr

Nadal has tested positive for covid. He was an early vaxx advocate saying those on the tour should be jabbed to protect others, so is likely double jabbed. Either he got the elite saline version, or they don’t stop you getting it and passing it on.

Rowan
Rowan
4 years ago
Reply to  Milo

We already know that the vaccines have negative efficacy, but in any case more fool Nadal.

Anonymous
Anonymous
4 years ago

Logically and hopefully, this could lead towards the courts having to revisit and modify the current Section 230 protections for the social media propagandists

BillRiceJr
BillRiceJr
4 years ago

This journalist is a hero. He is challenging bogus or dubious narratives with his journalism and he is trying to expose censorship with this lawsuit.

We should all support him … or at least pull for him.

Alas, I think he (and we the public) will find that the corruption is complete and his lawsuit will not be successful. That is, the U.S. Courts aren’t going to rule in his favor – certainly Twitter and all the other social media sites are not going to suddenly stop censoring information. In fact, this practice will become more common in months and years to come.

Still, someone needs to prove/show this. And it is good that this person is a talented journalist – someone who can tell the story (at the few sites that might still run his stories).

P.S. Thanks to the DS for highlighting this case. Please keep us updated.

Sandra Barwick
Sandra Barwick
4 years ago
Reply to  BillRiceJr

Join his Substack, Bill.

OliveTrees
4 years ago
Reply to  BillRiceJr

I’m reading his book at the moment (the Kindle version). It’s pretty good. Certainly a reminder of all the hysteria, half-truths and lies that have been told so far. And I haven’t even got to the part where the vaccines are launched yet.

Think Harder
Think Harder
4 years ago

Good luck Alex!

John
4 years ago

Does the US constitution apply between two private entities? Does their constitution, like the human rights act here, only apply between the government, including its agents, and the people?

Sandra Barwick
Sandra Barwick
4 years ago

If this attempted world coup fails, Berenson’s going to be a big film.
Bit of an if, I agree.

Rowan
Rowan
4 years ago
Reply to  Sandra Barwick

Bit of an if, I agree.

It certainly will be if we all adopt a defeatist attitude.

miketa1957
miketa1957
4 years ago

Daily Mail comments seem to ignore the “common carrier” part. I imagine that this is the critical point. A fairly good discussion of this is here: https://www.cato.org/blog/are-social-media-companies-common-carriers

BillRiceJr
BillRiceJr
4 years ago

With this case we at least have a trial which will let a Court decide who is lying and who is telling the truth.

Berenson says that vaccines do NOT prevent infection or spread.

Twitter says he is lying (or engaging in disinformation). This means Twitter believes the vaccines DO prevent infection and spread. This is pretty cut-and-dried, completely opposite positions/claims.

So who is lying and who is telling the truth?

Let an “independent fact checker” – a U.S. Judge and/or jury – decide.

Also, this case will prove that the U.S. government’s claim has been a lie all along.

These are things the public probably should know … right?

Anyway, the journalist censored for spouting misinformation (lies) was actually telling the truth and the information forum company was and still is lying. Somehow I don’t think the U.S. Court system wants to return a verdict that allows this headline to be written.

Cecil B
Cecil B
4 years ago
Reply to  BillRiceJr

It is self evident who is telling the truth

Proveritate
4 years ago
Reply to  BillRiceJr

Governments are lying. Even to this day, Joe Biden tells the American people that you can’t transmit the virus if you have been vaccinated. He doesn’t seem to have got the memo that these ‘vaccines’ are not what we all knew vaccines were. How does he think that all the spread in the USA is occuring? The idiot still thinks (or at least tells) that it’s all the work of the unvaccinated!

Of course, this demonization of the unvaccinated, blaming them for all the problems, is pretty widespread in Europe too.

The manufacturers themselves have never claimed that their vaccines stop infection or transmission.

The government’s own data show that two doses of the AZ vaccine makes you more likely to catch the infection than if you were never vaccinated.

That the vaccinated are spreading Omicron at such a rate makes a mockery of vaccine passports, and treating the vaccinated more favourably (e.g. in travel, testing, quarantine and isolation etc) is more and more obviously a political stunt rather than a measure that has any rational and scientific basis.

Rowan
Rowan
4 years ago
Reply to  BillRiceJr

Berenson can call the Bozo as a witness.

BillRiceJr
BillRiceJr
4 years ago

He will probably lose this case. (I say this because if he WON, wouldn’t this disgrace all the censoring media companies and perhaps make them STOP censoring people for disinformation? Also, here I assume that the U.S. government is “pro censorship” and does not want the Alex Berenson’s of the world to be able to challenge government lies.) …. Once he has lost, Berenson can appeal to the U.S. Supreme Court, which won’t take the case. This will be good for the public to know. It will prove that the U.S. Court System is completely corrupt and captured as well. Everyone will see who celebrates and protects “disinformation.” We will have the U.S. Court System on the record as saying that the vaccines DO prevent infection and spread and that those who say differently should be censored and punished. At some point, the public is going to have to conclude that all institutions are corrupt and lying – including the U.S. Courts. So Berenson might even help us learn this bit of important information. And then people can act accordingly on this information. He is not only going to expose Twitter as a liar and bully, but the Court System… Read more »

Victory Gin
4 years ago

2021 Christmas No.1 …

FHILesTWYAQ0lHE.jpg
Anonymous
Anonymous
4 years ago

Take a look at the childish head of Twitter’s Parag Agrawal. He displays the dictatorish, sociopathic, self-centeredness that you’d sometimes see in that spoiled child that tries to dominate the children’s games and change all the rules to suit himself.
 
About 98% of these tech-geeks are actually sociopathic. They do have personality disorders and are not fit in any way whatsoever to manage anything that affects other people.
 
Here’s a rhetorical question for any parents on here: Take a look at Parag Agrawal, would you leave your 8-year-old son or daughter alone with this chap for a day? I know I wouldn’t. He’s like Michael Jackson. These people never really grow up, or become adultized, they look at children as being equals and see nothing wrong in molesting them.

BillRiceJr
BillRiceJr
4 years ago

See real journalists do still exist … on a platform called sub stack … after they have been fired or left their jobs at mainstream journalism organizations.

BillRiceJr
BillRiceJr
4 years ago

A key point in my opinion: Alex Berenson – a true journalist – no longer works for The New York Times. Nor does Glen Greenwald work for a well-known “news organization.” I think Toby still works or writes for a mainstream journalist organization, but to get around the “gatekeeper of the news” … he had to start this site.

We will never be able to “drain the swamp,” until the newsrooms that create and protect all the faux or dubious “narratives” are purged. As this isn’t going to happen, genuine journalists are going to have to become entrepreneurs and create their own news organizations. And all of these sites will be targeted for producing “disinformation” and are already being labeled as “threats.”

Anyway and needless to say, it’s quite the challenge to change or challenge the faux narratives that are used to control the world. But this somehow has to be done if “real change” is ever going to occur.

David Beaton
David Beaton
4 years ago

All power to him!

LonePatriot
LonePatriot
4 years ago

There is an ivermectin panic on the big tech and MSM right now. Massive articles from MSM on Ivermectin trying to push a danger narrative and also negative press on Americans Frontline Dr’s, again, to keep the Covid narrative alive. Just go to the Goog and type ivermectin then look at all the panic news articles. We are over the target. Big-Pharma is panicking. This medicine has been widely used by humans without any problems for 40 years. It’s inventor won a Nobel Prize after 20 years of successful use and after 100 million people were cured of a broad spectrum of problems without any side effects. Get your Ivermectin while you still can! https://ivmpharmacy.com