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May 9, 2022 - RFK Jr. The Defender
07:39
Facebook Lawsuit Rally with Steve Kirsch

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Hey, everybody.
I got my buddy on today, Steve Kirsch, my comrade from the front line of the trenches.
And I asked you to come on, Steve, because we're both doing this Facebook rally.
We're going to be speaking at it, this censorship rally against Facebook at Facebook's headquarters in Menlo Park.
Thursday, May 19th, 3 o'clock to 6 o'clock p.m.
Please come.
I want to talk to people about why I'm doing this.
Well, I asked you to come on because you've been censored, I think, almost as much as I have, and you're even more pissed off about it than I am.
Let's tell people why we're doing this.
Thank you, Bobby.
To say, well, you have to be censored so that we protect the people following you from yourself?
I mean, the people are following me because they agree with what I'm saying.
So what's the point of censoring me on Twitter or on Facebook, since we're doing this at Facebook headquarters?
I mean, the people who I'm posting to are all people who want to hear what I have to say.
And it used to be we were in America where there was freedom of speech and your speech wasn't censored and you're allowed to be heard.
And these platforms, these social media platforms are becoming the new public square where people should be allowed to express their opinions.
Now, of course, the First Amendment, you know, people think that that means that you're allowed to say anything, you know, you want and there's no censorship.
But the First Amendment only applies to government censorship.
It says that the federal government or the state governments and so forth, that government in general cannot censor your speech.
That would be unconstitutional.
But the Constitution says nothing about whether...
Private companies like Facebook and Twitter and LinkedIn and YouTube can censor your speech, and so they're silent on that so that when these companies, you know, they're all acting in coordination.
They're all suppressing things like early treatments and so forth, and they're all By taking their cues from the NIH. And whether they're doing this in coordination with the government, I think there is coordination with the government because I've heard stories about that.
But the point is that what's really going on here is essentially government-controlled.
The government is centering our speech, and they're doing it indirectly through these companies.
And that shouldn't happen.
It'd be great for Anyone who's in the Bay Area, it's Facebook headquarters in Menlo Park.
It's on Willow Road.
It's that, you know, you go over the bridge and it's, you know, right before you get to the Dumbarton Bridge as to where it is.
And as you said, Bobby Kennedy will be there.
You will be there.
I will be there.
And Peter McCullough and other folks will be there.
So, you know, come meet us and join us and protect your protests, these platforms doing what they're doing because it's terribly wrong.
Yeah, let me just kind of brief people, because I am doing, you know, we are suing Facebook, and I am doing the argument with my co-counsel, Jed Rubinfeld, next week in front of the Ninth Circuit, a court of appeals, a federal court of appeals, and Here's how the First Amendment works.
If you own a printing press, you can write anything you want.
You can publish lies all day.
That is your right.
You're free to say anything that you want with some limited exceptions.
You can't push out of fire.
In a crowded theater, you can't incite violence.
You can't incite criminal acts like pedophilia, particularly those kind of things.
And there should be bans on that, on those activities.
But generally speaking, you can write anything you want.
And Facebook argues that, okay, we're like a printing press.
Nobody can censor us.
And they're probably right about that.
In fact, the courts tell they're right.
There is an argument that you brought up.
Which is that these internet platforms are now so huge that they occupy the entire public square.
And at some point, if you occupy the entire public square, do you become a quasi-governmental agency?
And there's some case law that says that, for example, private malls, During the 1970s, there were these huge malls going up, which for certain communities, that was the only public space.
And Vietnam War protesters started going on that private property to protest.
And the mall owners ejected them from trespassing.
And the federal court said, wait a minute, because you occupy so much of the public space, you essentially have made yourself a public square.
And you people who want to use that space to express themselves have a right to do so under the First Amendment right to assembly.
Well, there is some case law that it's possible that sometime in the future that may be applied to Facebook and Google, etc.
But right now, that's not where the law is.
However, as you pointed out, If they can censor you, they can eject you, but not if the government tells them to do it, and not if they're coordinating their activities with the government.
And they admit that they are, and we have the emails with Tony Fauci and with other member people.
We have the White House telling them to censor the disinformation to us, which includes me.
And once that happens, it's called the government actor exception.
Which is if they're acting as a surrogate to censor people on behalf of the government, that implicates the First Amendment.
And that's what we're arguing in front of the Ninth Circuit.
People can tune in and see that argument next week.
And the most important thing is to show up At the Facebook protest, this is your one chance to tell Mark Zuckerberg that you do not want him deciding what facts you can hear and what facts you can't hear.
You live in a democracy, you're an American citizen.
Our democracy relies on the free flow of information, the capacity for ideas to be...
Annealed in the furnace of debate and then triumph in the marketplace of ideas in order to become public policies.
And that's the whole theory about how and why a democracy works.
And we had a war in this country beginning in 1776.
In which Americans stood for one proposition above all others, that we ought to be able to criticize our government officials.
No other nation in the world could do that.
We were the first nation, and by 1865, there were six other nations that allowed it.
Today there's 190 nations that supposedly allow it, and they're all based upon our model.
We are the exemplary nation.
We were the example for that new system.
And now Mark Zuckerberg is shutting that down right here in the United States of America.
We need you to show up at Facebook and have your voice heard.
So please come and see Steve and myself and many, many other great speakers.
May 19th, Thursday afternoons, 3 o'clock to 6 o'clock.
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