9th Circuit Nixes RFK Jr.'s Emergency Motion for TRO Vs. Google in 1st Amendment Case
The 9th U.S. Circuit Court of Appeals lacks jurisdiction over Robert F. Kennedy Jr.’s emergency motion for injunction pending appeal following a district court’s denial of his application for a temporary restraining order (TRO) vs. Google, said its Wednesday order…
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(docket 3:23-cv-03880) dismissing the motion. Kennedy, a 2024 Democratic presidential candidate, appealed to the 9th Circuit last month (see 2308300001) after the Aug. 23 denial of his application for a TRO to enjoin YouTube from enforcing its medical misinformation policies. U.S. Circuit Judges Bridget Bade, Kenneth Kiyul Lee and Lawrence VanDyke denied Kennedy’s emergency motion for injunction pending appeal “as moot," citing Religious Technology Center v. Church of Scientology International: "Ordinarily, an appeal does not lie from the denial of an application for a temporary restraining order; such appeals are considered premature and are disallowed in the interests of avoiding uneconomical piecemeal appellate review.” Kennedy's freedom of speech lawsuit alleges “the extraordinary steps the United States government has taken under the leadership of Joe Biden to silence people it does not want Americans to hear,” notably Kennedy's position on COVID-19 and other vaccines.