Journalist Settles Lawsuit With Trump Administration Over COVID-Era Twitter Ban

Independent journalist Alex Berenson settled his lawsuit against the federal government last week for $150,000 and an official acknowledgment that the government violated the First Amendment by exerting substantial coercive pressure on social media companies to suppress disfavored speech.

The settlement resolves only the claims against the government defendants in their official capacities. Berenson continues to pursue separate claims against other defendants in the case.

Berenson gained a large following on Twitter in 2020 by criticizing the public policy response to COVID-19 and questioning the safety and efficacy of the vaccines. Twitter permanently banned him after pressure from government officials and representatives of a COVID-19 vaccine manufacturer, according to the lawsuit.

Berenson originally sued only Twitter. Discovery in that case produced internal messages showing government involvement in his suspension. Twitter later settled with Berenson, reinstated his account, and acknowledged he should not have been suspended.

After settling with Twitter, Berenson filed suit in April 2023 against several government officials and two Pfizer defendants. The complaint alleged the government defendants violated the First Amendment and that the Pfizer defendants conspired with them to violate his rights.

The district court dismissed all claims. Berenson appealed to the Second Circuit. While that appeal was pending, the Trump administration reached the current settlement with Berenson. Berenson told The Federalist that the government’s admission is a crucial step forward in our case.

It proves the Biden Administration violated my First Amendment rights by forcing me off Twitter, a necessary predicate for a Section 1985(3) conspiracy claim. The settlement agreement states the government did in fact violate the First Amendment by exerting substantial coercive pressure on social media companies such as Twitter to suppress disfavored speech like Plaintiff’s.

Berenson’s claims against the Pfizer defendants remain active.

Those claims allege the defendants conspired with government officials to violate his First Amendment rights based on his membership in a class of Americans who chose not to receive a COVID-19 vaccine. The complaint notes that class includes a disproportionate number of African-Americans, political conservatives, and evangelical Christians.

Berenson said the question the Second Circuit must now answer is whether people unvaccinated against COVID deserve the same civil rights protections as other minority groups who have faced discrimination. The associate attorney general stated in announcing the settlement that the Biden Administration engaged in blatant viewpoint discrimination, wielding power over social media to kick conservatives off Twitter completely.