Instead, it argued that calls from various legislators and public-health officials to address misinformation on social media generally— none of which even mentioned CHD—converted Meta’s subsequent exercise of editorial discretion with ...
None of these statements linked any amendment of Section 230 to online misinformation posted by CHD or anyone else.
- 10 - Case: 21-16210, 12/29/2021, ID: 12327380, DktEntry: 34, Page 21 of 89 None of these statements linked general concerns about misinformation to specific posts by CHD.
Despite the procedural irregularities in CHD’s filings, - 14 - Case: 21-16210, 12/29/2021, ID: 12327380, DktEntry: 34, Page 25 of 89 the Court nonetheless considered them “as a further proffer of how CHD would amend the complaint if ...
In particular, “none of the proposed new allegations show that Zuckerberg was personally involved in any decisions regarding CHD’s Facebook page,” nor did they “show any joint action with the federal government.” 1-ER-47.
CHD nonetheless filed its notice of appeal on July 20.
Accordingly, where private defendants are involved, this Court employs a demanding two-prong test to determine whether the private actor can nonetheless be held liable for alleged constitutional harm.
CHD nonetheless attempted to invoke the joint-action and coercion tests.