In a significant ruling that upends a years-long legal battle over defamation, a Maine Superior Court judge recently denied a motion to dismiss a lawsuit filed by Robert F. Kennedy Jr. against Daily Kos writer David Vickrey. The case centers on Vickrey’s publication of false and inflammatory claims that damaged Kennedy’s reputation. Vickrey alleged that Kennedy helped cause the Samoa measles outbreak and associated him with neo-Nazis and anti-Semitic groups after a 2020 speech in Berlin. The court’s decision not only signals a victory for Kennedy but also underscores the legal consequences of spreading false information with malice.

Key accusations and de-bunking

• Accusation: Vickrey claimed that Robert F. Kennedy Jr. was complicit in the Samoa measles outbreak, stating that his advocacy led to widespread vaccination hesitancy.

De-bunking: The measles outbreak was caused by a combination of factors, including logistical delays and Samoa’s immunization campaign errors, lack of vitamin A levels and treatments, all issues unrelated to Kennedy’s statements.

• Accusation: Vickrey falsely asserted that Kennedy opposed all vaccines and promoted dangerous vaccine conspiracies.

De-bunking: Kennedy has never opposed vaccines outright but has advocated for transparency in vaccine safety research and reform in the vaccine approval process.

Accusation: Vickrey linked Kennedy to neo-Nazis and anti-Semitic groups based on his participation in a Berlin rally.

De-bunking: The rally was organized by Querdenken 711, a broad-based, peaceful movement that explicitly opposes Nazism and anti-Semitism. Kennedy’s involvement was as a speaker advocating for vaccine safety and freedom of expression.

Accusation: Vickrey claimed Kennedy wanted to cause the death of Black people and that COVID-19 was designed to save Jews.

De-bunking: These statements are factually unfounded and amount to baseless and harmful allegations aimed at discrediting Kennedy’s work.

Court ruling and its implications

The court’s decision to deny Vickrey’s motion to dismiss is a pivotal moment in this protracted legal battle. The ruling hinges on the court’s finding that Vickrey acted with “actual malice” in publishing the false statements about Kennedy. This legal threshold is high for public figures, but the court concluded that Vickrey’s repeated dissemination of debunked claims demonstrated reckless disregard for the truth.

Maine Superior Court Justice Thomas R. McKeon’s decision also rejected Vickrey’s attempt to shield himself under Maine’s anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. The court determined that Vickrey’s statements did not constitute “petitioning activity,” as defined by the statute, which protects speech aimed at influencing government action. Instead, the court found that Vickrey’s defamatory statements were personal attacks on Kennedy’s reputation, not related to any governmental proceedings.

“This is a significant win for Robert F. Kennedy Jr.,” said Robert Barnes, one of Kennedy’s attorneys. “The court has made it clear that repeating lies about him that have already been proven false is actionable. This sets a strong precedent against those who seek to abuse the First Amendment as a shield for malice.”

Mary Holland, CEO of Children’s Health Defense (CHD), which has supported Kennedy in this litigation, echoed Barnes’ sentiments. “This decision sends a clear message that there are consequences for repeating false and damaging statements about individuals,” she said. “David Vickrey’s continued defamation of Robert Kennedy Jr. has no place in a society that values truth and justice.”

Vickrey’s Defamation campaign began in 2020 when he published an article under the pseudonym “DowneastDem” on Daily Kos. The piece falsely linked Kennedy to neo-Nazis and accused him of inciting a deadly measles outbreak. Despite repeated corrections and evidence disproving these claims, Vickrey persisted in spreading the falsehoods on social media platforms like Twitter/X.

Kennedy, a prominent advocate for vaccine safety and former chairman of CHD, has been a frequent target of misinformation campaigns. His critics often mischaracterize his stance on vaccines, ignoring his calls for transparency and reform in the vaccine approval process. “These allegations are not only false but also deeply harmful,” Kennedy said in an affidavit. “They have damaged my reputation and the work of CHD, which is dedicated to protecting children’s health.”

Sources include:

ChildrensHealthDefense.org

ChildrensHealthDefense.org [PDF]

ChildrensHealthDefense.org [PDF]