“The Court finds that the First Amendment claim is unlikely to succeed on the merits because Google and YouTube are not state actors,” wrote Judge Trina Thompson, who was nominated to serve on the Court by Joe Biden in 2021, and confirmed by the U.S. Senate in 2022.

“Second, Plaintiff was not, and will not, be irreparably harmed if a temporary restraining order is not issued because he does not demonstrate urgency or that he will not be able to share his videos through other sites and methods.”

Here is where it gets really bad.

In the ruling, Judge Thompson also argued that even if Kennedy could establish that YouTube is a state actor, the First Amendment does not necessarily protect “medical misinformation.”

Citing previous cases that recognized a public interest consideration in First Amendment cases, Thompson wrote “the coronavirus still poses a health risk to certain individuals, and it would not serve the public interest to let medical misinformation proliferate on YouTube.”

Astonishing.