COVID Vaccine Skeptic Alex Berenson’s Lawsuit over Termination of His Twitter Account Thrown Out

From Berenson v. Gottlieb , decided yesterday by Judges Pierre Leval, Richard Wesley, and Joseph Bianco: Plaintiff-Appellant Alex Berenson … is an independent journalist and author of a book about the COVID-19 pandemic. Berenson was an active Twitter user during the COVID-19 pandemic, posting about, inter alia, “the public policy response to COVID-19 and the vaccines.” S ee also Appellant’s Brief (describing Berenson as “a vocal critic of the public policy response to COVID-19, questioning the underlying evidentiary basis for business and school closures”). Berenson’s Twitter follower count rose from approximately 7,000 in January 2020 to more than 229,000 by March 2021. Berenson alleges the existence of a conspiracy by the Biden Administration and Pfizer executives “to pressure Twitter to suspend [his] account and mute his voice as a leading COVID-19 vaccine skeptic.” … In May 2020, Twitter announced that it may append labels or warning messages to tweets related to COVID-19 misinformation. Berenson tweeted that he was “concern[ed] about what the new rules might mean for free speech on [Twitter].” In response, Twitter’s Vice President of Global Communications Brandon Borrman contacted Berenson to discuss the new policy. In December 2020, Twitter announced a new policy with respect to COVID-19
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