Ninth Circuit Holds Senator Warren's Letter to Amazon Was Protected as Persuasive Speech

MLRC MediaLawLetter

By Margaret Strouse
June 7, 2023

Robert F. Kennedy, Jr. and others sought an injunction against Senator Elizabeth Warren after she wrote an open letter to Amazon claiming that a book they had written and published “perpetuates dangerous conspiracies about COVID-19.” The United States Court of Appeals for the Ninth Circuit affirmed the denial of the requested injunction, holding that the plaintiffs’ underlying lawsuit was not likely to succeed on the merits because Sen. Warren’s letter was not an unlawful attempt to coerce Amazon to stifle their speech. Kennedy v. Warren, 66 F.4th 1199 (9th Cir. May 4, 2023).

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