Appeals Court Throws Out Alex Berenson's Case Against Pfizer Executives

Authored by Zachary Stieber via The Epoch Times,

A federal appeals court has thrown out a lawsuit from independent journalist Alex Berenson accusing Pfizer executives of pressuring Twitter to censor him because of his comments opposing COVID-19 vaccines.

In a file image from video, Alex Berenson speaks during an interview with The Epoch Times. The Epoch Times

A unanimous panel of U.S. Court of Appeals for the Second Circuit judges on Oct. 20 determined that Twitter's terms of service were not altered by a subsequent "five strikes" policy and promises made to Berenson that his posts on COVID-19 vaccines would not lead to strikes.

The terms said that Twitter may suspend or terminate an account "at any time for any or no reason," including for violations of Twitter rules and policies.

"The five-strike policy is clearly among the 'Rules and Policies' that the Terms of Service contemplates," the circuit judges said in the decision.

"However, the provision makes clear that suspension or termination of an account is not limited to violations of that policy; rather, as noted above, such suspension or termination could be 'at any time for any or no reason.'

"Thus, the five-strike policy is not wholly incompatible or inconsistent with the Terms of Service and did not modify it."