Berenson's Settlement Victory Strengthens His Remaining Free Speech Claims Against Private Defendants
Source: Margot Cleveland. "Alex Berenson’s Free Speech Victory Might Be The First Of Many." May 18, 2026. thefederalist.com
The Gist
A journalist who was banned from Twitter for criticizing COVID vaccines just won a settlement where the government admitted it violated his free speech rights. This admission makes it much easier for him to win his remaining lawsuit against Pfizer executives and government officials who he says conspired to silence him.
Conclusion
Alex Berenson's $150,000 settlement with the federal government, which includes an admission of First Amendment violations, significantly strengthens his ongoing legal claims against private defendants (Pfizer executives and individual government officials) under Section 1985(3) conspiracy law
Premises
- The federal government admitted in the settlement that it violated Berenson's First Amendment rights by coercing social media companies to suppress his speech
- Section 1985(3) allows lawsuits against private actors who conspire with the government to violate constitutional rights of members of a protected class
- To succeed under Section 1985(3), plaintiffs must prove both a First Amendment violation and membership in a protected class
- The government's admission of First Amendment violations eliminates one of the two main defenses available to the remaining defendants
- Evidence shows Pfizer executives conspired with Biden administration officials to pressure Twitter to ban Berenson
- Berenson represents a class of unvaccinated Americans who faced discrimination, including disproportionate numbers of African-Americans, conservatives, and evangelical Christians
Assumptions
- Government admissions in settlement agreements carry legal weight despite non-admission clauses
- Courts will recognize unvaccinated Americans as a protected class under Section 1985(3)
- The evidence of conspiracy between Pfizer and government officials is sufficient to meet legal standards
- Private defendants will be more likely to settle now that one major defense has been eliminated