Categories
Uncategorized

Contentious Otter Editorial: Why anti-vax propagandists can face legal jeopardy for false claims about Covid19 vaccines

The growing number of Americans who are still unvaccinated, and who are becoming deathly ill from the Covid19 Delta variant has many Americans wondering if anti-vax conspiracy theorists could face criminal or civil liability for spreading false claims and propaganda.

Legal jeopardy for these groups comes from two key areas: libel claims originating from the drug companies that manufactured the vaccines, and proceedings based on 18 USC § 1038: False information and hoaxes.

Because the number of companies manufacturing vaccines in current use in the United States consists of Pfizer-Biontech, Moderna and Johnson and Johnson, any statement made about vaccines collectively could clearly be interpreted as a claim against those three entities. Because of the extremely ridiculous nature of claims about Covid19, including claims that the vaccines turn you into a magnet, that they contain nanobots, it would be relatively easy for a plaintiff to show that a defendant promoted improper claims with a reckless disregard for the truth. It’s quite possible the trio of pharmaceutical companies that manufactured the Covid19 vaccine may decide to ask their legal departments to create internship programs for law students where they’ll have the chance to assist with filing hundreds of libel claims against the clown-shoes right-wing trolls that aired so many ridiculous claims about the Covid19 vaccines.

18 USC Section 1038: False information and hoaxes declares that:

(1)In general.—Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—

(A)be fined under this title or imprisoned not more than 5 years, or both;

(B)if serious bodily injury results, be fined under this title or imprisoned not more than 20 years, or both; and

(C)if death results, be fined under this title or imprisoned for any number of years up to life, or both.

Chapter 10 of title 18 deals with biological weapons. The extremely reckless nature of right-wing echo chamber claims about the origins of the Covid19 virus and the nature and long term implications of the Covid19 vaccines easily meets the standard of “…conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter …10…” While it’s entirely possible that lawyers for the defense will attempt the “Tucker Carlson defense”, of claiming that “no reasonable person” believes the wild conspiracy theories circulated about Covid19, the reality is that a lot of people do believe Tucker Carlson, and a lot of people believe those conspiracy theories, so much so that in many deep red counties vaccination rates are still well below fifty percent. The Carlson defense should not be accepted by any court when it’s clear that an arbitrary and capricious determination of what constitutes “reasonable” fails to hold malicious actors responsible for the harm they cause.

The relevant Supreme Court statute is the case Schenk v. United States. In that case members of the Communist Party were found guilty of distributing materials which violated the Espionate Act by making false claims about the draft in an attempt to promote insuboordination in the US military. An aggressive prosecutor could try to argue that, given reports of the Russian Government being involved in promotion of anti-vax propaganda, and in recognition of the extensive ties that exist between the Russian government and many with ties to the Trump Administration, that such claims could be considered under the Espionate Act, but a more productive approach may be to focus on language in the Schenk ruling 18 U.S. Code § 371regarding harm to the United States, and declare that the promotion of conspiracy theories constitutes an effort to undermine 42 U.S. Code § 264 of the Public Health Act. While Schenk was decided in time of war, prosecutors should stress that these malicious anti-vax claims are coming during a public health emergency, where the number of Americans who have die is greater than any conflict since the Civil War.

Additionally, because so many of the people becoming ill with the Delta variant are relying on Medicare or Medcaid to cover their health costs, the promotion of anti-vax propaganda has clearly led to a dramatic increase in health-18 U.S. Code § 371care costs for the US Government. The promotion of false information that results in a massive financial liabilities for the Federal Government should also be charged as a violation of 18 U.S. Code § 371 – Conspiracy to commit offense or to defraud United States.

Individuals spreading anti-vax conspiracy theories are contributing to increased suffering for American citizens, as well as dramatically increased costs for the Federal Government. It is time to start holding the conspiracy theorists accountable.

 

Created by potrace 1.16, written by Peter Selinger 2001-2019

Hegseth COMPLETELY AND TOTALLY EXONERATED

10 hours ago

Tom Emmer promises Dems will regret winning

12 hours ago

Jim Jordan wins House GOP leadership, lol

14 hours ago

“Many Democrat lawmakers are going to find themselves under indictment and fighting conviction… Watch”: Roger Stone to Axios

18 hours ago

Bidenflation increases 0.4 percent in October, beating expectations

19 hours ago

WATCH LIVE: Petey Pee Pants calls impeachment gay and soy

20 hours ago

Orange Baby still demanding Dan Sullivan be declared winner

20 hours ago

Orange God Emperor holds impromptu press briefing: Watch live

1 day ago

“Voters made the wrong choice”

2 days ago

Massie intros Hegseth impeachment articles

2 days ago

Nvidia CEO hired top sex scandal specialist PR firm a year ago

2 days ago

There it is: Trump “Stop the Steal 2026” edition

2 days ago

Russell Brand gets 10.5 years in the joint following rape conviction

2 days ago

Jaydee “blamed the Jews for losing the election”: Randy Fine

2 days ago

Jensen Huang in better shape with Trump than JD Vance

2 days ago

Katie Miller cancels podcast

2 days ago

Todd says he’s investigating Dem “threats”: Sunday Live updates

3 days ago

Mentally ill senior having fun Saturday shitposting on internet

4 days ago

Will Dems even need to nuke the filibuster in 2029?

4 days ago

Top Trump crony Huang targeted by sexy Chicom intel agent

4 days ago

WATCH LIVE: Trump complains about losing to NASA

4 days ago

Wiles fired, Stephen Miller promoted to White House Chief of Staff

5 days ago

RNC chair, who just oversaw worst loss in decades, endorsed

5 days ago

“Grand Conspiracy” case’s lead prosecutor resigns

5 days ago

Cybertruck era ends with such poetic timing

5 days ago

President mentally incapable of serving: Fox News exit poll majority

5 days ago

Stock market as volatile as presidential emotions

5 days ago

WATCH LIVE: Loser snaps at reporters for an indefinite period

5 days ago

Orange Overlord trying to maneuver Hegseth into Senate

6 days ago

Lauren Boebert’s OnlyFans launches just a few years late

6 days ago

Harmeet Dhillon out from Regime DOJ

6 days ago

Russell Brand convicted on rape and sexual assault charges in UK

6 days ago

Trump has “every intention to keep” Hegseth

6 days ago

“Maybe we could get asylum in Israel”

6 days ago

Frau Ingraham would cry if her tear ducts weren’t cauterized shut

6 days ago

NRCC chair Dick Hudson concedes

7 days ago

WATCH LIVE: Trump champions ballroom accomplishment

7 days ago

Hegseth firing imminent: CBS

7 days ago

Jaydee posts 604-word jeremiad, admits Iran war doomed GOP

7 days ago

Mike Johnson to return to backbench, Jim Jordan to run for leader

7 days ago

Libs: Owned

7 days ago

Katie Miller didn’t vote

7 days ago

MAGA Evangelical mopes over crushing defeat

7 days ago

MIDTERMAGEDDON 2026: National Zero Special Live Coverage

1 week ago

Netanyahu and minions plan to contest election results

1 week ago

Vote Republican because if THEY killed Charlie Kirk (while Republicans fully controlled DC) then THEY can kill you too

1 week ago

Regime sends criminal target letters to Dems linked to Alaska scam

1 week ago

Guam now a symbol of hope for GOP

1 week ago

MAGA Land not falling for Democratic efforts at outreach

1 week ago

Trump claims he’s ending all aid to Israel

1 week ago

x
x
x
x
x
x