07/13/2025 / By S.D. Wells
In a significant development for media freedom and antitrust law, the U.S. Department of Justice (DOJ) has filed a statement of interest supporting Children’s Health Defense (CHD) and a coalition of independent journalists and publishers in their lawsuit against major news outlets and Big Tech firms.
The plaintiffs accuse the Trusted News Initiative (TNI) — an alliance involving Reuters, BBC, The Washington Post, The Associated Press, and others — of anticompetitive collusion aimed at silencing dissent and suppressing alternative media voices, especially during the COVID-19 pandemic.
The DOJ’s 22-page filing, submitted to the U.S. District Court for the District of Columbia, argues that the TNI’s actions violate antitrust law by restricting “viewpoint competition” — a vital component of a democratic society’s free press. The statement explicitly defends the idea that competition in ideas and information is protected under the Sherman Antitrust Act, countering the defendants’ claim that antitrust laws do not apply in such contexts.
Assistant Attorney General Abigail Slater emphasized the threat posed by large corporations abusing their market dominance to suppress smaller, independent publishers:
“They harm competition and threaten the free flow of information on which consumers depend.”
Attorney Jed Rubenfeld, representing CHD, hailed the DOJ’s support as a “major affirmation” of the case’s importance. He called the TNI’s alleged censorship campaign a “grave threat to democracy”, accusing the initiative of orchestrating a deliberate attack on dissenting viewpoints, particularly those critical of mainstream pandemic narratives.
Filed in 2023, the lawsuit claims that the TNI engaged in a horizontal agreement — a form of economic collusion — to limit the reach of independent media outlets. Plaintiffs include CHD, TrialSite News, Creative Destruction Media, and high-profile voices such as Dr. Joseph Mercola, Jim Hoft of The Gateway Pundit, and Ben Swann. They argue they were deplatformed, shadow-banned, or outright censored, resulting in a substantial loss of visibility and revenue.
The plaintiffs allege that TNI members coordinated to suppress coverage labeled as “disinformation,” especially relating to COVID-19, by implementing a “group boycott” through Big Tech partners such as Meta, Google/YouTube, and Microsoft. They say this was part of a broader plan to protect legacy media interests and stifle online competition.
TNI’s website defends the coalition’s work as a necessary effort to combat harmful disinformation in real-time. However, CHD and others argue that the initiative blurred the line between moderation and censorship, colluding to eliminate alternative narratives under the pretext of public safety.
The case, previously challenged in multiple jurisdictions, gained momentum after the DOJ filed its initial notice of interest in early July. Defendants’ prior attempts to have the case dismissed were unsuccessful. The plaintiffs are seeking treble damages and a jury trial.
Legal experts note that the DOJ rarely intervenes in this way unless it considers the constitutional and economic stakes to be significant, signaling the broader implications for media competition, free speech, and the role of tech giants in shaping public discourse.
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Sources for this article include:
Justice.gov 1 [PDF]
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