Ty and Charlene Bollinger, controversial online publishers, are suing the Associated Press and Trusted News Initiative members, alleging censorship and market exclusion in violation of antitrust laws and freedom of speech, potentially initiating a landmark legal battle. Their claim is that they are being unfairly silenced and pushed out of the market.
"Wow," the Bollingers tweeted this week. "What a joke! We are suing AP and Legacy Media - who call themselves the 'Trusted News Initiative' for shutting us down so they can get the lost trust back and YOUR MONEY TOO! Just read the first 7 pages of our Antitrust Lawsuit we have filed against them."
The lawsuit, filed in January, accuses some of the world's largest news publishers and major internet companies of violating antitrust laws and freedom of speech. TNI members include The Washington Post, the BBC, Reuters, AP and tech giants such as Facebook, Google, Microsoft and the X platform (formerly known as Twitter).
The lawsuit alleges the media and tech companies have colluded to exclude rival news publishers from dominant internet platforms, particularly if their reporting contradicts the TNI members' narrative. This is specifically relevant to issues surrounding COVID-19 and U.S. politics.
Citing the alleged behavior as a group boycott, the complaint argues it is a violation of the Sherman Act, a federal antitrust law. The suit also posits that internet platforms dominated by the TNI members are critical for small news publishers, and being denied access to those platforms effectively eliminates them from the market.
The Bollingers, known for their controversial views on COVID-19, assert they have been censored and disadvantaged due to this group boycott, a 2021 AP news report said.
"The Bollingers are part of an ecosystem of for-profit companies, nonprofit groups, YouTube channels and other social media accounts that stoke fear and distrust of COVID-19 vaccines, resorting to what medical experts say is often misleading and false information," the AP report said.
The complaint also criticizes the TNI for suppressing accurate reporting and information crucial to public concern, motivated by its members' economic self-interest.
Relying on Associated Press v. United States, a 1945 Supreme Court decision, the lawsuit argues that when news organizations combine to restrain rival news suppliers' ability to publish, it is not only an antitrust law violation but also a First Amendment infringement. As such, the Bollingers' complaint contends that the TNI's actions are both a violation of the Sherman Act and a repression of freedom of speech and press.
