Appeals court pauses ban on Biden officials’ Big Tech communication.

An Appeals Court Halts Injunction Blocking Biden Administration Officials from Contacting Social Media Companies

An appeals court on Friday granted a temporary halt to an injunction that had prevented numerous Biden administration officials and federal agencies from engaging with social media companies. The U.S. Court of Appeals for the 5th Circuit issued a stay on a lower court order that had prohibited officials from flagging misinformation on social media platforms. The decision also fast-tracked oral arguments on the matter, with a panel of judges set to determine whether a longer-term stay should be granted at the request of the Justice Department.

Impact on Big Tech Companies and Free Speech Protections

The initial ruling, made by U.S. District Court Judge Terry Doughty on the Fourth of July, had barred agencies such as the Department of Homeland Security, the Department of Health and Human Services, the DOJ, the FBI, and others from pressuring social media companies to remove or restrict content protected by the First Amendment’s free speech provisions. The order also affected major tech companies including Facebook/Meta, Twitter, YouTube/Google, WhatsApp, Instagram, WeChat, TikTok, and other online platforms.

Appeals Process and Government’s Response

The DOJ attorneys appealed the decision after Judge Doughty declined to pause the injunction. The case was brought by Republican state attorneys general from Missouri and Louisiana, as well as individuals who claimed harm from the government’s actions. These plaintiffs opposed the pause on the injunction while the appeals process unfolded. Judge Doughty, who was appointed by former President Trump, stated in the preliminary injunction that the Republican plaintiffs were likely to succeed in proving that the government had used its power to stifle opposition.

However, DOJ attorneys argued that the broad scope of the decision would hinder lawful government activities related to law enforcement, national security, and public discourse. The Washington Examiner reached out to the attorneys general in Missouri and Louisiana for their response.

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