Conservative News Daily

Appeals Court: Biden Likely Breached First Amendment by ‘Suppressing’ Social Media Info

The‍ U.S. Court of‌ Appeals for ⁣the​ Fifth ‌Circuit Rules Biden Administration May Have ⁣Violated⁢ First Amendment

The U.S. Court⁤ of Appeals for the Fifth Circuit in New Orleans has ruled on Friday that the Biden administration may have run afoul of​ the First Amendment in its efforts to exert ​pressure ⁢on social media⁢ platforms regarding contentious COVID-19 ⁢content.

This‍ ruling has sparked debate over the government’s role in regulating online speech.

A panel of judges, all⁢ GOP nominees, concluded ⁢that the ⁤White House, health officials,⁢ and the FBI may have ‍infringed ⁤on First Amendment ​rights by pressuring technology companies to suppress or remove content related to ‍COVID-19 and the‍ 2020 election, Fox ⁤News​ reported.

The ⁤judges argued, in their 75-page verdict, that these efforts amounted to coercion, potentially violating free‍ speech rights.

The panel of judges, which is made up of two Bush ​nominees⁤ and one​ Trump nominee, asserted that it ‌is inappropriate for President Biden, the‍ U.S. Centers⁣ for⁤ Disease Control and ⁤Prevention (CDC), the FBI, and the surgeon general to exert ‌pressure on social media platforms to remove content they​ deemed‍ troublesome.

They did, however, overturn ‌a previous Louisiana judge’s ruling that prohibited the government from contacting social media platforms to ‍encourage content removal.

The court’s decision now gives the administration ten days to‍ seek a Supreme Court​ review, leaving the fate of this case in the hands of the highest court ‍in the land, Bloomberg Law reported.

“The officials have engaged in a broad pressure campaign designed⁤ to coerce social-media companies into suppressing⁣ speakers,‍ viewpoints, and content disfavored by the government,” the three-judge panel wrote.

“The harms that radiate from such conduct extend far beyond just the Plaintiffs; ⁣it impacts every‍ social-media user.”

Nevertheless, this order narrows the scope ‍of the injunction that had previously targeted ‍the State Department, the Department of Homeland Security, and Health and ​Human Services, according to NPR.

The new ruling applies ⁤exclusively to the White House, the surgeon general, the CDC, and the FBI.

This case⁢ originated from a ⁣lawsuit filed by the states of Missouri ⁢and Louisiana, a conservative website owner, ‍and four ​individuals who held dissenting views regarding the establishment’s COVID-19 ⁢policies, according⁣ to Fox News.

They accused government officials of ⁤coercing social media platforms into removing content covering ⁢topics ‍like election​ fraud, the FBI’s handling of Hunter Biden’s laptop, and the COVID-19 pandemic, USA Today reported.

Viewed‍ by many as at⁤ least a partial victory for conservatives, the court’s ruling also found that the administration had used “intimidating messages and‍ threats of ‌adverse consequences” to coerce social media platforms into making content moderation decisions,‍ which the court ⁣deemed ⁤a⁣ violation free ⁣speech right.

Louisiana Attorney General Jeff Landry hailed the decision⁢ on X, formerly Twitter, as a “major ⁣win against censorship,” emphasizing ⁤that it underscores ⁢the importance of protecting freedom of speech regardless of political ideology.

Missouri Attorney General Andrew Bailey also took to X to celebrate the ruling, posting: “The Fifth Circuit has upheld the district court’s ⁣order ⁤in our free speech case, Missouri⁣ v. Biden, enjoining the White House,⁣ Surgeon ⁤General, CDC, ‌& FBI from violating the First⁤ Amendment rights of millions ​of Americans.”

In ⁤response to the ruling, the White House said in ⁣a statement, ​“DOJ ⁣is reviewing the court’s decision​ and will evaluate its options in this case.”

The administration reiterated its‌ stance that social media platforms should take ​responsibility for the impact of their platforms ​on the American people ​while making independent choices about the​ information⁤ they present, according to USA Today.

“Our consistent view remains that social media platforms have a critical ‌responsibility to​ take account of the effects ‍their platforms are having on the American people, but make independent choices about the information they present.”

However, the Fifth ⁢Circuit did also criticize the injunction issued by U.S. District ⁣Court Judge Terry A. Doughty, ⁢a Trump nominee, ⁤as “overbroad” and potentially‌ limiting legal government actions.

The⁣ appeals court highlighted⁣ that many provisions ‌in the injunction were “duplicative” and “unnecessary.”

The post Appeals Court‍ Affirms Biden Likely Violated First‍ Amendment While ‘Suppressing’ Information on Social Media ⁤ appeared first on The Western ‌Journal.



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