Court finds Biden administration guilty of illegal censorship. What happens next?
The Biden Administration Faces Setback in First Amendment Case
The Biden administration has once again suffered a blow in a First Amendment case, limiting its efforts to combat hate speech and misinformation. The U.S. Court of Appeals for the 5th Circuit ruled on Friday that the Biden White House and certain government agencies overstepped their boundaries in attempting to influence how social media companies regulate their platforms.
Debate Over Free Speech and Government Power
As the debate over free speech and the limits of government power rages on, the questions now arise as to how the administration will respond and whether it will appeal to the Supreme Court.
In 2020, White House officials pressured social media companies regarding election information, and during the COVID-19 pandemic, they influenced discussions on vaccine efficacy. Then-press secretary Jen Psaki even boasted in July 2021 that “we’re flagging problematic posts for Facebook.” However, the courts have deemed these efforts to be excessive. On July 4 of this year, Judge Terry A. Doughty issued a preliminary injunction preventing Biden officials from contacting social media companies altogether.
The latest ruling slightly curtails these restrictions, but conservatives and many free speech advocates still consider it a victory. It allows limited contact between the two parties and specifically targets speech that would ”coerce or significantly encourage social media companies to remove, delete, suppress, or reduce, including through altering their algorithms, posted social-media content containing protected free speech.”
Impacted Agencies and the Court’s Decision
The ruling affects the White House, surgeon general’s office, Centers for Disease Control and Prevention, and the FBI, while removing restrictions at the State Department, Department of Homeland Security, and Health and Human Services. None of the affected agencies responded to inquiries from the Washington Examiner.
The 5th Circuit stated in its ruling that the White House used intimidation and threats rather than mere encouragement or conversation to coerce platforms into making moderation decisions.
Attorney Jenin Younes from the New Civil Liberties Alliance hailed the decision as an ”unprecedented, historic” recognition of Americans’ First Amendment rights. She emphasized that the government cannot force or encourage social media companies to censor views they dislike. Younes believes the Biden administration is likely to appeal to the Supreme Court, but notes that the current composition of the court has shown skepticism towards executive branch power in recent terms.
Compliance and the Responsibility of Social Media Platforms
Despite speculation that the administration might ignore the ruling, Younes predicts that officials will comply due to the potential personal accountability for violations once the court has made its views known.
The White House maintains that social media platforms have a “critical responsibility” to consider the impact of content on public health, safety, and security. Press secretary Karine Jean-Pierre, who is named in the 5th Circuit’s ruling, stated that they will continue to promote responsible actions in the face of challenges such as a deadly pandemic and foreign attacks on elections.
Concerns Over Censorship and Government Power
Judges concluded that the administration’s efforts went too far, and some free speech advocates highlight the slippery slope of determining what speech is allowed or deemed harmful.
Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression, warns against the concentration of power in the hands of any presidential administration. He points out that the alleged censorship occurred under both the Biden and Trump administrations. Terr emphasizes the need for legislation that promotes transparency in government speech and allows the public to see its interactions with private businesses.
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