Judge denies Biden admin’s request to halt social media censorship case.

Federal Judge Denies DOJ’s Request to Stay Ruling on Government Communications with Social Media Firms

A federal judge has denied the Department of Justice’s (DOJ) request to stay a ruling that places limits on government communications with social media firms. The White House argued that the order could hinder law enforcement activity online, but U.S. District Judge Terry A. Doughty disagreed.

Judge Doughty stated that his order last week already made exceptions for communications related to cyberattacks, election interference, and national security threats. He emphasized that the DOJ and Biden administration failed to provide specific examples that would demonstrate harm to the American people or democratic processes.

“Although this Preliminary Injunction involves numerous agencies, it is not as broad as it appears,” Mr. Doughty wrote. “It only prohibits something the Defendants have no legal right to do—contacting social media companies for the purpose of urging, encouraging, pressuring, or inducing in any manner, the removal, deletion, suppression, or reduction of content containing protected free speech posted on social-media platforms.”

Furthermore, Judge Doughty argued that Republican attorneys general who brought the suit are likely to succeed in proving that federal agencies and officials played a role in suppressing social media posts critical of COVID-19 vaccines or questioning the outcome of the 2020 presidential election.

The attorneys general for Missouri and Louisiana have submitted a petition opposing the Biden administration’s motion to stay the injunction. They accuse the government of pressuring social media firms to censor posts and suspend accounts.

Mr. Doughty’s ruling last Tuesday ordered the Biden administration to cease contacting social media companies about a wide range of online content, including efforts to flag alleged misinformation. The judge criticized the government’s past communications with social media companies, stating that they violated the First Amendment and likening the government’s role during the pandemic to an “Orwellian Ministry of Truth.”

The order specifically names several officials, including Xavier Becerra, Secretary of Health and Human Services, and Surgeon General Vivek H. Murthy.