The U.S. Supreme Court Keeps Injunction on Biden Administration’s Communication with Social Media Companies
The U.S. Supreme Court has upheld a temporary injunction on restrictions imposed by lower courts regarding the Biden administration’s ability to communicate with social media companies in relation to removing content deemed as misinformation.
Justice Samuel Alito has temporarily halted a preliminary injunction that limited how federal officials and the White House could interact with platforms like Facebook, Instagram, YouTube, and X (formerly Twitter). Last year, attorneys general from Missouri and Louisiana filed a lawsuit against the administration and other federal officials, accusing them of censoring conservative viewpoints on topics such as the 2020 election and COVID-19 vaccines.
This order will keep the matter on hold until October 20, allowing the Supreme Court more time to consider the Biden administration’s request to block a lower court ruling that found officials likely coerced the companies into censoring certain posts, violating the First Amendment’s free speech protections.
Justice Alito initially placed a temporary hold on the injunction on September 14, pending the justices’ review. The hold expired as a lower appeals court reheard the case. Alito is the designated justice for matters arising from a group of states, including Louisiana where the lawsuit was filed.
Last July, U.S. District Judge Terry Doughty from Louisiana blocked the Biden administration from communicating with tech firms, stating that the plaintiffs were likely to succeed in their lawsuit. The judge accused the federal government of suppressing views on COVID-19 masks, lockdowns, vaccines, and fraud claims related to the 2020 election.
At the time, Judge Doughty warned that “during the COVID-19 pandemic, the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.'”
Later, the U.S. Fifth Circuit Court of Appeals narrowed down the lower court’s injunction but affirmed that the White House, Surgeon General’s office, U.S. Centers for Disease Control and Prevention, FBI, and the Cybersecurity and Infrastructure Security Agency (CISA) cannot communicate with tech firms regarding content moderation.
The appeals judges wrote at the time that “the officials likely violated the First Amendment” and that “CISA likely significantly encouraged the platforms’ content-moderation decisions and thereby violated the First Amendment.”
House Judiciary Chairman Jim Jordan (R-Ohio) and other House Republicans filed a court document supporting the lower court’s preliminary injunction, accusing federal authorities of suppressing speech that violates the First Amendment.
The Centers for Disease Control and Prevention (CDC) was among the agencies that were barred from communicating with social media firms. The headquarters is seen here in a file photo. (Tami Chappell/AFP via Getty Images)
“On issue after issue, the Biden Administration has distorted the free marketplace of ideas promised by the First Amendment, bringing the weight of federal authority to bear on any speech it dislikes,” wrote the GOP members of Congress in their filing.
Response
An emergency filing from the Department of Justice (DOJ) last month requested the high court to allow officials to respond to online posts that they believe pose a public health risk. The DOJ argued that federal officials need to be able to address such posts for national security reasons.
“Under the injunction, the Surgeon General, the White House Press Secretary, and many other senior presidential aides risk contempt if their public statements on matters of policy cross the ill-defined lines drawn by the Fifth Circuit,” wrote Solicitor General Elizabeth Prelogar for the DOJ. “CDC officials run the same risk if they accurately answer platforms’ questions about public health. And FBI agents risk being hauled into court if they flag content posted by terrorists or disinformation disseminated by covert malign foreign actors.”
Prelogar argued that the order issued by Judge Doughty was “vastly overbroad” and covered thousands of federal officers and employees, applying to communications with all social media platforms.
This case is one of many legal battles that pit free speech against content moderation on the internet. Democrats and liberals often warn about posts on platforms related to public health, fraud, and vaccines, while Republicans accuse these platforms of censoring their viewpoints.
In their 2022 lawsuit, the Republican attorneys general for Missouri and Louisiana claimed that content related to Hunter Biden’s laptop, initially published by the New York Post two weeks before the 2020 election, was also blocked by Twitter, Facebook, and other social media platforms.
They also alleged that the Biden administration pressured social media platforms with the threat of an antitrust lawsuit or changes to federal laws protecting these firms from lawsuits related to user posts.
Reuters contributed to this report.
Opponents of the Biden administration’s stance on PAA argue that it infringes on individuals’ free speech rights and gives the government excessive power to regulate and control the flow of information. They contend that social media platforms should be allowed to moderate content based on their own policies and guidelines, rather than being subjected to government oversight.
” rel=”noopener noreferrer”>appeal filed by the Biden administration argues that the lower courts’ restrictions on communication with social media companies impede the government’s ability to address the spread of misinformation and protect public health. The administration contends that it is not infringing on free speech rights but rather combating disinformation that poses a threat to public safety.
Supporters of the Biden administration’s position argue that social media platforms have a responsibility to combat misinformation and disinformation, particularly during a public health crisis. They argue that the government should
Now loading...