The Biden administration is appealing a federal judge’s ruling that ordered the government to halt a wide range of communications with social media companies. President Biden and the other federal defendants in the case “hereby appeal” the ruling to the US Court of Appeals for the Fifth Circuit, according to a notice filed in US District Court yesterday. The US will submit a longer filing with arguments to the 5th Circuit appeals court.
On Tuesday, Judge Terry Doughty of US District Court for the Western District of Louisiana granted a preliminary injunction that prohibits White House officials and numerous federal agencies from communicating “with 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.”
Doughty found that defendants “significantly encouraged” and in some cases coerced “the social-media companies to such extent that the decision [to modify or suppress content] should be deemed to be the decisions of the Government.” The Biden administration has argued that its communications with tech companies are permissible under the First Amendment and vital to counter misinformation about elections, COVID-19, and vaccines.
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The injunction doesn’t cut off all contact between the Biden administration and social media companies. Doughty’s ruling said the government may continue to inform social networks about posts involving criminal activity or criminal conspiracies, national security threats, extortion, criminal efforts to suppress voting, illegal campaign contributions, cyberattacks against election infrastructure, foreign attempts to influence elections, threats to public safety and security, and posts intending to mislead voters about voting requirements and procedures.