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The Fifth Circuit Court of Appeals ruled that certain officials from President Joe Biden’s administration overstepped their bounds by pressuring social media platforms to limit specific content. The court affirmed that the White House, Surgeon General, CDC, and FBI likely infringed upon the First Amendment by urging or significantly influencing the decisions of social media companies to censor content.
We obtained a copy of the opinion for you here.
However, the court delineated its position, pointing out discrepancies with a previous lower court decision. It disagreed with the district court’s previous judgment that the NIAID, CISA, and State Department Officials had potentially violated the First Amendment.
The broader injunction originally issued by District of Louisiana Judge Terry A. Doughty in the Missouri v. Biden case sought to bar the Biden administration from pushing social media platforms to censor. This injunction was rooted in the belief that these actions suppressed protected speech.
Of the ten provisions set in the original injunction, the court decided to maintain the sixth one. This provision prohibits officials from exerting undue influence on companies to remove content. The language of this provision was revised to ensure clarity and to prevent misinterpretation. It emphasizes that government officials must not pressure social media platforms to censor protected free speech, even in indirect manners.
Elaborating on the decision, the court noted, “Under the modified injunction, the enjoined Defendants cannot coerce or significantly encourage a platform’s content-moderation decisions.” Any suggestion of adverse consequences, even if not directly communicated or realized, that may be perceived as punitive in nature by a reasonable individual, falls under this prohibition.
While the ruling marked a major development, the appeals court also accepted the Biden administration’s plea to pause the enforcement of the injunction for ten days, allowing them time to approach the Supreme Court.
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Reclaim The Net is a free speech and online privacy organization that defends our individual liberty by pushing back against big tech and media gatekeepers. Much of their work focuses on exposing digital tyrants and promoting free speech and privacy-friendly alternative online services. Visit reclaimthenet.org