The Biden administration is seeking an emergency stay against a federal judge's order that limits how government officials can communicate with social media companies regarding alleged misinformation. This legal battle stems from a lawsuit initiated by Republican attorneys general and others who argue the administration's actions amount to censorship of protected speech.
Judge Terry Doughty's July 4th ruling, which the administration unsuccessfully attempted to stay, restricts government agencies like the Department of Health and Human Services and the FBI from contacting social media platforms to encourage content removal related to protected free speech. The lawsuit specifically highlighted concerns around discussions of COVID-19 vaccines, Hunter Biden's legal issues, and election fraud claims.
The administration contends that the injunction hinders its ability to address critical issues and protect the public, causing "irreparable harm." They argue it prevents collaboration with social media companies on vital initiatives related to public safety and democratic processes. Conversely, Judge Doughty's order asserts that the administration's actions resemble an "Orwellian 'Ministry of Truth,'" and he has refused to stay the injunction while it's being appealed.
The administration's appeal emphasizes the importance of government communication with social media platforms on matters of public concern and for law enforcement purposes. However, the plaintiffs maintain that the injunction provides exceptions for contact regarding criminal activity, national security threats, and specific election-related issues. It also permits government speech promoting public policies and viewpoints.
U.S. President Joe Biden speaks during a State of the Union address.
Signage outside the US Department of Justice (DOJ) headquarters.
