The Biden administration plans to challenge a federal court decision that suggests it infringed upon the First Amendment by engaging with tech companies regarding social media content moderation. A recent Bloomberg report reveals that the Department of Justice intends to appeal the ruling, which restricts certain government officials and agencies from communicating with social media platforms to suppress speech. The appeal will be filed with the 5th US Circuit Court of Appeals in New Orleans.
White House Press Secretary Karine Jean-Pierre addressed the ruling, stating the administration's disagreement but avoiding a direct response to questions about censorship of conservative viewpoints. The initial injunction, issued by Louisiana Judge Terry A. Doughty, stemmed from lawsuits by Louisiana and Missouri attorneys general. These lawsuits contend that the White House exerted pressure on tech companies to stifle free expression during the COVID-19 pandemic.
The court order prevents several high-ranking officials, including cabinet members like Homeland Security Secretary Alejandro Mayorkas, Health and Human Services Secretary Xavier Becerra, Surgeon General Vivek Murthy, and Press Secretary Karine Jean-Pierre, from interacting with social media platforms for the purpose of suppressing speech. Major tech companies such as Google, Meta, and Twitter are named in the lawsuits.
Judge Doughty's injunction asserts that the government's actions likely violated the Free Speech Clause, dismissing the defendants' arguments. It also highlights that the alleged censorship primarily targeted conservative speech, while emphasizing that the underlying issues transcend partisan politics.
