Appeals court limits order limiting Biden administration’s contact with social media platforms

Federal Appeals Court Limits Biden Administration’s Communications with Social Media Platforms

In a significant development, the 5th U.S. Circuit Court of Appeals in New Orleans has scaled back a lower court’s order that restricted the Biden administration’s ability to communicate with social media companies regarding controversial content, including COVID-19-related information. The appeals court ruled that the White House, Surgeon General, Centers for Disease Control (CDC), and the FBI cannot “coerce” social media platforms into removing posts that the government disagrees with. However, the court did reject certain aspects of the lower court’s order that blocked government agencies from contacting platforms like Facebook and X (formerly Twitter) to request content takedowns.

The revised order from the appeals court will not take immediate effect. The Biden administration has 10 days to seek a review by the Supreme Court. The ruling came in response to a lawsuit filed in northeast Louisiana, alleging that administration officials were using threats of antitrust actions or changes to federal law to pressure platforms into removing content. The lawsuit specifically mentioned topics such as COVID-19 vaccines, the FBI’s handling of President Joe Biden’s son’s laptop, and Election fraud allegations, claiming that the administration was attempting to stifle conservative viewpoints.

The lawsuit was filed by the states of Missouri and Louisiana, along with a conservative website owner and four individuals who opposed the administration’s COVID-19 policies. Louisiana Attorney General Jeff Landry hailed the ruling as a “major win against censorship” in a post on X.

In an unsigned 75-page opinion, three judges from the 5th Circuit agreed with the plaintiffs, stating that the administration had violated the First Amendment by occasionally threatening social media platforms with antitrust action or changes to liability laws. However, the court removed several provisions from the lower court’s ruling, stating that encouraging content takedowns does not always infringe upon constitutional rights.

The appeals court’s ruling also removed certain agencies, including the National Institute of Allergy and Infectious Diseases, the Cybersecurity and Infrastructure Agency, and the State Department, from the order. The case was heard by judges Jennifer Walker Elrod and Edith Brown Clement, who were nominated to the court by former President George W. Bush, and Don Willett, nominated by former President Donald Trump. The lower court judge, Terry Doughty, was nominated by Trump.

This ruling has implications for the ongoing debate surrounding social media content moderation and the role of the government in regulating online platforms. It remains to be seen how the Biden administration will respond and whether they will seek further review from the Supreme Court.

Original Story at abcnews.go.com – 2023-09-08 23:44:54