The US Justice Department has formally filed a notice of appeal against a court ruling that prohibits federal agencies and officials from engaging in discussions with social media companies to censor speech on their platforms.
The ruling in favor of free speech, justified by First Amendment rights, has been met with consternation by the Biden Administration, which says it poses a restriction on their efforts to counter the dissemination of what it says is “misinformation.”
The appeal was submitted to the 5th US Circuit Court of Appeals in New Orleans this past Wednesday, in response to an injunction imposed by US District Judge Terry Doughty, alongside a lengthy opinion on the case.
Judge Doughty asserted in his detailed ruling that the manner in which federal officials communicated with technology giants such as Twitter and Facebook about the removal or restriction of content – specifically pertaining to Covid the 2020 election likely constituted a violation of First Amendment protections for US citizens.
Information, whether truthful or not, is not supposed to be in the purview of the government to police. Though, the Biden administration has attempted to defend its engagement with social media companies as a necessary approach to protecting public health and safety.
Conversely, the plaintiffs, who include the Republican attorneys general of Missouri and Louisiana, contend that the federal government’s communication with these companies amounted to a state-sanctioned censorship campaign.
In the initial ruling, Judge Doughty issued an injunction preventing a wide range of federal entities from engaging in communication with any social media company to urge, encourage, pressure, or induce the removal or suppression of speech.
However, the ruling does provide for certain exceptions. Notably, it permits government engagement with social media companies in instances involving criminal activity (including that which is election-related), national security concerns, or other threats to public security.
The appeal by the Justice Department marks a significant development in an ongoing legal matter that has far-reaching implications for the relationship between the government and social media platforms and the ability of the government to suppress speech.
