A ruling on Tuesday by the US Court of Appeals for the Fifth Circuit marks a leap for the safeguarding of free speech within the social media arena. This decision sees the addition of the Cybersecurity and Infrastructure Security Agency (CISA) to a preliminary injunction in the ongoing legal contest of Missouri v. Biden.
Initially, a host of prominent agencies, including the White House, US Surgeon General’s office, CDC, and the FBI were barred from manipulating social media platforms in a manner that obstructs constitutional freedoms of speech.
The fight against censorship is far from novel, with the tale of Drs. Jayanta Bhattacharya, Martin Kulldorff, and Aaron Kheriaty, and Ms. Jill Hines circulating in the public domain for several years. Their experiences of being censored and throttled on social media platforms form an integral part of a broader governmental agenda to curb free speech for independent thinkers and intellectuals.
This latest ruling by the Fifth Circuit punctuates a series of preceding actions, including its September 8 ruling upholding an earlier order by District Judge Terry Doughty. Doughty’s order on Independence Day caused shockwaves by banning government officials from using their offices to manipulate social media companies into surrendering the First Amendment rights of citizens.
This persistent governmental interference has been described by Judge Doughty as perhaps “the most massive attack against free speech in United States history.” Indeed, it beautifully mirrors a dystopian reality, where a government body, akin to an Orwellian Ministry of Truth, suppresses intellectual discourse and emulation.
The suppression campaign under the Biden administration is far from prejudiced; it has methodically targeted any view conflicting with government narratives. Subjects like natural immunity to Covid-19, vaccine efficacy, origins of the virus, and the effectiveness of mask mandates have become taboo, leading to a wilful silence of experts and common citizens alike.
Such tactics have seen CISA act as a bridge between third parties, flagging potentially problematic content. Having regular interactions with social media platform representatives, they have exploited their authoritative position by pushing them to adopt practices aligned with their censorship agenda.
This has led the Fifth Circuit Court to reassess their previous position. Contrary to their September ruling which stated that communication between CISA and social media companies was constitutional, they now acknowledge that CISA had crossed the line of mere information sharing and actively influenced content moderation policies, leading to the demotion and removal of posts.
While the court order stands, a 10-day stay allows the government to seek permission for a review of the decision by the U.S. Supreme Court.
