In a recent ruling by the 5th US Circuit Court of Appeals, several high-ranking officials within the Biden administration will continue to face restrictions on their communication with major social media platforms regarding content moderation. The court’s decision, handed down on Friday, centers around allegations that President Joe Biden’s administration, in conjunction with the Centers for Disease Control, likely violated the First Amendment of the Constitution by urging social media companies to combat misinformation related to Covid-19.
A three-judge panel, composed of appointees from Republican presidents, declined the Department of Justice’s request to fully overturn a previous order issued by a Louisiana judge. This order prohibited the US government from engaging with tech companies on a variety of subjects. However, the panel did grant a temporary stay of its ruling for 10 days, affording the Department of Justice an opportunity to seek intervention from the US Supreme Court—an avenue they have signaled they are prepared to pursue.
This decision represents a partial victory for the conservative attorneys general from Missouri and Louisiana, who contended that the White House’s actions encroached upon the free speech rights of American citizens. They argued that the administration’s encouragement of social media companies to remove content and accounts accused of spreading pandemic-related misinformation, as well as certain political discourse, amounted to silencing individuals with differing viewpoints.
In a broader context, this ruling underscores the ongoing political contention surrounding the Biden administration’s approach to managing the Covid-19 crisis, with Republicans asserting that the government has stifled dissenting voices.