Supreme Court Grants Extension on Appeals Court Order in Biden Social Media Case: Latest Update

In a move that has garnered significant attention, the Supreme Court has granted an extension to a temporary pause on an appeals court order that restricts the Biden administration’s involvement in the content moderation of social media companies. This extension allows the Supreme Court time to consider whether to halt the ruling altogether.

Justice Samuel Alito, who handles emergency requests from the Fifth Circuit Court of Appeals, has granted a brief continuation of the injunction until Sept. 27.

It is important to note that this order does not indicate how Justice Alito will ultimately vote on the issue when the court decides whether or not to issue a longer-lasting pause.

This decision comes after an appeals court ruled that the Biden administration likely violated the First Amendment by pressuring social media companies to remove specific content.

The panel of judges from the Fifth Circuit Court of Appeals unanimously concluded that federal agencies cannot exert “coercion” on social media platforms to suppress posts that counter the government’s position. The White House, FBI, and Centers for Disease Control and Prevention were found to have crossed this line, while the National Institute of Allergy and Infectious Diseases (NIAID), Cybersecurity and Infrastructure Security Agency (CISA), and State Department did not.

In court filings, the Justice Department argued that the injunction imposed by the panel was “startling” and placed unprecedented restrictions on the government’s ability to address public concerns, maintain national security, and disseminate information.

“If allowed to take effect, the injunction would inflict serious and irreparable harm on the government and the public,” U.S. Solicitor General Elizabeth Prelogar stated in a court filing.

This case was brought by two Republican attorneys general who challenged the Biden administration’s efforts to combat online misinformation, labeling it a “campaign of censorship” by the government.

In July, a federal judge ruled in favor of the attorneys general and barred government officials from contacting social media companies to influence the removal of content protected by the First Amendment. The recent decision from the appeals court significantly narrowed the scope of that ruling.

In their court filings, the attorneys general argued that top Biden officials use tactics that “threaten, pressure, and coerce” social media platforms to censor “core political speech.” They deemed this infringement on First Amendment rights as “unacceptable.”

According to them, “Federal interference fundamentally alters online discourse, making entire viewpoints nearly unspeakable on social media.”