In a significant ruling, a federal appeals court has narrowed down a lower court’s order that limits the Biden administration’s communication with social media companies regarding controversial COVID-19 and other content.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled that the government cannot “coerce” social media platforms into removing posts it disagrees with.
However, the court rejected the broader language of a previous order that prevented government agencies from reaching out to platforms like Facebook and Twitter to request content removal.
It’s important to note that the revised order will not take immediate effect, as the administration has the option to seek a review from the Supreme Court within 10 days.
This ruling is the result of a lawsuit filed in northeast Louisiana by Missouri and Louisiana, along with a conservative website owner and individuals critical of the administration’s COVID-19 policies. The lawsuit accused the government of using regulatory threats to suppress conservative viewpoints on topics such as COVID-19 vaccines, the Hunter Biden laptop controversy, and election fraud allegations.
Louisiana Attorney General Jeff Landry celebrated the ruling on X, calling it “a major win against censorship.”
In a 75-page opinion, three judges from the 5th Circuit agreed with the plaintiffs that the administration violated the First Amendment by pressuring social media platforms with antitrust actions and changes to liability laws. However, the court removed some provisions of the original order, stating that mere encouragement to remove content may not always infringe on constitutional rights.
The ruling also removed several agencies from the order, including the National Institute of Allergy and Infectious Diseases, the Cybersecurity and Infrastructure Agency, and the State Department.
The lawsuit was heard by judges Jennifer Walker Elrod and Edith Brown Clement, appointed by former President George W. Bush, and Don Willett, appointed by former President Donald Trump. Meanwhile, Judge Terry Doughty, who issued the original order, was nominated by Trump to the federal bench.
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