Did Judges Rule that the Administration Likely Infringed on Free Speech?

In a dramatic ruling, a federal appeals court issued a mixed decision to the Biden administration regarding its efforts to combat false information about COVID-19 on social media platforms. While the court partially reversed a lower court’s injunction on the issue, it also acknowledged that the administration’s actions likely violated First Amendment rights. According to the New York Times, the three-judge panel of the US Court of Appeals for the Fifth Circuit stated that White House officials and the Office of the Surgeon General used intimidation and threats to coerce social media platforms into making moderation decisions.

However, the judges found fault with a preliminary injunction that prohibited administration officials and agencies from contacting social media companies. CNN reports that the panel deemed the injunction “vague and broader than necessary.” Consequently, the order was limited to the White House, Surgeon General’s Office, FBI, and the Centers for Disease Control and Prevention. The administration had argued that communication with social media companies was essential to protect the public from COVID misinformation and election security threats.

Louisiana Attorney General Jeff Landry celebrated the court’s ruling as a victory against censorship. “It confirms what we have said from the very beginning: the federal government is not allowed to suppress viewpoints, regardless of political ideology,” Landry remarked. Meanwhile, White House officials disclosed that the Justice Department is currently reviewing the decision, as reported by USA Today. It is worth noting that all three judges on the panel were appointed by Republican administrations. The ruling will be on hold for 10 days to give time for a potential appeal to the Supreme Court.