July 6 (UPI) — The Biden administration is appealing a recent court order that restricts various federal agencies and specific employees from communicating with social media companies regarding most content posted on their platforms.
The Justice Department filed its notice of appeal to the U.S. Court of Appeals for the Fifth Circuit on Wednesday. The appeal comes after U.S. District Judge Terry Doughty, an appointee of former President Donald Trump, ruled in favor of Missouri and Louisiana in a case focused on the Free Speech Clause of the First Amendment.
In May 2022, Missouri, Louisiana, and several doctors filed a lawsuit accusing the Biden administration of pressuring social media platforms to censor conservative and right-wing opinions, under the pretext of combating disinformation and misinformation related to COVID-19.
In his ruling on Tuesday, Judge Doughty stated that the plaintiffs presented “substantial evidence supporting their claims that they were victims of a widespread censorship campaign” and that during the COVID-19 pandemic, “the United States government has assumed a role similar to an Orwellian ‘Ministry of Truth’.”
The federal agencies named in Doughty’s order, which prohibits communication with social media platforms about a significant portion of the content published on these platforms, include the Department of Health and Human Services, the National Institute of Allergy and Infectious Diseases, the U.S. Census Bureau, the FBI, and the Justice Department.
However, Doughty’s order does not prohibit communication with social media companies regarding criminal activity, national security threats, criminal efforts to suppress voting, malicious cyber activities, and threats to public safety and security.
In response to the ruling, the White House defended its interactions with social media companies in a statement to CNN, stating that they take actions to protect public health, safety, and security, especially when faced with challenges like a pandemic and foreign attacks on elections.
The White House’s official position remains that social media platforms have a crucial responsibility to consider the impact of their platforms on the American people and to independently make choices about the information they present.
Prior to the Justice Department’s appeal filing, White House press secretary Karine Jean-Pierre expressed disagreement with Doughty’s ruling during a press conference. She stated that the DOJ is reviewing the ruling and that they will wait for their evaluation of potential future actions.
Missouri Attorney General Andrew Bailey, a Republican, described Doughty’s order as a victory over the “largest First Amendment violation in American history.”
“The fight for our freedoms is just beginning,” he tweeted.
