A federal judge has issued a ruling prohibiting certain federal agencies and Biden administration officials from collaborating with social media companies on matters related to “protected speech.” This decision, prompted by a lawsuit filed by Republican officials, is being hailed as a victory against censorship.
U.S. District Judge Terry Doughty of Louisiana granted an injunction in response to a lawsuit brought by attorneys general in Louisiana and Missouri, alleging that the federal government was overstepping its bounds by pressuring social media companies to address posts that could contribute to vaccine hesitancy or impact elections during the COVID-19 pandemic.
Judge Doughty cited substantial evidence of a widespread censorship campaign, describing it as almost dystopian. He likened the government’s approach to an Orwellian “Ministry of Truth” during a period marked by uncertainty such as the pandemic.
Republican Sen. Eric Schmitt, the former Missouri attorney general, expressed his delight on Twitter, calling the ruling a significant First Amendment victory and a blow to censorship.
Louisiana Attorney General Jeff Landry stated that the injunction prevents the administration from censoring ordinary Americans’ core political speech on social media platforms.
In Landry’s words, “The evidence in our case is shocking and offensive with senior federal officials deciding that they could dictate what Americans can and cannot say on Facebook, Twitter, YouTube, and other platforms about COVID-19, elections, criticism of the government, and more.”
A White House official, speaking anonymously, stated that the Justice Department is reviewing the injunction and will assess its options in the case. The official emphasized the administration’s commitment to promoting responsible actions for public health and safety, while emphasizing that social media platforms have the responsibility to independently choose the information they present.
The ruling specifies several government agencies, including the Department of Health and Human Services and the FBI, that are prohibited from engaging in discussions with social media companies aimed at coercing the removal or suppression of protected free speech content.
The order names several officials, including Health and Human Services Secretary Xavier Becerra and Department of Homeland Security Secretary Alejandro Mayorkas. However, there are exceptions to these restrictions, such as informing social media companies about criminal activity, conspiracies, and national security threats.
The lawsuit involved individual plaintiffs, including conservative website owner Jim Hoft. It accused the administration of using regulatory pressure to force social media platforms to suppress what it considered misinformation during the COVID-19 pandemic, addressing topics like masks, vaccines, election integrity, and news stories related to Hunter Biden’s laptop.
The administration argued that it left it up to social media companies to determine what constituted misinformation and how to combat it. They likened the lawsuit to an attempt to silence the federal government and suppress the speech of government officials under the guise of protecting others’ speech rights.
In a court filing, the administration warned that the proposed injunction would hinder its ability to combat foreign influence campaigns, prosecute crimes, protect national security, and provide accurate public information on healthcare and election integrity.
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