Justice Department Seeks Stay in Social Media Case, Citing Potential ‘Grave Harm’

The Justice Department has taken action to appeal a federal judge’s order regarding the Biden administration’s communication with social media companies, citing concerns over free speech. In a filing before U.S. District Judge Terry A. Doughty in Louisiana, led by Brian Boynton, Principal Deputy Assistant Attorney General, the lawyers argue that the order’s “broad scope and ambiguous terms” hinder the government’s ability to engage in lawful and responsible conduct.

Boynton asserts in the filing that the government’s collaboration with social media platforms prevents detrimental harm to the American people and the nation’s democratic processes. The filing states, “These immediate and ongoing harms to the Government outweigh any risk of injury to Plaintiffs if a stay is granted, and for the same reason, a stay is in the public interest.”

In a setback for the Biden administration’s efforts to combat online disinformation, Judge Doughty ruled on Tuesday that administration officials are prohibited from contacting social media companies regarding the removal, deletion, suppression, or reduction of content containing protected free speech on social media platforms.

This decision followed allegations from two Republican attorneys general, who claimed that federal officials had coordinated and colluded with social media platforms to target disfavored speakers, viewpoints, and content.

The Justice Department filed a notice of appeal on Wednesday evening, which will be reviewed by the GOP-appointed judges of the New Orleans-based 5th Circuit Court of Appeals.

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