In a previous ruling in the case of The State of Missouri v Joe Biden, Judge Terry Doughty agreed with the state position that evidence had clearly shown agencies of the U.S. government had infringed upon First Amendment free speech in targeting social media companies with demands for content removal. [Ruling and Injunction pdf]
The social media companies outlined in the state lawsuit include Facebook, Instagram, Meta Platforms Inc, Twitter, Google and YouTube. Evidence provided by the states showed clear and convincing evidence the government was unlawfully monitoring social media and telling the platforms to remove content adverse to their interests.
The judge outlined an emergency injunction barring government agencies such as the Department of Health and Human Services and the FBI from talking to social media companies for “the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech” under the First Amendment of the U.S. Constitution. The ruling provided narrow exceptions.
Obviously, given the scale of government involved censorship of speech within social media, the injunction was a major loss to the Biden regime, who operate -in part- with the benefit of controlling public opinion and information. The judicial ruling disrupts the ability of the Biden administration to censor the online speech of Americans.
As a result of the injunction, the DOJ is now asking Judge Doughty to stay or pause his injunction while the government files a full appeal to the 5th circuit court of appeals.
(Reuters) – The Biden administration on Thursday asked a federal judge to put on hold his earlier order barring some government agencies and officials from meeting and communicating with social media companies about moderating their content.
In a filing before U.S. District Judge Terry Doughty in Monroe, Louisiana, the administration said the judge’s Tuesday ruling was “both sweeping in scope and vague in its terms,” and likely to be overturned on appeal.
The administration appealed the order to the 5th U.S. Circuit Court of Appeals on Wednesday. If Doughty refuses to pause his own order, the administration will likely ask the 5th Circuit to do so instead while it considers the appeal.
Doughty’s order came in a lawsuit brought by Republican attorneys general in Louisiana and Missouri and by several individuals. They alleged that U.S. government officials effectively coerced social media companies to censor posts over concerns they would fuel vaccine hesitancy during the COVID-19 pandemic or upend elections. (read more)