The U.S. Justice Department has moved to overturn a recent ruling that prevents certain federal agencies and officials from engaging with social media companies regarding content moderation. This decision comes in the context of a lawsuit backed by Republican officials against the Biden administration.
On Monday, the department requested that the 5th U.S. Circuit Court of Appeals, located in New Orleans, issue a stay on the preliminary injunction imposed by U.S. District Judge Terry Doughty, who presides in Louisiana.
Judge Doughty’s ruling prohibits federal entities such as the Department of Health and Human Services and the FBI from communicating with social media platforms in a manner that could influence the removal or suppression of content deemed as protected free speech. This decision is rooted in accusations from the attorneys general of Louisiana and Missouri, who have argued that the government misused the COVID-19 pandemic and misinformation threats to suppress dissenting opinions.
Appointed by former President Donald Trump, Judge Doughty’s injunction referenced the First Amendment, which protects individuals against government restrictions on free speech.
The Justice Department’s filing aims for a stay while it appeals the judge’s injunction.
The order specifically identifies certain officials, including Secretary of Homeland Security Alejandro Mayorkas and Jen Easterly, head of the Cybersecurity and Infrastructure Security Agency, as being restricted from communication with social media firms under the injunction.
Federal representatives have maintained that their outreach to social media companies was intended to address misinformation surrounding American elections and COVID-19 vaccinations, with the goal of reducing preventable deaths.
The Justice Department criticized the judge’s order, arguing that it threatens lawful government actions and could place the judiciary in a position of overseeing executive branch communication. This raises serious concerns about the balance of powers among the different branches of the U.S. government, as outlined in the Constitution.
Notably, Doughty’s order does permit some communication between government officials and social media platforms, particularly in cases concerning national security risks and criminal activities.
© Thomson Reuters 2023
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