A federal appeals court has temporarily paused a lower court’s order that had limited the Biden administration’s communications with social media companies regarding controversial online posts.
Legal Details: The lawsuit was filed last year, claiming the administration was, in effect, censoring free speech by discussing possible regulatory actions while pressuring companies to remove what it deemed misinformation.
* U.S. District Judge Terry Doughty had issued an injunction on July 4, blocking multiple government agencies and officials from influencing the removal or suppression of content containing protected free speech.
Court’s Move: The appeals court order put Doughty’s injunction on hold “until further orders of the court,” and called for arguments on an expedited basis.
* The administration lawyers had argued that Doughty’s order was overly broad and vague, and could hinder the administration’s efforts to combat online misinformation.
Responses: Doughty rejected the administration’s request for a stay, arguing that the government sought to continue violating the First Amendment, while the administration denied evidence of threats.
* The “administrative stay” was issued by a panel of three 5th Circuit judges, a different panel from the court will hear arguments on a longer stay.
The Controversy: The lawsuit spotlighted topics including COVID-19 vaccines, legal issues involving President Joe Biden’s son Hunter, and election fraud allegations.
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