A federal appeals court ruled Friday that the Biden administration likely violated the First Amendment with some of its communications with social media companies.
Specifically, the US 5th Circuit Court of Appeals found that some White House administration officials such as the Surgeon General, FBI, and US Centers for Disease Control “coerced or significantly encouraged social media platforms to moderate content” to curb COVID-19 disinformation, a move that violated the First Amendment.
That said, the judge found that a preliminary injunction issued on July 4th by a judge in Louisiana that prohibited the Biden administration from communicating with social media companies are certain types of content was “both vague and broader than necessary to remedy the Plaintiffs’ injuries, as shown at this preliminary juncture.”
The suit was originally filed by the states of Louisiana and Missouri as well as the owner of a conservative website and four individuals that opposed how the administration handled COVID-19.
In addition to determining the original injunction was over-broad, the judge also thought that included more agencies that were appropriate and removed some agencies from the order, namely the National Institute of Allergy and Infectious Diseases, the Cybersecurity and Infrastructure Agency, and the State Department.
Specific concerns named in the suit include the administration asking platforms to take down posts dealing with election fraud, the pandemic, and yes, Hunter Biden’s laptop.
The Biden administration has claimed that the administration should have the power to discuss the removal of content when it impacts important things such as election security and public threats, including COVID-19.
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