Appeals court scales back order squelching Biden administration contact with social media platforms

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The 5th U.S. Circuit Court of Appeals in New Orleans, in a recent decision, significantly narrowed the scope of a lower court’s order that restricted the Biden administration’s communication with social media platforms concerning contentious content related to COVID-19 and other matters. The appeals court ruled that the White House, the Surgeon General, the Centers for Disease Control, and the FBI cannot exert undue pressure on social media platforms to remove content they disapprove of.

However, the court did eliminate broader language found in a previous order issued by a federal judge in Louisiana on July 4th. This earlier order had effectively prohibited various government agencies from reaching out to platforms like Facebook and X (formerly Twitter) to request the removal of specific content.

It’s important to note that even with the appeals court’s modified ruling, it won’t take immediate effect. The Biden administration has a 10-day window to seek a review by the Supreme Court.

The lawsuit at the center of this case, which was filed in northeast Louisiana, accused administration officials of coercing social media platforms into removing content by implying potential antitrust actions or changes to federal laws that protect these platforms from legal action related to their users’ posts. The lawsuit touched on topics such as COVID-19 vaccines, the FBI’s handling of President Joe Biden’s son Hunter’s laptop, and allegations of election fraud. It alleged that the administration was using regulatory threats to stifle conservative viewpoints.

The lawsuit was brought by the states of Missouri and Louisiana, a conservative website owner, and four individuals who opposed the administration’s COVID-19 policies. Louisiana Attorney General Jeff Landry hailed the recent ruling as a “major win against censorship.”

In an unsigned 75-page opinion, three judges from the 5th Circuit agreed with the plaintiffs, asserting that the administration had sometimes violated the First Amendment by using threats of antitrust action or changes to liability protection laws to influence social media platforms. However, the court found that not all forms of encouragement to remove content necessarily violated the constitution.

The ruling also removed several agencies from the earlier order, including the National Institute of Allergy and Infectious Diseases, the Cybersecurity and Infrastructure Agency, and the State Department.

The judges presiding over the case included Jennifer Walker Elrod and Edith Brown Clement, who were nominated by former President George W. Bush, and Don Willett, nominated by former President Donald Trump. The federal judge who initially issued the order, Terry Doughty, had been nominated by President Trump.

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• Fifth Circuit Court of Appeals
• Biden Administration
• First Amendment
• Social Media Regulation
• Antitrust Actions
• Liability Protection Laws
• COVID-19
• Hunter Biden’s Laptop
• Election Fraud
• Supreme Court