The Justice Department, in a filing Monday night, sought to appeal a federal judge’s decision limiting the Biden administration’s communication with social media companies over free speech concerns.
U.S. District Judge Terry Doughty, a Trump appointee in Louisiana, rejected the DOJ’s bid to stay an injunction that bars communication between administration officials and social media companies. A few hours later, the DOJ filed an emergency motion in the New Orleans-based 5th Circuit Court of Appeals, where the agency filed a notice of appeal.
🚨🚨BREAKING- Missouri v. Biden –
The judge in the case has DENIED the stay on the temporary injunction. pic.twitter.com/Ki1hHd2vmK
— Tracy Beanz (@tracybeanz) July 10, 2023
“The government’s initiatives with social media platforms prevent ‘grave harm’ to the American people and the nation’s democratic processes,” argued Brian Boynton, principal deputy assistant attorney general, in the filing.
The ruling came after two Republican attorneys general alleged that federal officials “coordinated and colluded” with social media platforms to target “disfavored speakers, viewpoints, and content.”
Doughty decided that administration officials cannot contact social media companies regarding “the removal, deletion, suppression, or reduction of content containing protected free speech posted on social media platforms.”
The decision marks a significant blow to the Biden administration’s efforts to combat disinformation online.
Since taking office, President Joe Biden has made it a priority to coordinate with social media platforms to tackle false information and to keep the American people safe from online threats like election interference, voter suppression, and misinformation.
The Justice Department is now appealing the ruling, arguing that it “prevents the government from engaging in a ‘vast range of lawful and responsible conduct.’”
It is unclear whether the courts will allow the Biden administration to continue to carry out its communications with social media companies. What is certain is that the ruling has drawn widespread criticism from both sides of the aisle.
Conservatives have argued that the injunction prevents the administration from censoring content, while progressives have argued that it impedes on their ability to combat disinformation and foreign interference.
Time will tell whether the courts will be able to find a middle ground that both sides can agree on. In the meantime, the DOJ has made it clear that it wants to continue to be able to engage with social media companies to tackle the many threats that they pose to the American people.
