Judge Delivers What GOP Calls a 'Blow to Censorship'

Limits Biden administration's contact with social media companies
By Newser Editors and Wire Services
Posted Jul 5, 2023 12:41 AM CDT
Judge Limits Biden Administration's Contact With Social Networks
FILE - Health and Human Services Secretary Xavier Becerra testifies during the Senate Finance Committee hearing, March 22, 2023, on Capitol Hill in Washington.   (AP Photo/Mariam Zuhaib, File)

A judge on Tuesday prohibited several federal agencies and officials of the Biden administration from working with social media companies about "protected speech," a decision called "a blow to censorship" by one of the Republican officials whose lawsuit prompted the ruling, the AP reports. US District Judge Terry Doughty of Louisiana granted the injunction in response to a 2022 lawsuit brought by attorneys general in Louisiana and Missouri. Their lawsuit alleged that the federal government overstepped in its efforts to convince social media companies to address postings that could result in vaccine hesitancy during the COVID-19 pandemic or affect elections. (Doughty's injunction allows several exceptions, such as informing social media companies of postings involving criminal activity, conspiracies, or threats.)

Doughty cited "substantial evidence" of a far-reaching censorship campaign. He wrote that the "evidence produced thus far depicts an almost dystopian scenario. During the COVID-19 pandemic, a period perhaps best characterized by widespread doubt and uncertainty, the United States Government seems to have assumed a role similar to an Orwellian 'Ministry of Truth.' " Republican US Sen. Eric Schmitt, who was the Missouri attorney general when the lawsuit was filed, said on Twitter that the ruling was "a huge win for the First Amendment and a blow to censorship." Louisiana Attorney General Jeff Landry said the injunction prevents the administration "from censoring the core political speech of ordinary Americans" on social media.

The lawsuit accused the administration of using the possibility of favorable or unfavorable regulatory action to coerce social media platforms to squelch what it considered misinformation. The Justice Department is reviewing the injunction "and will evaluate its options in this case," said a White House official who was not authorized to discuss the case publicly and spoke on condition of anonymity. "This administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections," the official said. "Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present."

(More protected speech stories.)

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