The Biden administration officials have once again been granted the privilege to engage freely with social media companies, at least temporarily. This follows the decision of the 5th Circuit Court of Appeals to put a pin in Judge Terry A. Doughty’s order, which had curbed most federal officials from discussing content with organizations like Meta.
In the eye of the storm
The order had landed on the heels of a lawsuit filed by the state attorneys general of Louisiana and Missouri against President Joe Biden and other high-ranking government officials. The administration was accused of wielding undue influence on social media companies to censor and remove specific content. The crux of the suit lies in the emails exchanged between the administration and the social media giants. The contents of these communications raised questions about the treatment of posts containing conservative claims about the COVID-19 pandemic, the 2020 presidential elections, and the anti-vaccine sentiment.
The man behind the initial decision, Judge Doughty, a Trump appointee, affirmed that the plaintiffs have “presented evidence of a massive attempt” by the defendants to “suppress speech based on its content.” His ruling, which extends to the Department of Health and Human Services and the Department of Homeland Security, inhibits federal agencies from urging online platforms to delete content classified as “protected free speech.” However, the order does not prohibit interaction related to criminal activities, national security, and foreign election interference.
Biden’s administration and social media: A conservative dilemma
The belief that mainstream social media platforms are biased against right-wing ideologies has been a long-standing contention among conservatives. The argument fostered the rise of conservative-associated social networks like Parler and Donald Trump’s Truth Social. The state attorneys argue that federal officials have crossed a line by posing threats of antitrust actions against social networks and by limiting their Section 230 protections. This latter clause empowers internet companies to moderate content on their platforms as per their discretion.
It’s noteworthy that former President Trump had previously signed an executive order to limit federal protections provided by Section 230 post a fact-check by Twitter on a false tweet he posted.
The Justice Department appealed against Doughty’s order on the day following its issuance, positing that the order’s broad nature might potentially limit the government’s capacity to alert the public about misinformation during emergencies. The recent stay granted by the Appeals court ensures that federal agencies can maintain their relationship with online platforms pending further court deliberation on the complaint. This expedited process could lead to a final decision in the near future.
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