Washington - Biden administration is making efforts to obtain an emergency order that would put a stop to a recent lower court ruling. This ruling prohibits certain government agencies and officials from engaging in communication with social media companies regarding content moderation. The administration has filed an appeal with the 5th U.S. Circuit Court of Appeals, contending that the lower court ruling is excessively broad and lacks clarity, and therefore, it is likely to be overturned on appeal.
The lower court order was issued by U.S. District Judge Terry Doughty in Louisiana in response to a lawsuit initiated by Republican attorneys general from Louisiana and Missouri, as well as several individuals. The plaintiffs alleged that government officials effectively pressured social media companies into censoring posts due to concerns that they could contribute to vaccine hesitancy during the COVID-19 pandemic or disrupt elections.
The lawsuit mentions social media platforms including Facebook's Meta Platforms Inc (META), Twitter, and Alphabet Inc's YouTube.
Judge Doughty's order specifically prohibits government agencies such as the Department of Health and Human Services and the FBI from engaging in conversations with social media companies that aim to urge, encourage, pressure, or induce the removal, deletion, suppression, or reduction of content protected under the First Amendment of the U.S. Constitution, with only a few limited exceptions.