In a landmark move that could reshape the dynamic between the US government, social media companies and First Amendment rights, US federal judge Terry A. Doughty has issued a preliminary injunction barring certain officials from government to discuss “protected speech” with the main social networks. media companies
Following a lawsuit filed by the Republican attorneys general of Louisiana and Missouri, this ruling is expected to significantly affect how information related to public health, elections and potentially harmful content can be censored on platforms such as Facebook, Twitter and Google .
The suit, first filed by Republican Missouri Attorney General Eric Schmitt and Louisiana Attorney General Jeff Landry in May, alleged that White House officials colluded with or coerced the big tech companies to “remove disfavored speakers, viewpoints and content” from its platforms with “discrimination.” tags “-info”, “incorrect information” and “incorrect information”.
The mandate marks a victory for state attorneys general, who allege the Biden administration has sanctioned a “massive federal ‘censorship enterprise'” that promotes tech giants to exclude politically undesirable perspectives and speakers . Conservatives who argue that the government is suppressing their speech also consider it a victory. The attorneys general state that these actions constitute “the most egregious violations of the First Amendment in the history of the United States.”
The demand lists several limitations that could be imposed on federal authorities when dealing with technology companies, including discouraging them from urging, encouraging or pressuring social media companies to delete or remove protected free speech content.
Judge Doughty clarified that officials are allowed to talk to tech companies about posts or accounts related to criminal activity such as child pornography. He mentioned that the Federal Bureau of Investigation has for years relied on the cooperation of social media companies to identify networks of pedophiles. Officials will also be able to discuss threats to national security, illicit political campaign activities and cyber attacks.
While a final decision on the case is still pending, Judge Doughty is widely expected to side with Republicans, ending more than a decade of collaborative efforts between federal authorities and industry leaders technology that have significant power to regulate public dialogue. .
The preliminary order could have substantial implications for technology companies that often communicate with government officials, especially during elections and emergencies like the Covid-19 pandemic.
The judge’s order restricts the actions of some executive agencies with a range of responsibilities across the federal government, including the Department of Justice, the Department of State, the Department of Health and Human Services and the Centers for Disease Control and Disease Prevention.
In his order, Judge Doughty allowed some exceptions for communications between government officials and businesses, such as warnings of threats to national security, criminal activity or voter suppression.
A White House representative stated that the Justice Department “is reviewing the court order and will evaluate its options in this case.”
“This administration has advocated for responsible actions to safeguard public health, safety and security in the face of challenges like a deadly pandemic and foreign attacks on our elections,” the official said. “We have consistently believed that social media platforms have a critical obligation to understand the impact their platforms have on the American people, but they should independently determine the information they present.”
Neither Google, one of the companies named in the suit, nor Facebook’s parent company, Meta, immediately responded to requests for comment, while Twitter did not respond.
The mandate is a major turning point in the long-running partisan dispute over social media speech. Republicans have long argued that social media companies’ policies to address misinformation related to elections and public health have led to unfair censorship of their political views. On the other hand, Democrats have argued that the companies have not been active enough in policing their services to make sure they don’t destabilize democratic institutions.
State attorneys general representing Republicans argue the Biden administration violated the First Amendment by threatening legal action against tech companies amid disputes over speech on the platforms. His complaint cites cases in which the Biden administration threatened to take antitrust action against the companies or repeal Section 230, a legal shield that protects tech giants from lawsuits.
The mandate comes at a time when social media companies have begun rolling back some of the programs designed to combat misinformation. Under Elon Musk’s ownership, Twitter has significantly scaled back its Trust and Security division and increased its reliance on Community Notes, its collective fact-checking program about tweets. Meta, the parent company of Facebook and Instagram, has laid off staff working on content moderation amid financial pressure.
The First Amendment victory was hailed by moderates, independents and conservatives on Twitter, many of whom had been attacked by the “government censorship complex” in the past.
🚨🚨🚨 BREAKING! Missouri’s temporary restraining order against Biden has JUST been filed. The motion was granted in part and denied in part, with the denial related to discussion of criminal activity and information intended to mislead about certain aspects of… pic.twitter.com/6jKwxA4VXx
— Tracy Beanz (@tracybeanz) July 4, 2023
“Missouri temporary restraining order against Biden ENDED,” reporter Tracy Beanz reported. “The motion is granted in part and denied in part, with the denial related to discussion of criminal activity and information intended to mislead certain aspects of voting. In addition, the class motion is denied. It is well, we’ll talk about that soon. This is a HUGE victory for freedom on the 4th of JULY!!!”
🚨BREAKING🚨 Federal judge in Missouri v. Biden makes historic decision partially granting injunction
DHS, FBI, DOJ and many other federal agencies are now BANNED from working with Big Tech to censor social media posts
PARALA FREE IS BACK (for now)
https://t.co/dANurxrX5G
— DC_Draino (@DC_Draino) July 4, 2023
“Federal judge in Missouri v. Biden makes historic decision partially granting preliminary injunction that DHS, FBI, DOJ and many other federal agencies are BANNED from working with Big Tech to censor social media posts,” he reacted attorney Rogan O’Handley. “FREE SPEECH IS BACK (for now).”
However, left-wing lawyers like Laurence Tribe were furious with the ruling and lashed out on social media.
This mandate is blatantly unconstitutional https://t.co/PQC17Mko11
— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) July 5, 2023
“This ban is blatantly unconstitutional,” he denounced.
The federal court order now sets the likelihood of an appeal to the US Supreme Court. The nation’s highest court has been racking up victories for independents and conservative Americans, upholding freedom of conscience and religious freedom, while striking down discriminatory affirmative action practices at universities and the pardon order president biden student loans.
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