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First Amendment Case: Judge Restricts Biden Officials’ Communication with Social Media Companies

On Tuesday, a federal court barred Biden administration officials and agencies from discussing content moderation with social media corporations.

The ongoing lawsuit filed by Republican attorneys general in Louisiana and Missouri against the Biden administration, which accuses it of engaging in a broad federal Censorship Enterprise, has the potential to significantly impact First Amendment rights.

Biden Administration’s Unprecedented First Amendment Violation

According to the court documents submitted by the attorneys general, they contend that the Biden administration’s interaction with social media platforms like Facebook, YouTube, and Twitter amounts to the most extreme infringements on the First Amendment in the history of the United States. U.S. District Court.

Although a final ruling has not been issued by Judge Terry Doughty in Louisiana, who is overseeing the case, the judge acknowledged that the attorneys general have provided evidence demonstrating a significant endeavor by the defendants, spanning from the White House to federal agencies, to stifle speech based on its content.

Consequently, the judge issued a restraining order that restricts specific officials, including Xavier Becerra, the Secretary of Health and Human Services, from certain actions.

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White House Responds to Injunction

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On Tuesday, a federal court barred Biden administration officials and agencies from discussing content moderation with social media corporations.

 

White House press secretary Karine Jean-Pierre, along with Department of Justice and FBI employees, are prohibited from participating in meetings, calls, emails, letters, texts, or any other means of communication with social media companies with the intent to coerce or encourage the removal, deletion, suppression, or reduction of online content containing constitutionally protected free speech.

Judge Doughty expressed concerns that during the COVID-19 pandemic, a period marked by widespread uncertainty, the U.S. government has assumed a role reminiscent of an Orwellian Ministry of Truth.

He described the evidence presented thus far as depicting an almost dystopian scenario. He further asserted that the targeted suppression of conservative ideas exemplifies viewpoint discrimination in political speech, emphasizing that American citizens have the right to engage in free debate on crucial issues affecting the nation.

In response to the injunction, a White House official stated that the Department of Justice (DOJ) is reviewing it and will evaluate available options. 

The official reiterated the administration’s belief that social media platforms bear a significant responsibility to consider the impact of their platforms on the American people but should independently make choices regarding the information they present. 

The official also defended the administration’s efforts to protect public health, safety, and security amid challenges such as the COVID-19 pandemic and foreign attacks on elections.

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