A bombshell district court order that barred several Biden administration officials and agencies from communicating with social media companies has been narrowed by a federal appeals court.
The White House, surgeon general, Centers for Disease Control and Prevention and the FBI “likely coerced or significantly encouraged social-media platforms to moderate content” and in doing so, “likely violated the First Amendment,” the New Orleans-based Fifth US Circuit Court of Appeals determined.
Doughty, a Trump appointee, had determined that the Biden administration likely colluded with Big Tech to censor protected speech during the COVID-19 pandemic and that the plaintiffs, led by the states of Missouri and Louisiana, were likely to succeed in their court battle. The Fifth Circuit vacated nine of the 10 provisions in Doughty’s order that prevented Biden administration officials from “urging, encouraging, pressuring” or “inducing” social media companies from removing content, arguing that those requests do not violate the Constitution “unless and until such conduct crosses the line into coercion or significant encouragement.”
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