Federal Appeals Court Narrows Order Blocking Biden Administration from Communicating with Social Media Companies

WASHINGTON — A federal appeals court has narrowed a judge’s order that blocked Biden administration officials from communicating with social media companies. The ruling, issued by the US 5th Circuit Court of Appeals on Friday, reverses much of the controversial order that was part of a lawsuit brought by Republican attorneys general who alleged unconstitutional censorship in the administration’s efforts to combat Covid-19 disinformation.

The three-judge panel determined that the preliminary injunction issued in July was “both vague and broader than necessary to remedy the Plaintiffs’ injuries, as shown at this preliminary juncture.” The appeals court reversed several aspects of the order, stating that they risked blocking the federal government “from engaging in legal conduct.”

Nevertheless, the court left the order on hold for 10 days so that the case can be appealed to the Supreme Court. The opinion was jointly handed down by Circuit Judges Edith Clement, Jennifer Walker Elrod, and Don Willett, all of whom were appointed by Republican presidents.

In this case, the conservative appeals court sided with many of the arguments put forward by the plaintiffs, which included private individuals as well as the states of Missouri and Louisiana. The court asserted that certain administration officials likely coerced or significantly encouraged social media platforms to moderate content, potentially violating the First Amendment. However, the appeals court did not agree with the lower court’s finding of likely constitutional violations among other federal agencies named in the lawsuit.

The 5th Circuit did maintain the part of the injunction that prohibits certain Biden administration officials from pressuring, coercing, or threatening social media companies to remove or suppress protected free speech. However, the court emphasized that the language of the injunction must be further tailored to exclusively target illegal conduct and provide officials with additional guidance on prohibited behavior.

The appeals court also narrowed the scope of the injunction, applying it only to the White House, the surgeon general, the US Centers for Disease Control and Prevention, and the Federal Bureau of Investigation. The original order by US District Judge Terry Doughty included additional agencies.

As the case proceeds, it is clear that there are complex legal questions regarding the extent of federal authority over social media platforms and the protection of free speech. The ruling by the 5th Circuit Court of Appeals sets a precedent in this ongoing battle, with potential implications for future disputes and discussions surrounding the regulation of online content.