The U.S. Court of Appeals for the 5th Circuit on Friday ruled that the Biden White House, top government health officials and the FBI likely violated the First Amendment by improperly influencing tech companies’ decisions to remove or suppress posts on COVID-19 and elections.
The ruling, written by three judges appointed by Republican presidents, comes after a different 5th Circuit panel had temporarily blocked an order that had put restrictions on the Biden administration’s communications with social media firms. That order had included the departments of State, Health and Human Services, and Homeland Security, as well as the U.S. Census Bureau, the National Institutes of Allergies and Infectious Diseases, and the Cybersecurity and Infrastructure Security Agency.
“This Administration has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections,” the White House official said. “Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present.
The Justice Department did not immediately respond to requests for comment, and it was not immediately clear if it would appeal the ruling. Any appeal of the order would bring the debate over online speech before the Supreme Court, which is already expected to take up conflicting appeals court rulings over state social media laws this year.
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