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https://www.wsj.com/articles/judge-rules-biden-administration-likely-trampled-on-free-speech-on-social-media-29334362

Preliminary injunction orders federal agencies to refrain from pressuring social-media companies on censorship

 

 

by Jacob Gershman July 4, 2023

 A federal judge ruled that the Biden administration likely trampled on the First Amendment in trying to eliminate what it saw as disinformation on social media, issuing a broad preliminary injunction limiting the federal government from policing online content.

In a 155-page ruling issued Tuesday, U.S. District Judge Terry Doughty of Louisiana barred White House officials and multiple federal agencies from contacting social-media companies with the purpose of suppressing political views and other speech normally protected from government censorship.

The judge’s injunction came in a lawsuit led by the Republican attorneys general of Missouri and Louisiana who alleged that the Biden administration fostered a sprawling “federal censorship enterprise.” The federal government, the lawsuit claimed, pressured social-media platforms to scrub away disfavored views about Covid-19 health policies, the origins of the pandemic, the Hunter Biden laptop story, election security and other sensitive topics.

The case is among the most potentially consequential First Amendment battles pending in the courts, testing the limits on government scrutiny of social-media content on Twitter, Facebook, YouTube and other major platforms.

The judge in the Missouri v. Biden case, Terry Doughty of Louisiana, appearing before the Senate Committee on the Judiciary in 2017.
PHOTO: SEN. BILL CASSIDY, SENATE COMMITTEE ON THE JUDICIARY

“[T]he evidence produced thus far depicts an almost dystopian scenario,” wrote Judge Doughty. “During the COVID-19 pandemic, a period perhaps best characterized by widespread doubt and uncertainty, the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”

The judge said the plaintiffs “have presented substantial evidence in support of their claims that they were the victims of a far-reaching and widespread censorship campaign.”

A spokesman for the Justice Department declined to comment.

Missouri v. Biden, as the case is called, is among dozens of so-called censorship-by-proxy lawsuits challenging account suspensions, content removals and other suppression of social-media posts on First Amendment grounds.

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