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US Court pauses Biden officials' social media restrictions

July 15, 2023

The blocked order alleged that US government officials coerced social media companies into censoring posts that could increase vaccine hesitancy. A panel of judges will decide whether to keep the order on hold.

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US President Joe Biden giving a thumbs up while wearing sunglasses; beside him is his wife, Jill Biden
A US court has temporarily lifted restrictions on the executive branch of government's communications with social media companiesImage: Drew Angerer/Getty Images

A US appeals court on Friday temporarily blocked a lower court order limiting President Joe Biden administration officials' communications with social media companies.

The ruling in New Orleans-based 5th US Circuit Court of Appeals paused an order by US District Judge Terry Doughty in Monroe, Louisiana that found that officials' efforts to limit the spread of posts they considered to be misinformation violated the right to free speech.

The Department of Justice appealed his order. 

Friday's ruling means that Biden's administration is not bound by Doughty's order until the appeal is considered. The 5th Circuit Court said it would be heard as soon as possible by a panel of three judges.

The panel will decide whether to keep the order on hold or allow it to go into effect during deliberations.

What was Doughty's order?

Meanwhile, Doughty is yet to make a final ruling on a lawsuit brought by the attorneys general of Louisiana and Missouri in 2022.

They alleged the US government went too far in encouraging social media companies to address posts that contributed to either vaccine hesitancy during the COVID-19 pandemic or upend elections.

In doing so, they argued the US government may have run afoul of the Free Speech Clause of the Constitution's First Amendment.

The companies mentioned in the suit include Facebook owner Meta, Twitter and YouTube owner Alphabet.

The Biden administration argued that the order "raises grave separation-of-powers concerns," adding that it put the judicial branch of government the "untenable position of superintending the executive branch's communications."

sdi/lo (Reuters, AP)