Appeals Court: Biden Admin Likely Violated 1A By Censoring

A federal appeals court ruled on Friday that the Biden administration most likely overstepped the First Amendment by urging the major social media platforms to remove misleading or false content about the Covid-19 pandemic, partly upholding a lower court’s preliminary injunction in a victory for conservatives.

The NY Times reports the ruling, by a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in New Orleans, was another twist in a First Amendment case that has challenged the government’s ability to combat false and misleading narratives about the pandemic, voting rights and other issues that spread on social media.

The judges wrote that the White House and the Office of the Surgeon General had “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences” and “significantly encouraged the platforms’ decisions by commandeering their decision-making processes.”

The appellate court also found that the Federal Bureau of Investigation had used coercion in its interactions with the companies, which took down 50 percent of the material online that the bureau’s agents flagged as troublesome.

“Given the record before us, we cannot say that the F.B.I.’s messages were plainly threatening in tone or manner,” the judges wrote. Nevertheless, “we do find the F.B.I.’s requests came with the backing of clear authority over the platforms.”

The court limited the scope of a preliminary injunction, which prohibited officials from numerous agencies from having practically any contact with the social media companies. Instead, the court narrowed the impact to the White House, the Surgeon General’s Office, the F.B.I., and the Centers for Disease Control and Prevention.

The opinion was handed down by Circuit Judges Edith Clement, Jennifer Walker Elrod and Don Willett — all Republican appointees. 

The order is on pause for 10 days pending a Supreme Court appeal.