Topline
The Justice Department on Thursday requested a stay against a federal judge’s preliminary injunction that restricts Biden administration officials and federal agencies from engaging with social media companies on content moderation, a day after it filed an appeal against the ruling in the case where two Republican-led states argue that the administration’s actions were suppressing free speech.
A preliminary injunction has barred Biden administration officials from communicating with social … [+] media firms on content moderation issues.
Key Facts
In a federal court filing, the DOJ requested a stay on the injunction while it appeals the ruling, arguing that the “preliminary injunction is both sweeping in scope and vague in its terms.”
The filing notes that the “potential breadth” of government agencies and employees covered by the injunction and its broad scope will impact a wide range of government activities, including law enforcement, national security and speaking on matters of public concern.
In the event the court denies the DOJ’s plea for a stay, the agency has requested a seven-day-long “administrative stay” to allow the Fifth Circuit federal appeals court to “consider an emergency motion” for the same.
On Wednesday, the DOJ filed an appeal against the injunction in the Fifth Circuit, the filing for which was made public on Thursday.
Key Background
Earlier this week, Trump-appointed federal Judge Terry Doughty issued a preliminary injunction that blocked federal officials and agencies from contacting social media companies to discourage or remove protected speech from their platforms. The case was filed by Republican attorneys general from Louisiana and Missouri, who argued that the Biden administration was violating the First Amendment by encouraging social media firms to crack down on content pushing misinformation about Covid-19, vaccines and election results. In his ruling, Doughty wrote that the evidence produced by the plaintiffs so far “depicts an almost dystopian scenario,” adding that the “United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”
Further Reading
Federal Judge Restricts Biden Administration Communication With Social Media Companies (Forbes)
