In
a filing Tuesday evening with the New Orleans-based 5th U.S.
Circuit Court of Appeals, the administration argued that a lower
court judge's July 4 decision was overly broad and would hurt
the government's ability to fight misinformation on platforms in
a crisis.
"The government cannot punish people for expressing different
views," lawyers for U.S. President Joe Biden's administration
wrote. "But there is a categorical, well-settled distinction
between persuasion and coercion. The government must be allowed
to seek to persuade people of its views, even where those views
are the subject of controversy."
U.S. District Judge Terry Doughty in Monroe, Louisiana, said in
his July 4 order that federal officials violated the right to
free speech under the U.S. Constitution's First Amendment when
they began asking social media companies such as Meta's Facebook
and Google's YouTube around 2019 to limit the spread of posts
they considered to be misinformation.
His preliminary order came in a lawsuit filed by Republican
attorneys general in Louisiana and Missouri. Their offices did
not immediately respond to requests for comment.
The May 2022 lawsuit alleged that U.S. government officials,
under both Democratic President Joe Biden and his Republican
predecessor Donald Trump, effectively coerced social media
companies to censor posts over concerns they would fuel vaccine
hesitancy during the COVID-19 pandemic or upend elections.
A panel of three 5th Circuit judges is expected to hear the case
next month.
Doughty's order is temporarily on hold but had barred government
agencies, including the Department of Health and Human Services
and the Federal Bureau of Investigation, from talking to social
media companies for "the purpose of urging, encouraging,
pressuring, or inducing in any manner the removal, deletion,
suppression, or reduction of content containing protected free
speech" under the First Amendment, with narrow exceptions.
(Reporting By Brendan Pierson in New York; editing by Susan
Heavey)
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