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Boston Herald
Boston Herald
10 Jul 2023
Associated Press


NextImg:Biden administration asks appeals court to block order limiting its contacts with social media

The Biden administration asked a federal appeals court to temporarily block a lower court’s order limiting executive branch officials’ discussions with social media companies about controversial online posts.

The request for an emergency stay was filed at the 5th U.S. District Court of Appeals Monday shortly after U.S. District Judge Terry Doughty rejected an administration motion that he put his own July 4 order on hold. The order came in a lawsuit filed by Republican attorneys general in Louisiana and Missouri, as well as a conservative website owner and four individual critics of government COVID-19 policies.

The lawsuit claimed the administration, in effect, censored free speech by using threats of regulatory action or protection while pressuring companies to remove what it deemed misinformation. COVID-19 vaccines, legal issues involving President Biden’s son Hunter and election fraud allegations were among the topics spotlighted in the lawsuit.

Doughty was nominated to the federal bench by former President Donald Trump. His injunction blocked the Department of Health and Human Services, the FBI and multiple other government agencies and administration officials from meeting with or contacting social media companies for the purpose of “encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.”

Administration attorneys said in the motion filed at the 5th Circuit that Doughty’s ruling was too broad and vague, and had the potential to chill government officials’ speech on important matters. And they said Doughty failed to point to any evidence that the administration had made threats against social media companies to coerce them to take down posts.

They asked that the 5th Circuit block Doughty’s order while the case is pursued at the appeals court in New Orleans or, at minimum, grant a 10-day block of the order so the administration could prepare to go to the Supreme Court to seek a longer stay.