A federal appeals court ruled Friday that the Biden administration likely violated the First Amendment by pressuring social-media platforms to censor posts about Covid-19 and elections.
The Fifth Circuit U.S. Court of Appeals ruling says that the White House likely “coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences.” The panel of three judges found that the administration “significantly encouraged the platforms’ decisions by commandeering their decision-making processes, both in violation of the First Amendment.”
A lower court previously placed restrictions on the Biden administration’s communications with social-media platforms; those restrictions applied to a number of government agencies, including the Department of Health and Human Services, the State Department, Homeland Security, and the U.S. Census Bureau.
After temporarily blocking the order, the Fifth Circuit judges have now modified the order to apply only to the White House, the surgeon general, the Centers for Disease Control and Prevention, and the FBI.
