Biden seeks halt to ruling blocking officials from contacting social media firms.

The Justice Department Seeks to Pause Ruling on Communication with Social Media Companies

The Justice Department has taken action to temporarily halt the effects of a federal court ruling that restricts Biden administration officials from engaging with social media companies regarding certain content. In a memorandum submitted to the District Court for the Western District of Louisiana, attorneys have argued that a stay of the preliminary injunction is necessary to prevent irreparable harm to the defendants. This request for a stay pending appeal would pause the implementation of the ruling while an appeal is underway.

A Lawsuit and Allegations of First Amendment Violations

This order is a result of a lawsuit filed by two Republicans, Louisiana Attorney General Jeff Landry and Missouri Attorney General Andrew Bailey, against the Biden administration in 2022. The lawsuit claims that officials violated the First Amendment by pressuring social media platforms to suppress protected free speech. The defendants have filed an appeal following a preliminary injunction issued by U.S. District Judge Terry Doughty, which prohibits Biden administration officials from communicating with social media companies regarding the removal or suppression of content containing protected free speech.

Judge Doughty, who was appointed by former President Trump, expressed his belief that the Republican plaintiffs are likely to succeed in their case, stating that the government has used its power to silence opposition. In the preliminary injunction, Doughty identified various topics that the Biden administration allegedly attempted to suppress, including COVID-19 vaccines, masking and lockdowns, the lab leak theory, the validity of the 2020 election, President Joe Biden’s policies, and the Hunter Biden laptop story.

Implications for Social Media Companies

The motion filed by the Justice Department applies to multiple social media platforms, including Facebook/Meta, Twitter, YouTube/Google, WhatsApp, Instagram, WeChat, TikTok, and others. The defendants argue that the preliminary injunction lacks clarity regarding the entities and individuals covered. While the Department of Justice was mentioned by Judge Doughty, the defendants point out that the agency consists of various sub-components that are not challenged in this particular case.

If the court denies the plea for a stay, the defendants request an alternative option of granting an administrative stay of the preliminary injunction for seven days. This would allow the Fifth Circuit to consider an emergency motion to stay and a request for an administrative stay.

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