5th U.S. Circuit Court of Appeals Limits Biden Administration’s Ability to Censor Social Media Content

A federal appeals court on Friday issued a ruling that limits the Biden administration’s ability to contact social media companies to remove content that it considers to be misinformation. The three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals narrowed much of an injunction that was issued by a Louisiana judge on July 4.

The court ruled that the White House, the Surgeon General, the Centers for Disease Control and the FBI cannot “coerce” social media platforms to take down posts the government doesn’t like. However, the court did not throw out the injunction completely, as it still allows the government to contact social media companies to ask them to remove content that it considers to be false or misleading.

The ruling comes after a Louisiana-based federal judge issued an injunction on July 4 that effectively blocked multiple government agencies from contacting platforms such as Facebook and X (formerly Twitter) to urge that content be taken down. The injunction was widely seen as a victory for free speech advocates, as it limited the government’s ability to censor content on social media.

The ruling is seen as a compromise between the Biden administration and free speech advocates, as it allows the government to contact social media companies to ask them to remove content that it considers to be false or misleading, while also preventing it from coercing the companies to take down posts.

The ruling is likely to have a significant impact on the way the Biden administration interacts with social media companies, as it will now have to be more careful when contacting the companies to ask them to take down content. It also sets a precedent for future administrations, as it shows that the government cannot use its power to censor content on social media.