![]() ![]() ![]() The Biden administration has argued that there was no threat of harm because the lawsuit challenged communications that ended more than a year ago. While the 5th Circuit is considered to be among the most conservative of the federal appeals courts, it has reversed previous orders by Doughty in the case that would have allowed senior administration officials to be questioned. On appeal, the 5th Circuit will consider both Doughty's finding, laid out in a 155-page opinion, that the government violated the First Amendment, as well as whether the order he issued in response was too broad, or necessary to prevent harm to the plaintiffs. The ruling is not a final decision, but is meant to remain in effect while the judge considers the merits of the case. The order bars government agencies like the Department of Health and Human Services and certain government officials from communicating with 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. Nonetheless, he said, the injunction "will have a difficult time on appeal, because it is such a rare and novel order." ![]() Jonathan Turley, a professor at George Washington University Law School who has been harshly critical of such government efforts and testified against them before Congress several times in recent years, hailed Doughty's ruling as a "very important moment for those of us who have been challenging the different censorship programs and projects by the government." Constitution by pressuring social media companies to take down posts that officials worried could fuel vaccine hesitancy during the COVID-19 pandemic or conspiracy theories about elections. officials violated their right to free speech under the First Amendment of the U.S. The lawsuit was brought by Republican attorneys general in Louisiana and Missouri, as well as several individuals. ![]()
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