Biden administration to appeal order barring talk with social media companies

The Justice Department filed a notice of appeal Wednesday evening regarding a federal court ruling that would limit Biden administration officials’ communication with social media companies, a blow to the administration’s efforts to combat disinformation.

U.S. District Judge Terry Doughty, a Trump appointee in Louisiana, ruled Tuesday that Biden administration officials cannot contact social media companies relating to “any manner the removal, deletion, suppression, or reduction of content containing protected free speech posted on social-media platforms.”

That order came after two Republican attorneys general challenged the Biden administration’s efforts to curb false information online, which they called a “campaign of censorship.” The attorneys general said federal officials “coordinated and colluded with social-media platforms to identify disfavored speakers, viewpoints, and content.”

Biden administration officials in the FBI, DOJ, Department of Health and Human Services, Centers for Disease Control and Prevention and State Department were directed to cease relevant communications with social media companies.

White House Press Secretary Karine Jean-Pierre said Wednesday afternoon in a briefing that administration officials “certainly disagree with this decision.”  

The DOJ’s appeal will go to the 5th Circuit Court of Appeals, based in New Orleans. It is primarily made up of GOP-appointed judges.

A Justice Department official said the agency expects to request a stay of the district court’s decision.