A group of Democratic state attorneys general is actively working to overturn a restrictive order that curtails government officials' authority to influence social media content moderation. This order undermines their endeavors to counter the dissemination of false information across popular social media platforms.
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This illustration picture shows a smart phone screen displaying the phrase "Fake News" in front of a desktop screen showing several news and research reports about fake news and disinformation related to the upcoming Brazilian presidential election, in Rio de Janeiro, Brazil, on August 29, 2022.
Overturning Restrictive Order
Democratic state attorneys general, under the leadership of New York Attorney General Letitia James, are urging a federal appeals court to overturn a restrictive order that significantly limits the power of government officials to influence social media platforms in moderating harmful content.
In a recent filing with the New Orleans-based 5th U.S. Circuit Court of Appeals, Reuters reported that the top law enforcement officers from 20 states and the District of Columbia argued that this order impedes their efforts to combat the dissemination of false information through social media channels.
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Exerting Pressure to Censor Posts
On July 4, US District Judge Terry Doughty of Louisiana prohibited several federal agencies and some Biden administration officials from working with social media companies about "protected speech." Associated Press reported that Doughty granted the injunction in response to a 2022 lawsuit brought by attorneys general in Louisiana and Missouri.
The lawsuit alleged that government officials, both under Democratic President Joe Biden and his Republican predecessor Donald Trump, exerted pressure on social media companies to censor posts due to fears of fueling vaccine hesitancy during the COVID-19 pandemic or disrupting elections.
The judge ruled that starting around 2019, federal officials, including those from Meta's and Google's YouTube, violated the First Amendment's right to free speech by requesting social media companies to restrict posts they deemed as misinformation. At present, the New York Times reported that the order is temporarily suspended as the Biden administration appeals the decision.
In their recent filing, the Democratic attorneys general criticized the ruling, describing it as "erroneous." They argued that the court's attempt to safeguard First Amendment values resulted in a substantial restriction of public discourse on critical matters.
In response, Missouri Attorney General Andrew Bailey expressed his concern, emphasizing that protecting the First Amendment should be a bipartisan priority. However, the current divisive stance on this issue is unsettling.
The scheduled date for the appeal hearing is on August 10, when the case will be heard by three judges from the 5th Circuit, including Edith Brown Clement, Jennifer Walker Elrod, and Don Willett. All three judges were appointed by Republican presidents, which may have implications for the outcome of the appeal.
As these judges will review the arguments presented by the parties involved, their backgrounds and political affiliations may influence the final decision on the restrictive order regarding social media content moderation and its potential impact on First Amendment rights.
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