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Biden Appeal Opens a New Front in Battle Over Internet Speech

 1 year ago
source link: https://finance.yahoo.com/news/biden-administration-appeal-ban-social-223448238.html
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Biden Appeal Opens a New Front in Battle Over Internet Speech

Zoe Tillman and Emily Birnbaum
Thu, July 6, 2023, 10:59 AM GMT+9·4 min read
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(Bloomberg) -- The Biden administration’s battle with Republican-led states over free-speech limits escalated with its appeal of a judge’s sweeping order barring federal officials and agencies from communicating with social media companies over postings they deem objectionable. It’s the latest example of the judiciary flexing its muscles in cases testing the bounds of the First Amendment online.

Most Read from Bloomberg

The US Justice Department filed a notice of appeal in federal court in Louisiana on Wednesday, signaling its intent to take the fight to the 5th US Circuit Court of Appeals in New Orleans.

The DOJ also plans to ask the court to put the judge’s order on hold during the appeal, according to a person familiar with the case. The case could swiftly land before the US Supreme Court if the government’s request is rejected.

Courts have played a star role mediating fights in recent years over how tech giants moderate what goes on their platforms. With federal law largely shielding companies against being sued over what’s posted online, challengers have increasingly shifted the legal fight to the constitutional arena, probing the relationship between the government and the private sector.

US District Judge Terry Doughty’s injunction on Tuesday represents a break with judges who have been wary of extending the First Amendment’s speech protections to content decisions made by companies, even in situations where government officials tried to exert influence, said Genevieve Lakier, a constitutional law expert at the University of Chicago Law School.

“I was shocked,” said Lakier, who had been following the litigation. “It’s just so broad.”

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