Court eases curbs on Washington's contacts with social media companies

(Reuters) – A federal appeals court on Friday relaxed a lower court order that largely barred the Biden administration from talking to social media companies about removing content it considers to be misinformation, but left some restrictions in place.

The three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled two months after a Louisiana judge found that U.S. officials illegally coerced Meta Platforms’ Facebook and Alphabet’s YouTube into censoring posts related to COVID-19 and the 2020 election.

In an unsigned decision, the appeals court vacated the judge’s injunction except for a provision concerning alleged coercion, which it narrowed. However, it maintained that the injunction would still cover the White House, the surgeon general, the Centers for Disease Control and Prevention, and the FBI, but no longer cover other federal officials.

The lower court’s ruling prohibited the Biden administration from engaging in conversations with social media companies regarding the removal of content it deemed to be misinformation. This restriction aimed to prevent potential censorship and encroachment on free speech rights.

However, the 5th U.S. Circuit Court of Appeals panel decided to ease the order, finding that the injunction regarding alleged coercion was overly broad. The court recognized the importance of addressing concerns about misinformation but emphasized the need to balance those interests with constitutional principles.

The issue arose following allegations of U.S. officials putting pressure on Facebook and YouTube to censor content related to the COVID-19 pandemic and the 2020 election. The Louisiana judge deemed these actions to be illegal coercion, prompting the initial court order.

By narrowing the scope of the injunction, the appeals court allows the Biden administration to resume dialogue with social media platforms regarding the handling of misinformation online. The court’s decision acknowledges that while misinformation poses significant challenges, addressing them must be done in a manner that respects freedom of speech.

It is worth noting that despite the relaxation of the order, the White House, surgeon general, CDC, and FBI will continue to be subject to the restrictions imposed in the original injunction. This ensures that the highest levels of government remain accountable for their actions in regards to content removal.

The ruling represents an ongoing debate about the role of social media companies in combatting misinformation and the appropriate level of government involvement in regulating online speech. It highlights the complexities and challenges in striking the right balance between fighting misinformation and preserving fundamental rights.

Reporting by Brendan Pierson in New York; Editing by Bill Berkrot