The federal appeals court in New Orleans has temporarily halted a lower court’s order that restricted executive branch officials from communicating with social media companies regarding controversial online posts.
Lawyers representing the Biden administration requested the 5th U.S. Circuit Court of Appeals to stay the preliminary injunction issued by U.S. District Judge Terry Doughty on July 4. Doughty had previously denied a request to suspend his order pending appeal.
The 5th Circuit’s brief order on Friday temporarily halts Doughty’s injunction until further notice and directs arguments to be scheduled on an expedited basis.
According to the lawsuit filed last year, the plaintiffs argued that the administration had violated free speech rights by discussing potential regulatory actions with social media platforms while pressuring them to remove content deemed as misinformation. The lawsuit highlighted topics such as COVID-19 vaccines, legal matters concerning President Joe Biden’s son Hunter, and allegations of election fraud.
Nominated by former President Donald Trump, Doughty issued an order on Independence Day, spanning over 160 pages, stating that the plaintiffs were likely to succeed in their ongoing lawsuit. His injunction prohibited the Department of Health and Human Services, the FBI, and various other government agencies and officials from encouraging or pressuring the removal of content containing protected free speech.
The administration’s lawyers argued that the order was overly broad and unclear, posing questions about the extent to which officials can discuss matters with social media companies or make public statements. They stated that Doughty’s order would hinder executive branch efforts to combat online misinformation, thereby causing significant public harm.
Doughty declined the administration’s request for a stay on Monday, stating, “The Government seeks a stay of the injunction so that it can continue violating the First Amendment.”
In their request for a stay from the 5th Circuit, administration lawyers emphasized the absence of evidence of any threats made by the administration. They stated, “The district court identified no evidence suggesting that a threat accompanied any request for the removal of content.”
The “administrative stay” issued on Friday by a panel of three 5th Circuit judges – Carl Stewart, James Graves, and Andrew Oldham – was made without comment. A different panel from the court will hear arguments for a longer stay.