Appeals court slaps Biden administration for contact with social media companies

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The panel of judges say that the administration's efforts to flag what it considered to be harmful content likely amount to a violation of the First Amendment.

from conservatives and their allies who allege they are part of a broad conspiracy to silence particular points of view.

Judge Doughty's injunction was wide-ranging, barring several federal departments, agencies and some specific officials from a range of communications with social media companies, including notifying platforms about specific posts that may be against their own rules or asking for information about content moderation efforts.

Lawyers for the Biden administration argued the injunction was overly broad and vague, warning:"It would stymie the government's legitimate and crucial efforts to address threats to the public welfare." Government agencies regularly communicate with tech companies, including flagging posts that may violate the companies' rules, and discussing national security issues like hacking and election protection. The Biden White House has regularly criticized tech companies for not doing enough to combat false and misleading claims about public health and elections on social media.

The Trump administration also communicated with platforms about content it objected to. After Twitter fact-checked then-President Donald Trump's tweets in 2020,The Biden administration says it isn't telling social media companies what to take down or how to set their policies, but that it has an interest in promoting accurate information about urgent issues like public health and elections, and curbing the spread of illegal material including terrorism and child sex abuse.

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