The Biden administration lodged an appeal on Monday, just hours after a lower court maintained prohibitions limiting federal contact with social media companies about online posts.
Justice Department attorneys are seeking what is known as an “emergency stay” after US District Judge Terry Doughty rejected a motion from the agency to place a hold on a July 4 order he issued that imposed limits on the contacts.
Doughty, a former President Donald Trump nominee, is overseeing a lawsuit brought by Republican officials in Missouri and Louisiana, as well as a conservative website, alleging the administration has been censoring free speech online in its efforts to stymy misinformation surrounding COVID-19.
Justice Department lawyers wrote in a filing with the 5th Circuit Court of Appeals that Doughty's order is far too broad, saying the judge "issued a universal injunction with sweeping language that could be read to prohibit (among other things) virtually any government communication directed at social media platforms regarding content moderation."
They further alleged that Doughty "identified no evidence" to support claims that federal officials threatened social media companies with punitive action if they failed to remove content.
"Indeed, the order denying the stay—presumably highlighting the ostensibly strongest evidence—referred to 'a series of public media statements' and a refusal to comment on a news story," the agency's lawyers wrote.
The Justice Department is requesting a stay from the 5th Circuit while appeals play out, or a 10-day hold on Doughty's order so the matter can be taken up by the Supreme Court.
