Biden administration sought Supreme Court intervention in blocking a lower court order that restricted its communication with social media companies regarding content moderation. The order, deemed “unprecedented” by U.S. Solicitor General Elizabeth Prelogar, could place a district judge in charge of overseeing executive branch communication with these companies. The lawsuit, filed by Republican attorneys general and individual plaintiffs, argued that the government violated the First Amendment by pressuring social media platforms to censor certain content. The government countered that it was mitigating online misinformation by flagging content that breached platform policies. The 5th Circuit court agreed with the lower court’s ruling that government officials likely violated the First Amendment, concluding that social media platforms were acting on behalf of the government when moderating content. The Supreme Court was asked to put the lower court’s order on hold, with Prelogar highlighting the potential “startling” implications of the ruling, impacting not only government officials but also social media companies. The case represents a larger response to perceived censorship by social media platforms, particularly towards conservative views.
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