DOJ appeals order barring federal agencies from talking with social media companies

July 6 (UPI) -- The Biden administration is appealing a recent court order restricting various federal agencies and specific employees from communicating with social media companies about most content posted to their platforms.

The Justice Department filed its notice of appeal to the U.S. Court of Appeals for the Fifth Circuit on Wednesday, a day after U.S. District Judge Terry Doughty, an appointee of former President Donald Trump, ruled in favor of Missouri and Louisiana in a case centered on the Free Speech Clause of the First Amendment.

The two states, along with several doctors, filed the lawsuit in May 2022, accusing the Biden administration of forcing social media platforms to censor conservatives and right-wing opinions under the guise of stopping the spread of disinformation and misinformation, primarily concerning the COVID-19 pandemic.

In his ruling Tuesday, Doughty wrote that the plaintiffs have produced "substantial evidence in support of their claims that they were the victims of a far-reaching and widespread censorship campaign" and that during the COVID-19 pandemic, "the United States government seems to have assumed a role similar to an Orwellian 'Ministry of Truth.'"

The Department of Health and Human Services, the National Institute of Allergy and Infectious Diseases, the U.S. Census Bureau, the FBI and the Justice Department were named among the federal agencies Doughty barred from communicating with social media platforms over much of the content published on their platforms.

Not prohibited by Doughty's order is communicating with social media companies concerning criminal activity, national security threats, criminal efforts to suppress voting, malicious cyber activities and threats to public safety and security.

In response to the ruling, the White House defended its interactions with social media companies in a statement to CNN as "actions to protect public health, safety and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections.

"Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present," the White House official said.

On Wednesday, White House press secretary Karine Jean-Pierre said prior to the Justice Department's appeal filing that they disagree with Doughty's ruling.

"We certainly disagree with this decision," she told reporters during a press conference. "And as I said, the DOJ is reviewing this, and I'm not going to get ahead of their evaluation of what options they're going to potentially take on moving forward."

Missouri Attorney General Andrew Bailey, a Republican, on Wednesday described Doughty's order as a victory over the "largest First Amendment violation in American history."

"The fight for our freedoms is just beginning," he tweeted.