social media companies could soon take full effect despite being partly overturned by an appeals court, thanks to a legal loophole, President Joe Biden's administration said on Monday.
In a court filing, the Justice Department asked the 5th US Circuit Court of Appeals for a new ruling to prevent the «improper result» of allowing parts of the lower court order «to regain effect even after having been held invalid by this court.»
The filing came in an ongoing lawsuit brought by the Republican attorneys general of Missouri and Louisiana and several individuals. The plaintiffs allege that US officials lobby social media platforms to suppress what the government considers to be misinformation, violating users' right to free speech under the US Constitution's First Amendment. The case focuses on posts about the COVID-19 pandemic and claims of fraud in the 2020 election won by Biden, a Democrat.
The offices of the Missouri and Louisiana Attorneys General did not immediately respond to requests for comment.
US District Judge Terry Doughty in Monroe, Louisiana in July found that federal officials had violated the First Amendment by effectively coercing companies, including Meta Platforms Inc's Facebook, Alphabet Inc's YouTube and X Corp, formerly Twitter, into censoring posts through frequent private demands and public threats of regulatory enforcement.
W