
Over the past few years, officials from a number of federal agencies have met regularly with senior executives from the major social platforms to talk about foreign troll armies, the fight against disinformation, and other areas of mutual interest. Last week, such discussions suddenly became illegal as a result of an injunction imposed by Terry Doughty, a federal judge in Louisiana, who ruled that they likely constitute an attempt by the government to coerce the social platforms, and as such a violation of the First Amendment. Doughty ordered officials across large parts of the US government to (at least temporarily) stop talking to tech companies about content moderation and removal. He also prohibited officials from “collaborating, coordinating, partnering, switchboarding, and/or jointly working with” certain academics who focus on social media.
In his 155-page, forty-five-thousand–word decision, Doughty, who was appointed by Donald Trump in 2017, wrote that the lawsuit that led to his decision—which was filed last year by the attorneys general of Louisiana and Missouri—addressed no lesser stakes than “the most massive attack against free speech in United States’ history.” The attorneys general, Doughty said, had presented evidence of “a massive effort” by the White House to “suppress speech based on its content.” He went on to list the types of speech that the government had allegedly coerced the platforms into blocking, including the story about Hunter Biden’s laptop, the lab-leak theory of the origins of COVID-19, the efficacy of masks and lockdowns, the efficacy of COVID vaccines, the 2020 election, the security of voting by mail, “parody content,” negative posts about the economy, and negative posts about President Biden.
A Biden administration official said after the ruling that in talking to the platforms, the government has merely been involved in efforts to promote “responsible actions to protect public health, safety, and security,” and that it never coerced anyone. Either way, the ruling quickly had an effect on such talks: last Wednesday, the Washington Post reported that the State Department had canceled a meeting with Meta, the parent company of Facebook and Instagram, in which they had planned to discuss foreign influence campaigns. The next day, the Justice Department asked for Doughty’s injunction to be stayed, arguing that it was “both sweeping in scope and vague in its terms.” The government also characterized the injunction as internally contradictory: it prohibits officials from speaking publicly about social media posts, but at the same time assures the government that its officials are free to exercise their own right to free speech.
Note: This was originally published as the daily newsletter for the Columbia Journalism Review, where I am the chief digital writer
Continue reading “The government talking to the platforms is a First Amendment minefield. A judge just blew it up”














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