2023-09-09 06:22:20 UTC
Biden Nazis get their nuts kicked. They should have them cut off.The Biden administration "ran afoul" of the First Amendment by trying
pressure social media platforms over controversial COVID-19 content, the
5th U.S. Circuit Court of Appeals in New Orleans ruled Friday.
In its 75-page ruling, the appeals court, made up of two George W. Bush
nominees and one Trump nominee, said that President Biden, the U.S.
Centers for Disease Control and Prevention, the FBI and the surgeon
general cannot "coerce" social media platforms to remove content it deems
However, in its ruling, the court threw out language from a Louisiana
judge in July who ruled that the government could not contact social media
platforms to urge them to take down content.
Under the new ruling, the administration has 10 days to seek a Supreme
The ruling stems from a Louisiana lawsuit that accuses the Biden
administration of threatening platforms like X, formerly Twitter, and
Facebook, with antitrust lawsuits or changes to federal law that protect
their liability and of silencing conservative voices.
The lawsuit was filed by the states of Missouri and Louisiana, a
conservative website owner, and four people opposed to the
administrations COVID-19 policy.
BIDEN LIKELY VIOLATED THE FIRST AMENDMENT DURING COVID-19 PANDEMIC,
FEDERAL JUDGE SAYS
The ruling said the administration "coerced the platforms to make their
moderation decisions by way of intimidating messages and threats of
adverse consequences" and "significantly encouraged the platforms
decisions by commandeering their decision-making processes, both in
violation of the First Amendment," according to the Washington Post.
Louisiana Attorney General Jeff Landry called the ruling a "major win
"Fifth Circuit just unanimously affirmed Judge Doughtys injunction
against White House, CDC, FBI and others giving Americans and
#FreedomOfSpeech a major win against censorship, totalitarianism, and
Biden. #FirstAmendment," he wrote on X, formerly Twitter.
The 5th circuit also called U.S. District Court Judge Terry A. Doughty's
injunction "overbroad" because it prohibited the administration from
"engaging in legal conduct." Doughty was nominated by Trump.
It added, "Nine of the preliminary injunctions ten prohibitions risk
doing just that. Moreover, many of the provisions are duplicative of each
other and thus unnecessary."
The National Institute of Allergy and Infectious Diseases, the
Cybersecurity and Infrastructure Agency and the State Department were
removed from the order.
"This Administration has promoted responsible actions to protect public
health, safety, and security when confronted by challenges like a deadly
pandemic and foreign attacks on our elections," a White House official
spokesperson told the Washington Post. "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."
Fox News Digital has reached out to the White House for comment.