Supreme Court Temporarily Halts Social Media Communication Restriction for White House Officials

The Supreme Court has extended a pause on a previous lower court decision that barred White House officials from communicating with social media companies, marking a new development in an effort by two states to contest content moderation practices on platforms.

Supreme Court Halting Restrictions

Supreme Court Justice Samuel Alito on Thursday issued an extension on a ruling that places restrictions on the White House and federal agencies concerning their communication with social media platforms regarding content related to COVID-19 and elections.

CNN reported that this temporary halt comes in response to the administration's request to overturn an injunction from the conservative US Court of Appeals for the 5th Circuit issued just last week.

Alito has requested a response from the Republican attorneys general and individual plaintiffs involved in challenging the administration's actions on social media content moderation.

This request pertains to a more extended pause, with a deadline set for next Wednesday. The 5th Circuit had previously paused its order until September 18, allowing the administration to seek relief from the Supreme Court.

Alito issued the order due to his jurisdiction over cases from the 5th Circuit. While the injunction the administration seeks to overturn is less restrictive than a previous trial court order, it still imposes significant constraints on the government's communication with social media platforms.

Appealing the Ruling

The Biden administration requested a stay from the Supreme Court to allow time for appeal after the ruling emerged following a lawsuit by GOP attorneys general from Louisiana and Missouri.

Engadget reported that they alleged that government officials were pressuring social media platforms to moderate or remove content protected by the First Amendment.

The Justice Department intends to file an appeal of the order by October 13, Reuters reported. Alito's ruling also stipulated that the plaintiffs must respond by September 20 or before.

In a recent development on the New Orleans-based appeals court, NBC News reported a significant portion of the injunction was narrowed down.

However, the court's ruling still prohibits the White House, FBI, and high-ranking health officials from exerting undue pressure or substantial influence on social media companies to eliminate content that the Biden administration regards as misinformation.

The appeals court expressed that the previous injunction was overly ambiguous and excessively extensive in its reach. Consequently, the court refined its scope, focusing on a select number of agencies it believed had potentially infringed upon First Amendment rights by pressuring platforms to moderate specific content.