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Saying that the government is stifling free speech by working with the tech industry to remove misinformation and other content, a federal judge on Tuesday blocked several agencies and officials from communicating with social media companies.
At issue is a lawsuit brought by the Republican attorneys general of Louisiana and Missouri, who allege that the federal government illegally encouraged social media sites to censor content on topics ranging from vaccines, Hunter Biden’s laptop, and false claims related to the 2020 election.
In a strongly worded 155-page decision, US District Judge Terry Doughty found that the plaintiffs were likely to prevail and therefore issued a preliminary injunction that prevents various agencies and officials from communicating with these companies.
“Although this case is still relatively young, and at this stage the Court is only examining it in terms of Plaintiffs’ likelihood of success on the merits, the evidence produced thus far depicts an almost dystopian scenario,” wrote Doughty. “During the COVID-19 pandemic, a period perhaps best characterized by widespread doubt and uncertainty, the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’”
The decision is likely to impact the government’s efforts to fight online misinformation — not only that propagated by individuals and groups but also foreign countries.
In his decision, Doughty noted that much of the government’s efforts focused on “conservative issues,” such as issues related to the COVID-19 pandemic and the Big Lie that Donald Trump won the 2020 election.
The judge did not point out that there is an entire right-wing ecosystem built around spreading misinformation and an alternate reality.
Not that this would have made any difference, according to the ruling, because Doughty believes that the truth is something relative and every American has the God-given right to figure out what that is.
“Each United States citizen has the right to decide for himself or herself what is true and what is false,” Doughty wrote.
While the judge believes that the plaintiffs will prevail, it is not the government that is removing the information from social media sites. Instead, government officials are flagging content, and it is then up to the platforms to either do nothing, remove it, or put a label on it.
However, it also seems clear from the lawsuit that some officials are aggressive in “encouraging” social media companies to act.
The plaintiffs, and the judge, believe this amounts to coercion.
It is important to note that this type of behavior took place throughout the entirety of the administration of former President Donald Trump, who is a font of misinformation himself.
To ensure that a final ruling in the case does not lead to a new flood of online misinformation, which clearly has a harmful impact on society, it would be good to establish guidelines for flagging content and contacting these companies that government officials would have to follow.
