A decision on Friday by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit puts in jeopardy one of the few tools that exist to deal with false speech on the internet.
The court ruled that the White House, the FBI, the surgeon general’s office and the Centers for Disease Control and Prevention cannot communicate with social media platforms to encourage them to remove false speech. Although it narrowed a federal district’s broader injunction issued in July, the appeals court left in place a restriction of important speech by the federal government.
False speech over the internet and social media can do great harm, even causing the loss of life. One aspect of the case involved the federal government’s concerns with false information being spread about COVID-19 and vaccines on social media. Federal officials rightly feared that false claims by anti-vaxxers would reduce vaccinations and put lives in jeopardy.
The lawsuit against the Biden administration was brought by Louisiana and Missouri along with a website owner and four people who opposed the government’s COVID-19 policy, among other issues. A federal district judge in Louisiana issued an injunction against the White House and many federal agencies.
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