A federal court ordered an injunction on a top agency within the Department of Homeland Security (DHS) after finding that it likely violated the First Amendment by partnering with social media companies to censor “election-related speech.”
On Tuesday, the Fifth Circuit Court of Appeals extended the scope of an injunction that limits the Biden administration's communication with big tech companies to include the Cybersecurity and Infrastructure Security Agency (CISA) within the Department of Homeland Security.
According to GOP Missouri Attorney General Andrew Bailey, who is leading the litigation against the Biden administration, CISA is the “nerve center” of the White House's “vast censorship enterprise” and “the very entity that worked with the FBI to silence the Hunter Biden laptop story.”
“CISA was created to protect Americans from foreign attack, and now it has begun targeting its own citizens,” Bailey told Fox News Digital.
“CISA used its frequent interactions with social-media platforms to push them to adopt more restrictive policies on censoring election-related speech. And CISA officials affirmatively told the platforms whether the content they had ‘switchboarded' was true or false,” it continues.
“Thus, when the platforms acted to censor CISA-switchboarded content, they did not do so independently. Rather, the platforms' censorship decisions were made under policies that CISA has pressured them into adopting and based on CISA's determination of the veracity of the flagged information. Thus, CISA likely significantly encouraged the platforms' content-moderation decisions and thereby violated the First Amendment,” the judges said.
“If the allegations made by Plaintiffs are true, the present case arguably involves the most massive attack against free speech in United States' history,” the injunction continues. “In their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment's right to free speech.”
The Justice Department appealed the court order to the Supreme Court, arguing that the government faced “irreparable harm” because Doughty's order may prevent the federal government from “working with social media companies on initiatives to prevent grave harm to the American people and our democratic processes.”
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