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Nonilex · @Nonilex

922 followers · 3322 posts · Server masto.ai

The #5thCircuit ruling reversed #Doughty’s order specifically enjoining the actions of leaders at #DHS, #HHS & other agencies, saying many of those individuals “were permissibly exercising government speech.”
 “That distinction is important because the state-action doctrine is vitally important to our Nation’s operation — by distinguishing between the state & the People, it promotes ‘a robust sphere of individual liberty,’” the 5th Circuit judges wrote.

#5thcircuit #doughty #dhs #hhs

Last updated 1 year ago

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Nonilex · @Nonilex

922 followers · 3321 posts · Server masto.ai

The #DOJ had argued that #Doughty’s ruling was overly broad & could “chill” a wide range of lawful communications between the govt & #SocialMedia companies, especially in the face of #public #emergencies.…

Any #appeal of the order would bring the debate over #online #speech before #SCOTUS, which is already expected to take up conflicting appeals court rulings over state social media #laws this year.

#doj #doughty #socialmedia #public #emergencies #appeal #online #speech #scotus #laws

Last updated 1 year ago

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Nonilex · @Nonilex

921 followers · 3310 posts · Server masto.ai

The #5thCircuit panel also limited the govt institutions affected by its #ruling to the WH, the #SurgeonGeneral’s office, the #CDC & the #FBI. It removed restrictions #Doughty had imposed on the depts of State, DHS & HHS & on agencies including the U.S. #Census Bureau, the #NIAID, & the #CISA. The #5thCircuit found that those agencies had NOT coerced the #SocialMedia companies to #moderate their sites.

#5thcircuit #ruling #surgeongeneral #cdc #fbi #doughty #census #niaid #cisa #socialmedia #moderate

Last updated 1 year ago

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Nonilex · @Nonilex

921 followers · 3308 posts · Server masto.ai

The decision was likely to be seen as victory for #conservatives who’ve long argued that #SocialMedia platforms’ #content #moderation efforts restrict their #FreeSpeech rights. But some advocates also said the ruling was an improvement over a temporary #injunction US Dist Judge Terry #Doughty issued July 4.
 David Greene, an atty w/the ElectronicFrontier Foundation, said the new injunction was “a thousand times better” than what Doughty, an appointee of #Trump, had ordered originally.