The Fifth Circuit Court of Appeals will hear arguments next week on whether to stay a federal court ruling that places limits on government communications with social media firms.
The federal appellate court entered an administrative stay on the merits of the State of Missouri ex rel. Schmitt et al. v. Joseph R. Biden, Jr. et al and ordered expedited briefing.
“It’s a short-term interruption in the preliminary injunction,” said Zhonette Brown, senior litigation counsel with New Civil Liberties Alliance (NCLA). “We're hoping that the Fifth Circuit agrees with the judge and that the injunction will be reinstated or that their request for a stay will be denied on the merits. I wouldn't be surprised to see the government appeal directly to the U.S. Supreme Court if that happens.”
Brown is among the attornies representing the plaintiffs in the lawsuit which alleges that YouTube, Meta, and Twitter acted as an arm of the U.S. government in violation of the First Amendment, especially in the case of conservative users who disagree with U.S. Pres. Joe Biden’s administration.
A hearing is set for Aug. 10.
"I'm slightly surprised and very pleased with the way the Fifth Circuit has expedited consideration on the merits," Brown told the St. Louis Record. "That was an unusual step."
As previously reported in the St. Louis Record, the federal government appealed a preliminary injunction granted by Western District of Louisiana Judge Terry Doughty that blocked various White House officials and government agencies from influencing social media companies against dissenting users.
The preliminary injunction was requested by Louisiana AG Jeff Landry and Missouri AG Andrew Bailey.
“The underlying case is moving forward on the merits and the government wants it to be stopped while the interlocutory appeal is going on," Brown said in an interview. "Judge Doughty hasn't ruled on it. The judge did consolidate Robert Kennedy's case with ours.”
Kennedy, the Children’s Health Defense (CHD), and Connie Sampognaro sued the same White House employees and federal agency defendants in the same court and similarly allege First Amendment Free Speech violations on social media platforms.
Kennedy is campaigning for the U.S. Presidency as a Democrat.
“Although the Individual Plaintiffs are concerned about politics-related prejudice, this Court does not decide cases based on politics, but based on the United States Constitution,” Doughty stated in his July 24 opinion. “Further, any prejudice due to disagreements of counsel do not outweigh the other factors. That is a common problem in any case where attorneys represent different parties with different interests, and thus, it does not create undue prejudice here.”