United States of America: Issued ruling in appeal regarding 21 US Attorney Generals defending federal government’s ability to communicate with social media companies (Missouri v Biden)

On 8 September 2023, the United States Court of Appeals for the Fifth Circuit published its brief for appellants regarding 21 US Attorney Generals defending the federal government's ability to communicate with social media companies. On 25 July 2023, the Biden administration lodged an appeal with the 5th US Circuit Court of Appeals to overturn the ruling issued on 4 July 2023. This ruling prohibited government agencies and officials from engaging in content moderation discussions with social media companies, except in cases related to specific topics such as national security or criminal activity. The United States Court of Appeals for the Fifth Circuit now published its brief for appellants, saying that government leaders have a crucial responsibility to safeguard the public against a variety of threats, often entailing the dissemination of accurate and timely information to dispel rumours and provide guidance to citizens and businesses that advance the common good. This role, it was argued, becomes especially critical during crises when panic and misinformation can proliferate. Furthermore, it was stated that the ruling by the district court failed to acknowledge this fundamental distinction. Instead, it erroneously equated the government's legitimate efforts to convey truthful information and persuade the public with wrongful attempts to stifle opposing views and employ coercion.