United States of America: Expanded Court of Appeals ruling in Missouri et al. v. Biden concerning undue influence on social media platforms

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Expanded Court of Appeals ruling in Missouri et al. v. Biden concerning undue influence on social media platforms

On 3 October 2023, the United States Court of Appeals for the Fifth Circuit broadened the reach of a decision that restricts the Biden administration's interactions with social media companies, extending its applicability to the US Cybersecurity and Infrastructure Security Agency (CISA). Previously, on 14 September 2023, the US Supreme Court granted the Government’s request filed on the same day to temporarily block the decision issued on 4 July 2023 by the US District Court Western District of Louisiana, as modified by the Court of Appeals for the 5th Circuit, which would limit the Government’s ability to communicate with social media companies over content moderation policies. Justice Samuel Alito ordered the stay of the preliminary injunction issued on 4 July 2023 until 22 September 2023. In its ruling, the United States Court of Appeals for the Fifth Circuit withdrew its earlier opinion, and the limits on interactions with social media companies apply to the White House, the Surgeon General, the Centers for Disease Control and Prevention, the Federal Bureau of Investigation and CISA.

Original source

Scope

Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-07-04
in force

On 4 July 2023, the US District Court Western District of Louisiana issued its ruling in the case S…

2023-07-25
under appeal

On 25 July 2023, the Biden administration requested the 5th U.S. Circuit Court of Appeals to lift a…

2023-07-28
under appeal

On 28 July 2023, 21 US Attorney Generals filed an amicus brief before the US Court of Appeals for t…

2023-09-08
under appeal

On 8 September 2023, the United States Court of Appeals for the Fifth Circuit published its brief f…

2023-09-11
under appeal

On 11 September 2023, the US Government filed an emergency motion before the US District Court Unit…

2023-09-14
under investigation

On 14 September 2023, the US Supreme Court granted the Government’s request filed on the same day t…

2023-10-03
in force

On 3 October 2023, the United States Court of Appeals for the Fifth Circuit broadened the reach of …

2023-10-20
under investigation

On 20 October 2023, the US Supreme Court granted an application for stay in the case Murthy v Misso…