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The Department of Justice has settled a Biden-era lawsuit alleging that the Biden administration improperly pressured social media companies to suppress certain forms of speech.

Getting into it: The announcement was made by Attorney General Pam Bondi, who said the settlement is a key step in addressing First Amendment violations tied to federal influence over online speech. The agreement resolves the Missouri v. Biden lawsuit, brought in 2022 by the states of Missouri and Louisiana along with several individual plaintiffs, including social media users and medical professionals. The plaintiffs alleged that federal agencies engaged in a coordinated effort to “coerce” or “significantly encourage” platforms to remove or suppress constitutionally protected speech, particularly viewpoints related to COVID-19 policies, the origins of the virus, and the 2020 election.

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Under the settlement, the federal government agreed to a 10-year consent decree that bars the Centers for Disease Control and Prevention, the Cybersecurity and Infrastructure Security Agency, and the Surgeon General’s Office from pressuring social media companies through threats of legal, regulatory, or economic consequences. It also prohibits those agencies from directing, influencing, or vetoing content moderation decisions on platforms such as Facebook, Instagram, X, LinkedIn, and YouTube. The agreement also notes that labeling speech as “misinformation,” “disinformation,” or “malinformation” does not strip it of First Amendment protection, reinforcing limits on how federal officials can engage with private tech companies.

This comes after plaintiffs argued that discovery in the case revealed extensive coordination between government officials and social media platforms. According to the New Civil Liberties Alliance, evidence showed “a vast operation emanating from the highest levels of government,” alleging that agencies and the White House worked to suppress disfavored viewpoints.

DOJ officials framed the resolution as part of a broader commitment to free speech protections. Bondi said, “The Biden administration coerced social media companies to stifle free speech that they disapproved of,” adding that the settlement is “a key step in undoing those abuses of the First Amendment.”

Assistant Attorney General Brett Shumate added that “No one should have their right to engage in constitutionally protected speech online infringed by unlawful government coercion of social media companies.”

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