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The Facebook Files
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Fifth Circuit: White House, CDC, FBI Likely Coerced Platforms

A Fifth Circuit panel upheld part of the injunction, finding that the White House and Surgeon General's office likely coerced or significantly encouraged platforms' moderation decisions, and that the CDC and FBI likely significantly encouraged them. A revised Oct. 3, 2023 opinion extended the injunction to CISA; the Supreme Court later reversed on standing.

Sep 8, 2023
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Whose side it served: Democrats

Found the Biden White House and federal agencies likely crossed the line into coercing platforms.

What the record shows

The Sept. 8, 2023 ruling narrowed the injunction to the White House, the Surgeon General, the CDC and the FBI, dropping other agencies such as the State Department and parts of HHS and DHS. The court held that, as a result of the White House and Surgeon General's conduct, the platforms' decisions 'must in law be deemed to be that of the State.' It found no evidence that NIAID officials communicated with the platforms. Its Oct. 3 revision said 'CISA's role went beyond mere information sharing' and that the FBI's flagging 'led to posts being taken down 50% of the time.'

In their words

“must in law be deemed to be that of the State”— U.S. Court of Appeals for the Fifth Circuit · source
“CISA's role went beyond mere information sharing”— U.S. Court of Appeals for the Fifth Circuit (revised opinion) · source
The other side

The Supreme Court reversed the Fifth Circuit in June 2024 for lack of standing, without deciding whether the government violated the First Amendment. Barrett's majority noted that platforms had tightened their policies before government involvement.

Sources

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