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Missouri v. Biden: district court findings on CISA (July 4, 2023)

Judge Terry A. Doughty (W.D. La.) issued a preliminary injunction on July 4, 2023 barring numerous federal agencies and officials, including CISA, from urging platforms to suppress protected speech. He found plaintiffs likely to succeed on claims that CISA 'significantly encouraged' platforms to suppress speech; these were preliminary findings, not a final judgment.

Jul 4, 2023
Whose side it served: Neither party

A federal court ruling in a suit brought by Republican state attorneys general of Missouri and Louisiana against the Biden administration.

What the record shows

The 155-page ruling described CISA's switchboarding operation, 'primarily consisting of college students,' and stated that 'CISA and the EIP were completely intertwined.' The injunction named CISA, Director Jen Easterly and other CISA officials alongside HHS, the CDC, the FBI, the State Department and others. Doughty wrote that the case arguably involved 'the most massive attack against free speech in United States history.' On Sept. 8, 2023 the Fifth Circuit upheld the core finding but narrowed the injunction and dropped CISA; on Oct. 3, 2023, in a substituted opinion, it added CISA back, finding it used frequent contacts 'to push them to adopt more restrictive policies on election-related speech.'

In their words

“CISA and the EIP were completely intertwined.”— Judge Terry A. Doughty, July 4, 2023 · source
“arguably the most massive attack against free speech in United States history”— Judge Terry A. Doughty, July 4, 2023 · source
The other side

CISA argued it only referred reports, included disclaimers, and stopped switchboarding after 2020/2022. The Supreme Court later reversed for lack of standing and said the lower courts' attribution of platform decisions to the government 'glossed over complexities in the evidence.'

Sources

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