Supreme Court to Decide on Biden Administration’s Request to Block Lower Court Ruling on Social Media Regulation

The Biden administration has requested a stay from the Supreme Court on a 5th Circuit Court of Appeals panel ruling regarding its communication with social media companies. The ruling, issued last Friday, had narrowed the scope of a lower court decision, but still found that large swaths of the government had unconstitutionally coerced social media companies into moderating their content.

In response, U.S. Solicitor General Elizabeth Prelogar filed a stay application with the Supreme Court on Thursday, calling the ruling “startling,” “novel and disruptive” and a “radical extension” of current doctrine. Prelogar also stated that the government intends to file a petition by October 13, in order to expedite the Court’s hearing on the matter.

The Supreme Court has temporarily blocked the lower court ruling, which would have placed restrictions on the Biden administration’s contact with social media companies. The administration is now seeking a stay pending its coming petition for the high Court to take the case up on the merits.

The Biden administration’s request to the Supreme Court comes after a U.S. District Court for the Western District of Louisiana issued an injunction in July that was partially upheld by the 5th U.S. Circuit Court of Appeals last week. The injunction would have placed restrictions on the Biden administration’s contact with social media companies.

The Supreme Court’s decision on the Biden administration’s stay request will be closely watched, as it could have far-reaching implications for the government’s ability to regulate social media companies. The outcome of the case could also have implications for the free speech rights of social media users.