No sooner had federal Judge Terry Doughty issued an injunction ordering DC officials and federal agencies to end their “Orwellian” business of colluding with social media sites to censor protected free speech than the Biden DOJ filed an “emergency” request to stay the injunction.
They claimed it would cause “irreparable harm” to let Americans exercise their First Amendment rights and prevent the federal government from "working with social media companies on initiatives to prevent grave harm to the American people and our democratic processes." They added, "These immediate and ongoing harms to the Government outweigh any risk of injury to Plaintiffs if a stay is granted, and for the same reason, a stay is in the public interest.”
I can’t think of a better example of the stunning arrogance, power madness and disregard for Constitutional rights of this Administration than to actually argue that it’s somehow in the public interest and protects our democratic processes to let DC bureaucrats deprive the public of their Constitutional right to free speech.
Fortunately, Judge Doughty wasn’t falling for this fascist word salad. In yet another hard smackdown, Doughty made it clear that the original order specifically excluded legally-authorized censorship of social media posts that might cause actual harm, such as spreading false election data or fomenting violence. As for the other censorship that the feds claim it’s vital they keep on doing, “the Defendants provide no argument that they are legally allowed to take such action. The Defendants are asking the Court to grant them relief to a Preliminary Injunction that only bars illegal conduct.”
In short, they’re claiming it would cause the nation irreparable harm if they’re not allowed to continue illegally violating citizens’ rights. Saner heads understand that it would cause irreparable harm if they are allowed to continue doing that. Let’s hope the next level of appeals court is as sane as Judge Doughty.