The Justice Department has taken legal action to delay the implementation of a federal court ruling by filing a motion to stay the implementation of a preliminary injunction that bars officials from the Biden administration from communicating with social media companies about specific content.
On Thursday night, defendants filed a memorandum with the District Court for the Western District of Louisiana, arguing that the injunction should be stayed because it would do them irreparable injury. The motion asked for a stay pending appeal, which would delay the ruling’s implementation awaiting the outcome of the appeal.
The Republican attorneys general of Louisiana and Missouri filed suit against the Biden administration in 2022, leading to the court injunction. The lawsuit claims that government officials violated the First Amendment by using improper means to censor constitutionally protected expression on social media.
The defendants claimed in their motion to stay that the preliminary injunction is unclear as to which parties and individuals are subject to its provisions. Judge Terry Doughty did make reference to the Department of Justice, but the defendants brought up the fact that it is composed of other divisions whose activities are not being questioned here.
If the court does not approve the attorneys’ request, they have also asked for an administrative stay of the preliminary injunction for seven days. This would give the Fifth Circuit enough time to review both the emergency stay motion and the administrative stay request.
After Judge Doughty issued the preliminary injunction, the defendants appealed on Wednesday. In the injunction, Trump appointee Doughty said that the Republican plaintiffs are likely to succeed in showing that the government has used its power to muzzle opposition.
The preliminary injunction lists several issues that the Biden administration allegedly tried to stifle discussion of, such as COVID-19 vaccines, masking and lockdown procedures, the COVID-19 lab leak theory, the legitimacy of the 2020 election, the actions of government officials, President Joe Biden’s policies, and the truthfulness of the Hunter Biden laptop story.
All “Facebook/Meta, Twitter, YouTube/Google, WhatsApp, Instagram, WeChat, TikTok,” and other internet platforms are included in the motion.
In the stay application, they reaffirm their earlier claim that the preliminary injunction is ambiguous as to which parties and individuals are subject to its limits. Although Judge Doughty used the Department of Justice as an example, the defendants argue that the agency consists of numerous components whose acts are not being challenged by the plaintiffs.
If the court does not approve the defendants’ request for a stay, the defendants suggest giving an administrative stay of the preliminary injunction for a week. As a result, the Fifth Circuit would have plenty of time to consider both the emergency stay motion and the administrative stay request.