https://thespectator.com/topic/were-fighting-the-covid-censors-censorship/
On July 4, our Independence Day, Judge Terry Doughty issued a preliminary injunction ordering the federal government to immediately cease contact with social media companies, which it had been urging to censor protected free speech. Evidence unearthed in the Missouri v. Biden case, in which we are co-plaintiffs, has revealed a vast federal enterprise dictating to social media companies who and what to censor. The Centers for Disease Control and Prevention (CDC), the Surgeon General’s office, the National Institutes of Health, the FBI, the State Department, the Department of Homeland Security and the White House itself were all closely involved.
You can get a good sense of what ideas the government finds threatening from its priority list of what it does not want Americans to talk about freely: the pandemic, vaccines, wars, concerns about election fraud and Hunter Biden’s laptop.
In the Missouri case, depositions of government officials and the discovery of email exchanges between the government and social media companies show an administration willing to threaten the use of its regulatory power to harm social media companies that do not comply with censorship demands.
Social media companies rely on Section 230 of the Communications Decency Act, which immunizes them against defamation lawsuits that traditional media are subject to. It states, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” But unlike, for example, a phone company, they may still censor or decline to publish perfectly legal content protected under the First Amendment. For social media companies, losing this protection would threaten their multibillion-dollar business.
The companies understand what is at stake even if the threats are not explicit. But documents adduced in this case sometimes show explicit threats. For instance, at one point, White House communications director Kate Bedingfield announced that “the White House is assessing whether social-media platforms are legally liable for misinformation spread on their platforms, and examining how misinformation fits into the liability protection process by Section 230 of The Communication [sic] Decency Act.” The government’s message to social media companies was unmistakable: comply or else. Internal documents show company employees sometimes trying to push back on censorship demands but then capitulating.