‘Strong-arming:’ Appeals court judges compare Biden social media pressure to mafia

“…Fifth U.S. Circuit Court of Appeals Judge Jennifer Walker Elrod declared in court that the Biden administration’s efforts to persuade social media companies to remove, throttle and suppress purported misinformation on COVID-19, Hunter Biden’s laptop and elections reminded her of a mafia movie.

That was just one of the most memorable examples of the frosty reception Justice Department Civil Division lawyer Daniel Tenny received Thursday from the three-judge panel considering whether to lift or modify last month’s ban on several forms of contact between the feds and companies — currently stayed by the 5th Circuit — as the First Amendment lawsuit led by Missouri and Louisiana proceeds.

The back-and-forth at Thursday’s hearing resembled that between 6th Circuit judges and DOJ’s lawyer at a June hearing in a related social media censorship lawsuit against federal officials by users of X, formerly known as Twitter. Both panels were appointed by Republican presidents.

Echoing the injunction issued by U.S. District Judge Terry Doughty, the 5th Circuit judges repeatedly cited specific conversations from the factual record that suggest social media companies feared legal consequences for not complying with White House and agency requests to censor or diminish the reach of websites or social media postings of which the Biden administration disapproved.

When Tenny claimed the injunction’s wording was so broad and vague it could ban the government from alerting the public about “untrue statements” about a natural disaster, Judge Don Willett countered that documented private conversations were the issue.

Federal officials appeared to practice “fairly unsubtle strong-arming” and make “not-so-veiled threats” in the vein of “this is a really nice social media platform you’ve got there, would be a shame if something happened to it,” Willett said…”