Federal agencies face a 10-year ban on coercing social media platforms to censor conservative speech, delivering a long-overdue First Amendment win under President Trump’s second term.
Story Highlights
- U.S. District Judge Terry Doughty approved a consent decree barring the Surgeon General, CDC, and CISA from threatening platforms over protected speech.
- Settlement resolves Missouri v. Biden lawsuit filed in 2022, targeting Biden-era jawboning on COVID skepticism, election integrity, and Hunter Biden laptop stories.
- Attorney General Pamela Bondi hails it as key steps to undo First Amendment abuses, especially against conservative media, via Trump’s Executive Order.
- Republican AGs from Missouri and Louisiana celebrate the historic precedent curbing the federal censorship machine without government admission of fault.
- Plaintiff Dr. Aaron Kheriaty calls it a hard-fought victory setting precedent, though limited to plaintiffs and 10-year term.
Missouri v. Biden Lawsuit Origins
Missouri and Louisiana attorneys general, along with plaintiffs including Dr. Aaron Kheriaty, Jill Hines, and Jim Hoft, filed the lawsuit in 2022 in the Western District of Louisiana. They accused Biden administration officials of pressuring platforms like Facebook, Instagram, X, and YouTube to suppress speech on COVID-19 origins, election security, and Hunter Biden’s laptop. This jawboning violated the First Amendment by coercing private companies to censor protected viewpoints, particularly those challenging official narratives. District courts initially issued injunctions, finding likely government causation in deplatforming.
Supreme Court Hurdle and Continued Fight
In June 2024, the Supreme Court vacated a preliminary injunction, ruling individual plaintiffs lacked standing, but left the merits unaddressed. Litigation persisted in district court. President Trump’s 2025 Executive Order, “Restoring Freedom of Speech and Ending Federal Censorship,” shifted dynamics under Attorney General Pamela Bondi. The order targeted Biden-era coercive pressures on platforms to moderate disfavored conservative content. This paved the way for settlements resolving Missouri v. Biden and related Children’s Health Defense v. Biden cases, avoiding further trials.
Consent Decree Details and Restrictions
On March 26, 2026, Judge Terry Doughty approved the 10-year consent decree. It prohibits the Surgeon General’s Office, CDC, and CISA from threatening or coercing social media companies to remove or suppress protected speech. Officials cannot direct or veto content moderation decisions. The agreement permits flagging content or expressing disagreement without implied regulatory threats. Government retains authority for criminal or national security issues but admits no wrongdoing. Platforms gain clarity: labeling speech “misinformation” does not strip protections.
Louisiana AG Liz Murrill declared the settlement “simply historic,” blocking agencies from policing online discourse. Missouri AG Catherine Hanaway affirmed politicians will not control speech. Sen. Eric Schmitt, original litigator, praised the first operational restraint on the federal censorship apparatus. Platforms like Meta, X, YouTube, and LinkedIn avoid ongoing regulatory risks while maintaining non-coercive communications.
Impacts on Free Speech and Conservatives
The decree provides immediate relief for plaintiffs and sets precedent for future cases, bolstering online discourse for COVID skeptics and election integrity advocates. Conservative speakers benefit indirectly as platforms face fewer federal pressures targeting right-leaning views. Long-term, the 10-year limit influences jurisprudence, deterring jawboning across agencies despite plaintiff-specific scope. Dr. Kheriaty noted the win’s limits but emphasized its value as the first of its kind against digital-age censorship. NCLA counsel hailed it as a major blow to government overreach, aligning with limited-government principles.
This Trump administration action reverses Biden legacy abuses, reassuring patriots frustrated by deep state tactics eroding constitutional rights. Red states’ persistence delivers accountability, protecting family values and individual liberty from federal meddling in everyday online expression.
Sources:
Plaintiff discusses landmark settlement curbing government social media censorship
Justice Department settles lawsuits over alleged social media censorship
‘Orwellian’ Biden-era censorship reined in as red states celebrate historic settlement
NCLA Reaches Historic Settlement Strikes Major Blow Against Government’s Social Media Censorship
