On the Fifth Circuit Decision in the Social Media Censorship Case

Albeit with some difficulty, I managed to find and review the opinion in this case. As I predicted, the Fifth Circuit dramatically reduced the reach of the injunction. The opinion, unlike the District Court order, is not openly and obnoxiously partisan, and it contains a much more comprehensive discussion regarding the applicable legal standard. In short, it is a reasonable exercise of judicial power, unlike the District Court’s decision.

The government can continue to exercise its right to battle misinformation on social media without violating the appellate order simply by changing the tone of its message. Will Biden appeal to the Supreme Court? I don’t know, but if I were in his position, I wouldn’t.