States Claim Biden-Big Tech Collusion in Amended Free Speech Lawsuit

Government officials can’t circumvent the First Amendment by inducing, threatening or colluding with private companies to suppress protected speech, Louisiana and Missouri argued Tuesday in an amended complaint for their free speech lawsuit against the Biden administration (see 2207130051). The states sued the administration in May, claiming officials colluded with social media companies to censor and suppress truthful information on topics like COVID-19, the efficacy of masks and election integrity. Among the lawsuit's targets: Health and Human Services Secretary Xavier Becerra, White House Chief Medical Adviser Anthony Fauci, the Centers for Disease and Control Prevention, Homeland Security Department Secretary Alejandro Mayorkas, Cybersecurity and Infrastructure Security Agency Director Jen Easterly and DHS Disinformation Governance Board Nina Jankowicz. The states claim government officials colluded with Big Tech platforms to label misinformation and disinformation. “Counterspeech, not censorship, is the proper response to supposed ‘misinformation,’” they wrote.