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Missouri v. Biden Consent Decree: US Government Admits Pressuring Social Media Platforms to Censor Protected Speech
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The Trump administration and the plaintiffs in Missouri v. Biden signed a consent decree on Monday, ending one of the most significant First Amendment lawsuits in recent memory with a formal, court-enforceable admission: the federal government pressured social media platforms to silence protected speech, and it cannot do so again.
We obtained a copy of the consent decree for you here.
The decree lands at the end of years of litigation that began when the States of Missouri and Louisiana, joined by Gateway Pundit publisher Jim Hoft, Dr. Aaron Kheriaty, and activist Jill Hines, filed suit alleging that Biden administration officials had run what their legal filings described as “a coordinated censorship operation emanating from the highest levels of government.”
The lawsuit survived a Supreme Court ruling in 2024 that blocked a preliminary injunction on standing grounds, with the majority explicitly declining to rule on the merits.
The case returned to the district court in Louisiana, discovery continued, and eventually both sides concluded that settling was preferable to prolonged litigation.
The consent decree prohibits the Surgeon General, the CDC, and CISA from taking any action, formal or informal, direct or indirect, to threaten Facebook, Instagram, X, LinkedIn, or YouTube with punishment unless those platforms delete content containing protected speech.
The decree also bars those agencies from unilaterally directing or vetoing the platforms’ content moderation decisions. The agreement runs for ten years and is enforceable by the named plaintiffs if violated.
The decree’s preamble makes plain what the government is conceding. Quoting President Trump’s Executive Order 14149, signed on his first day back in office, the document states that the previous administration had “[t]rampled free speech rights by censoring Americans’ speech on online platforms, often by exerting substantial coercive pressure on third parties, such as social media companies, to moderate, deplatform, or otherwise suppress speech that the Federal Government did not approve.”
It continues: the Federal Government “infringed on the constitutionally protected speech rights of American citizens across the United States in a manner that advanced the Government’s preferred narrative about significant matters of public debate.”
The government signed that.
On the question of “misinformation,” the decree is equally direct. The parties agreed that “government, politicians, media, academics, or anyone else applying labels such as ‘misinformation,’ ‘disinformation,’ or ‘malinformation’ to speech does not render it constitutionally unprotected.”
Citing the Supreme Court’s United States v. Alvarez, the agreement acknowledges that some false statements are inevitable in open public discourse, and the First Amendment protects that space.
The real scope of what the Biden administration built has been documented through the litigation’s discovery process. Government agencies and the White House directed social media platforms to remove viewpoints conflicting with federal messaging on COVID-19, the 2020 election, and the Hunter Biden laptop story.
The FBI ran weekly calls with major tech companies ahead of the 2020 election. At its peak, the government’s real-time content monitoring flagged 2.5 percent of all tweets on Twitter as “potential misinformation.”
In a single request, the FBI demanded that Twitter delete 929,000 tweets it characterized as foreign speech. Mark Zuckerberg publicly acknowledged in 2024 that the pressure campaign existed and that he regretted Facebook’s participation in it.
The decree is, without question, a limited instrument. It covers only the named plaintiffs’ social media accounts on those five platforms, and only those three agencies. It does not bind every federal department or protect every American’s posts.
John Vecchione, senior litigation counsel at the New Civil Liberties Alliance and one of the plaintiffs’ attorneys, offered his own accounting of what four years of litigation produced: “This case began with a suspicion that blossomed into fact, that led to Congressional hearings and an Executive Order that government censorship of Americans’ social media posts should end. Freedom of speech has been powerfully preserved by our clients, past and present, who initiated this suit.”
A consent decree is only as useful as the court’s willingness to enforce it and the plaintiffs’ ability to detect violations and bring them to court promptly.
The decree gives the named agencies fifteen business days to remedy any identified violation before the plaintiffs can seek court relief, and limits judicial remedies to retracting the offending statements and voiding their effect.
That is a constrained enforcement mechanism, though it is a real one. Vecchione has indicated he will publish an op-ed explaining the mechanics of how future enforcement would work, and NCLA notes the plaintiffs retain the right to return to court if the government violates the terms.
What is genuinely significant here is the admission itself. The government of the United States has agreed, in a binding legal document, that labeling speech “misinformation” does not strip it of constitutional protection, that coercing private companies to delete protected posts violates the First Amendment, and that the previous administration did exactly that.
For years, official channels denied the operation existed. Congressional hearings documented it anyway. An executive order condemned it. Now, a consent decree formally acknowledges it and places enforceable limits on its recurrence, at least for the plaintiffs who spent four years litigating to get this far.
The consent decree awaits final approval from Judge Terry Doughty of the Western District of Louisiana.
If you're tired of censorship and dystopian threats against civil liberties, subscribe to Reclaim The Net.
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