The United States Justice Department, led by Attorney General Merrick Garland, announced on 10 March 2023 that it had settled a lawsuit filed by five American citizens, including journalist and author, Sharyl Attkisson, who alleged that the Biden State Department's Global Engagement Center had engaged in the censorship of social media posts, effectively silencing their disfavored speech. The lawsuit, which was filed in the United States District Court for the District of Columbia on 22 July 2022, claimed that the State Department had funded and promoted private companies to develop tools to flag and remove online content deemed to be 'disinformation' or 'propaganda', but in doing so, had targeted and censored the plaintiffs' own social media posts. The plaintiffs' lawyer, Jay Sekulow, stated that the settlement was a significant victory for free speech, as it acknowledged that the government had overstepped its authority in policing online content. According to court documents, the State Department had allocated $20 million to the Global Engagement Center in 2021, with a significant portion of the funds being used to develop and implement the social media censorship programme.
The lawsuit alleged that the State Department's actions were part of a broader effort by the Biden administration to suppress dissenting voices and limit the spread of information that was critical of the government's policies. The plaintiffs claimed that their social media posts, which included criticisms of the government's handling of the COVID-19 pandemic and its foreign policy initiatives, had been flagged and removed by the private companies funded by the State Department. The lawsuit also claimed that the State Department had failed to provide adequate transparency and oversight of its social media censorship programme, making it difficult for citizens to know whether their online speech was being targeted. On 15 February 2023, the court granted the plaintiffs' request for discovery, allowing them to obtain documents and testimony from the State Department regarding its social media censorship activities.
The context of the lawsuit is significant, as it highlights the ongoing debate in the United States about the role of government in regulating online speech. The Biden administration has faced criticism from civil liberties groups and conservatives, who argue that its efforts to combat 'disinformation' and 'propaganda' online are overly broad and threaten to infringe on Americans' First Amendment rights. The settlement of the lawsuit may be seen as a setback for the administration's efforts to police online content, and may embolden critics who argue that the government should not be involved in regulating speech on social media platforms. According to a report by the non-partisan watchdog group, the Knight First Amendment Institute, published on 2 January 2023, at least 70% of Americans believe that the government should not be involved in regulating online speech.
The reaction to the settlement has been mixed, with some civil liberties groups hailing it as a major victory for free speech, while others have expressed concern that it does not go far enough in addressing the underlying issues. The American Civil Liberties Union (ACLU) issued a statement on 12 March 2023, welcoming the settlement, but also calling on the government to provide greater transparency and oversight of its social media censorship activities. The Electronic Frontier Foundation (EFF), a non-profit advocacy group, also issued a statement, noting that the settlement was a positive step, but also expressing concern that it may not prevent similar abuses of power in the future. On 14 March 2023, a group of Republican lawmakers, including Senator Ted Cruz and Representative Jim Jordan, sent a letter to Attorney General Garland, requesting more information about the settlement and the State Department's social media censorship programme.
The implications of the settlement are significant, as they highlight the need for greater transparency and oversight of government efforts to regulate online speech. The settlement may also embolden other Americans to come forward and challenge government censorship of their online speech, potentially leading to further lawsuits and reforms. According to a report by the Pew Research Center, published on 20 February 2023, at least 60% of Americans believe that social media companies should be required to be more transparent about their content moderation practices. As the debate over online speech and government regulation continues, the settlement of this lawsuit serves as a reminder of the importance of protecting Americans' First Amendment rights in the digital age. The case will now be dismissed, and the plaintiffs will receive compensation for their legal fees, with the Justice Department agreeing to pay $725,000 in costs and damages, and the State Department agreeing to provide greater transparency and oversight of its social media activities, and the plaintiffs' lawyer, Jay Sekulow, will continue to monitor the situation to ensure that the government does not engage in similar censorship activities in the future.
