Consent decree bars federal officials from pressuring platforms over protected speech while allowing limited communication without threats of enforcement.
By yourNEWS Media Newsroom
A federal judge has approved a sweeping consent decree placing new limits on how government officials may interact with social media companies regarding content moderation, following a legal dispute over alleged federal involvement in online speech decisions.
According to a report by Just the News, U.S. District Judge Terry Doughty signed off on the agreement, which will remain in effect for 10 years and apply to the current administration and the next two presidential terms.
The settlement stems from litigation brought by the states of Louisiana and Missouri, along with individual plaintiffs, who alleged that federal agencies pressured technology platforms to suppress certain viewpoints. Attorneys for both sides reached the agreement earlier this week and jointly requested court approval, including provisions allowing plaintiffs to recover attorney’s fees.
The case originated during the prior administration and followed earlier rulings in which Doughty issued a preliminary injunction limiting federal engagement with social media companies. That order was later narrowed by the 5th U.S. Circuit Court of Appeals and ultimately set aside by the Supreme Court, which did not rule on the merits but instead cited lack of legal standing.
The newly approved consent decree establishes boundaries on federal conduct moving forward. It prohibits officials from directly or indirectly threatening social media companies with regulatory or legal consequences in order to influence decisions about removing or suppressing lawful speech.
The order states that defendants “shall take no actions, formal or informal, directly or indirectly … to threaten Social-Media Companies with some form of punishment … unless they remove, delete, suppress, or reduce … posted social-media content containing protected free speech.” It also bars federal officials from directing or vetoing moderation decisions made by private platforms.
At the same time, the decree allows government agencies to communicate with companies by sharing information or expressing viewpoints, provided such interactions do not involve coercion or implied penalties. Officials may still state that content is inaccurate or contrary to government positions, so long as no enforcement threat is attached.
The restrictions apply to agencies including the Office of the Surgeon General, the Centers for Disease Control and Prevention, and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. The order specifically covers interactions involving platforms such as Facebook, Instagram, X, LinkedIn and YouTube, and is limited to the accounts of the plaintiffs and certain state officials acting in their official capacities.
Louisiana Attorney General Ben Aguiñaga described the agreement as a “big freaking deal,” noting that it represents a novel legal framework addressing First Amendment concerns in the context of social media. He said the settlement required “a lot of institutional buy-in” and reflected extensive negotiations among the parties.
A spokesperson for the New Civil Liberties Alliance, which represented individual plaintiffs, said the organization sought to secure a strong outcome “in defense of civil liberties” and described the agreement as addressing new legal territory with limited precedent.
Supporters of the lawsuit characterized the outcome as a significant development in defining the limits of government involvement in online speech. Missouri Sen. Eric Schmitt, who initiated the case while serving as the state’s attorney general, said the agreement represents “the first real, operational restraint on the federal censorship machine.”
Louisiana Attorney General Liz Murrill said the litigation uncovered extensive documentation related to government interactions with technology platforms, adding that the settlement addresses concerns raised during the case.
The consent decree also clarifies that it does not apply to the Federal Communications Commission, which regulates broadcast media but not social media platforms. Separately, ongoing debates continue over the FCC’s policies related to news content and public interest obligations.
The agreement follows earlier legal developments in the case, including expanded discovery approved after the 2024 election to examine the scope of federal communications with social media companies. Some original plaintiffs are no longer part of the case due to subsequent roles in government, while others remain involved.
The court order emphasizes that while federal officials may enforce laws and address unlawful speech, they do not have authority to determine the truth or falsity of lawful expression. The decree concludes that future disputes over these boundaries will remain subject to judicial oversight under the terms of the agreement.
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