September 11, 2023

Senator Schmitt Statement on Victory in Fifth Circuit in Missouri v. Biden

WASHINGTON – This evening, the Fifth Circuit Court of Appeals upheld much of the District Court’s ruling in Missouri v. Biden, preventing the federal government from colluding with social media giants to censor speech online. Senator Schmitt released the following statement:

“This evening, the Fifth Circuit Court of Appeals upheld the critical ruling by the District Court preventing the federal government from censoring speech – this is another massive victory for free speech. Because of Missouri v. Biden, the federal government is prohibited yet again from colluding with social media giants to censor freedom of speech online. I’m proud to have filed Missouri v. Biden when I was Missouri’s Attorney General, and I will continue to fight for freedom of speech here in the Senate.”

Background:

  • Senator Schmitt filed Missouri v. Biden in 2022 when he was serving as Missouri’s Attorney General, alleging a “vast censorship enterprise” between the federal government and social media companies to censor speech online
  • The Fifth Circuit Court of Appeals upheld much of the District Court’s ruling, enjoining a number of federal government defendants from coordinating and colluding with social media companies to censor speech online.
  • Senator Schmitt previously introduced the COLLUDE Act, which would strip Section 230 protections from social media companies that censor speech at the behest of government actors.
  • Senator Schmitt also introduced the Censorship Accountability Act, which would allow private citizens to sue federal government officials if they censor their speech online.
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