PHOENIX — Attorney General Kris Mayes joined a multistate coalition opposing a decision from the U.S. District Court for the Western District of Louisiana prohibiting dozens of federal officials and agencies from communicating with social media companies about harmful online content, including financial scams, misinformation meant to undermine elections, and harassment.
The coalition of 21 attorneys general filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit urging the court to reverse the lower court decision. The coalition noted that the district court’s order sets a dangerous precedent that undermines the ability of federal, state and local governments to keep Americans safe and secure online.
“Social media companies and government officials must have open communication in order to ensure the safety of Americans online,” said Attorney General Mayes. “A pillar of the U.S. government is to ensure the safety and wellbeing of its citizens. The lower court’s decision impedes on this protection and means federal, state and local officials cannot contact social media companies about dangerous online content.”
Social media companies and government officials regularly engage in information-sharing and dialogue, especially during public health emergencies, elections, and other events where the spread of false or misleading information can endanger public health and safety.
Missouri, Louisiana, and several individuals brought a lawsuit in May 2022 against dozens of federal officials and agencies, alleging efforts to pressure social media companies to remove or suppress certain speech. In July 2023, the U.S. District Court for the Western District of Louisiana granted a request for a preliminary injunction. The resulting order effectively stops any communication between many federal government officials and social media companies concerning content moderation policies.
Attorney General Mayes and the coalition note in the amicus brief that the lower court’s order in effect blocks federal leaders from sharing information and policy views on how social media platforms can keep Americans safe online, potentially undoing years of mutually beneficial dialogue.
The brief also notes that social media companies have welcomed the input of state governments and federal agencies on topics critical to the public interest, such as protecting children from online harassment and preventing the spread of misinformation designed to undermine election security and integrity.
Joining Attorney General Mayes in filing the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Wisconsin, and the District of Columbia.
View the amicus brief HERE.