Biden Administration Loses Lawsuit Over Social Media Censorship

Settlement prohibits federal agencies from pressuring tech companies to remove protected speech

Apr. 6, 2026 at 8:03am

The Biden administration has lost a lawsuit over its efforts to censor social media posts that went against the government's preferred narrative on issues like COVID-19 and elections. A settlement reached with the Trump administration prohibits federal agencies like the CDC and CISA from threatening or punishing tech companies for allowing constitutionally protected speech on their platforms.

Why it matters

This case highlights the ongoing tensions between the government's desire to control the flow of information and the First Amendment's protections for free speech. The settlement is a victory for those who believe the government should not be the arbiter of truth or actively try to limit important public discourse, even on controversial topics.

The details

The lawsuit was brought by Missouri, Louisiana, and several individual plaintiffs against the Biden administration. It alleged that the government worked to coerce social media companies to censor certain messages that went against the 'preferred' government narrative. The case reached the Supreme Court in 2024, where the plaintiffs got an unfavorable ruling, but they continued to pursue the lawsuit. The new settlement prohibits federal agencies like the Office of the Surgeon General, CDC, and CISA from threatening or punishing tech companies for 10 years in order to get them to take down protected speech or alter their content moderation practices.

  • The lawsuit was filed in 2023.
  • The case reached the Supreme Court in 2024.
  • The settlement was reached with the Trump administration in 2026.

The players

Missouri

One of the states that brought the lawsuit against the Biden administration.

Louisiana

One of the states that brought the lawsuit against the Biden administration.

New Civil Liberties Alliance (NCLA)

The legal organization that represented several of the individual plaintiffs in the case.

John Vecchione

Senior litigation counsel at NCLA who commented on the importance of Americans bringing cases if they believe their constitutional rights are being violated.

Marco Rubio

The Secretary of State who detailed the government's actions that led to 'fact checks' and reports discrediting conservative publications like The Daily Wire and The Federalist.

Got photos? Submit your photos here. ›

What they’re saying

“This settlement helps safeguard that marketplace of ideas from the federal government.”

— New Civil Liberties Alliance

“It is so important for Americans to have a little bit of courage and bring these cases if they think it's happening to them.”

— John Vecchione, Senior Litigation Counsel, NCLA

What’s next

The settlement will be in effect for the next 10 years, prohibiting federal agencies from threatening or punishing social media companies for allowing constitutionally protected speech on their platforms.

The takeaway

This case underscores the ongoing battle between the government's desire to control the flow of information and the First Amendment's protections for free speech. The settlement is a victory for those who believe the government should not be the arbiter of truth or actively try to limit important public discourse, even on controversial topics.