This is a massively important case. Plaintiffs included the states of Missouri and Louisiana and several individuals. Plaintiffs alleged that various agencies of the Biden administration, including the White House, CDC, the FBI and others, have coerced tech companies into censoring conservative views on a variety of topics. In order to grant the plaintiffs’ motion for a preliminary injunction, Judge Doughty had to find that they are likely to ultimately prevail on the merits. Thus, his 155-page Memorandum lays out in considerable detail the evidence of government censorship that plaintiffs have developed. This came, I take it, through discovery that was directed at the social media companies. …

To some extent, while the parties cited various cases in support of or in opposition to the motion for a preliminary injunction, we are in uncharted waters. There has never been a campaign of censorship like the one that has been alleged and proved here, nor have we had companies like Facebook, Twitter et al. that have such practical control over the news that reaches Americans. The fate of the case depends on the strength of the facts showing government coercion or encouragement that plaintiffs have been able to develop. Having read Judge Doughty’s opinion, I think the facts would amply support affirmance of the Court’s order by our current Supreme Court.