Missouri v. Biden: A Decade of Speech Protection

A gavel resting on a legal document titled 'LAWSUIT' with a pen and an open book in the background

A federal court settlement bars Biden-era agencies from coercing social media platforms to censor Americans’ speech for the next decade, marking the first real legal restraint on government jawboning that silenced conservative voices on COVID, elections, and more.

Story Highlights

  • Missouri v. Biden settlement restricts Surgeon General, CDC, and CISA from threatening platforms over speech for 10 years
  • Consent decree approved March 26, 2026, addresses Biden administration pressure on Facebook, X, YouTube to suppress dissenting views
  • Plaintiffs celebrate precedent-setting victory against “deep state” censorship machine despite limited scope
  • Settlement applies primarily to specific plaintiffs, not all Americans, while government admits no wrongdoing

Landmark Settlement Ends Four-Year Battle

U.S. District Judge Terry Doughty approved a consent decree March 26, 2026, concluding Missouri v. Biden, the four-year lawsuit challenging federal agencies’ pressure on social media companies. Missouri, Louisiana, and individual plaintiffs including Dr. Aaron Kheriaty filed the case in 2022, alleging Biden officials violated the First Amendment by coercing platforms like Facebook, Instagram, X, and YouTube to censor constitutionally protected speech. The settlement bars the Surgeon General, Centers for Disease Control and Prevention, and Cybersecurity and Infrastructure Security Agency from threatening or penalizing platforms over content moderation for ten years, establishing what plaintiffs call historic precedent against government overreach.

Scope Limited but Precedent Significant

The consent decree specifically prohibits coercion tactics federal agencies allegedly deployed during COVID-19 to suppress pandemic skepticism, election integrity discussions, and Hunter Biden laptop coverage. Unlike broader injunctions sought initially, this settlement focuses narrowly on named agencies and primarily protects the plaintiffs themselves rather than all citizens. Government officials retain authority to flag potentially criminal content or national security threats without coercive language. The settlement explicitly states that labeling speech as “misinformation” does not strip it of First Amendment protections, addressing a core concern for conservatives who saw their viewpoints branded as dangerous lies simply for questioning official narratives.

Trump Administration Reverses Biden Policies

Attorney General Pamela Bondi framed the settlement as undoing Biden-era First Amendment abuses, implementing President Trump’s “Restoring Freedom of Speech” executive order. The Justice Department announcement came late March 2026, simultaneously resolving the related Children’s Health Defense v. Biden case. This represents a significant shift from the Biden administration’s approach, where officials regularly communicated with platforms about content deemed problematic. Missouri Attorney General Catherine Hanaway declared politicians will no longer police speech, while Louisiana AG Liz Murrill called it “simply historic.” Former Missouri AG and current Senator Eric Schmitt, who initiated the lawsuit, celebrated the first real operational restraint on what he termed the federal censorship machine.

Victory Tempered by Practical Limitations

Dr. Kheriaty, a Catholic bioethicist whose own deplatforming sparked his involvement, acknowledged the settlement as a hard-fought but limited victory during a March 31 EWTN interview. While celebrating the precedent as the first of its kind against digital age government censorship, he noted the decree leaves non-plaintiffs vulnerable to similar coercion tactics. The Supreme Court vacated earlier preliminary injunctions in June 2024 on standing grounds without addressing merits, forcing plaintiffs to continue fighting in district court. Social media platforms now have clearer boundaries—agencies can share information but cannot threaten regulatory consequences for content decisions. This matters for everyday Americans frustrated by years of having legitimate questions about COVID policies, election processes, and government accountability silenced as supposed misinformation.

Constitutional Protections Restored

The settlement addresses what plaintiffs described as the largest government-sponsored censorship effort in American history. Federal agencies during the Biden years pressured platforms to remove or suppress posts questioning vaccine mandates, lockdown effectiveness, mail-in ballot security, and laptop evidence implicating the president’s family. Conservative voices faced disproportionate enforcement, with pandemic dissent and election concerns frequently labeled dangerous misinformation requiring removal. The 10-year consent decree establishes enforceable limits on such jawboning tactics, though government attorneys maintained throughout they admitted no wrongdoing. For Americans who value constitutional freedoms over bureaucratic narrative control, this represents accountability even if incomplete—a reminder that the First Amendment still constrains government power when citizens fight back through the courts.

Sources:

Plaintiff Discusses Landmark Settlement Curbing Government Social Media Censorship – EWTN News

Justice Department Settles Lawsuits Over Alleged Social Media Censorship – KHQ

‘Orwellian’ Biden-Era Censorship Reined In, Red States Celebrate Historic Settlement – Fox News

NCLA Reaches Historic Settlement, Strikes Major Blow Against Government’s Social Media Censorship – New Civil Liberties Alliance