WASHINGTON – The Justice Department this week announced the settlement of litigation alleging that the Biden administration induced Twitter to suppress disfavored speech by an American citizen. The lawsuit alleged that coercing the social media company to suppress disfavored speech violated the First Amendment of the United States Constitution.
The settlement implements President Trump’s Executive Order, entitled “Restoring Freedom of Speech and Ending Federal Censorship,” acknowledging that “the previous administration trampled free speech rights by censoring Americans’ speech on online platforms, often by exerting substantial coercive pressure on third parties, such as social media companies, to moderate, deplatform, or otherwise suppress speech that the Federal Government did not approve.” 90 Fed. Reg. 8243 (Jan. 28, 2025).
“The Biden Administration engaged in blatant viewpoint discrimination, wielding power over social media to kick conservatives off Twitter completely,” said Associate Attorney General Stanley Woodward. “Today’s settlement proves such injustices are over under President Trump’s leadership.”
“This Department will continue working to undo past abuses of the First Amendment,” said Assistant Attorney General Brett Shumate, of the Civil Division. “Unlawful government coercion of social media companies has no place in our country or under our Constitution.”
“This settlement is an important milestone in the battle for free speech in our country, concerning a time when social media censorship encouraged by state and federal government actors suppressed wide swaths of protected speech,” said Assistant Attorney General Harmeet K. Dhillon, of the Civil Rights Division. “The proper antidote to speech one doesn’t like, is more speech.”
The Department’s agreement with plaintiff avoids the need for continued litigation in this case. Berenson v. Biden, No. 25-2709 (2d. Cir.).
Securing the right of the American people to engage in constitutionally protected speech is a priority of the Department of Justice. Additional information about the Civil Division is available at www.justice.gov/civil.
