According to a Department of Justice memo featured in a report from DOJ Inspector General Michael Horowitz, the FBI will play a role in social media moderation ahead of the 2024 election.
The FBI “will resume regular meetings in the coming weeks with social media companies to brief and discuss potential [Foreign Malign Influence] threats involving the companies’ platforms” the memo states.
National Review reports Horowitz recommended the DOJ increase its transparency around the policies it put in place to ensure information sharing does not trample on the First Amendment, and to ensure the coordination strategy evolves to keep up with ever-changing foreign threats. The report’s appendix says both of the recommendations have been taken up by the DOJ, and requests documentation of the FBI’s outreach to social-media companies over the coming months.
Additionally, the FBI’s Foreign Influence Task Force (FITF) and local offices will be tasked with building relationships with social-media companies in areas under the purview of various FBI field offices. As part of this outreach strategy, FBI officials are being instructed to make companies aware of the new standard operating procedure for monitoring suspected foreign influence operations online.
The memo says in February, the DOJ implemented the new standard operating procedure for coordinating content moderation with social-media companies in a way they say does not violate the First Amendment. Since February, the FBI has been sharing information about foreign threats within the parameters of the standard operating procedure.
The Supreme Court recently dealt a blow to those who argue the federal government’s close cooperation with Big Tech firms violates the First Amendment. National Review reports of the case:
Last month, the Supreme Court ruled that plaintiffs in the Murthy v. Missouri online censorship case lacked standing to sue, in a win for the Biden administration. Troves of evidence unveiled during the litigation appeared to show efforts from various government agencies to pressure platforms into restricting certain viewpoints, especially those related to the coronavirus pandemic. Last summer, the FBI suspended its coordination with social-media platforms due to a lower court’s preliminary injunction restricting the bureau’s ability to coordinate with the companies because of likely First Amendment violations.