Pam Bondi and Kristi Noem sued for coercing platforms into censoring ICE posts.

other discussions
 

Platforms could face backlash from users if lawsuits expose their communications to the government, a possibility in the coming months. Last fall, the EFF sued after DOJ, DHS, ICE, and Customs and Border Patrol failed to respond to Freedom of Information Act requests seeking emails between the government and platforms about takedown demands. Other lawsuits may surface emails in discovery. In the coming weeks, a judge will set a schedule for EFF’s litigation.

“The nature and content of the Defendants’ communications with these technology companies” is “critical for determining whether they crossed the line from governmental cajoling to unconstitutional coercion,” EFF’s complaint said.

EFF Senior Staff Attorney Mario Trujillo told Ars that the EFF is confident it can win the fight to expose government demands, but like most FOIA lawsuits, the case is expected to move slowly. That’s unfortunate, he said, because ICE activity is escalating, and delays in addressing these concerns could irreparably harm speech at a pivotal moment.

 

Pressure is mounting on tech companies to shield users from unlawful government requests that advocates say are making it harder to reliably share information about Immigration and Customs Enforcement (ICE) online.

Alleging that ICE officers are being doxed or otherwise endangered, Trump officials have spent the last year targeting an unknown number of users and platforms with demands to censor content. Early lawsuits show that platforms have caved, even though experts say they could refuse these demands without a court order.

In a lawsuit filed on Wednesday, the Foundation for Individual Rights and Expression (FIRE) accused Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem of coercing tech companies into removing a wide range of content “to control what the public can see, hear, or say about ICE operations.”