On April 26 2021, the US Court of Appeals for the District of Columbia Circuit ruled to uphold three key aspects of President Donald Trump’s gag order. This controversial policy, which was put into place during Trump’s presidency, restricted the ability of certain federal government scientists from talking to the press and stakeholders, speaking at conferences, and engaging in social media posts. This ruling means that the current Biden administration will have to draft new rules if they want to end the gag order.
The three parts of the gag order that were upheld were:
1) The requirement for prior written permission by supervisors for federal scientists to speak freely about their research to anyone outside the workplaces;
2) The stipulation that before engaging in any media exposure, federal scientists must receive permission from their supervisors;
3) The prohibition of federal scientists from appearing at conferences or other events related to their research without prior written permission from their supervisors.
The court also upheld the language in the gag order which requires federal scientists to remove content from their own personal social media accounts if it relates to the work they are performing.
The court found that while none of the three aspects of the gag order violated the First Amendment, they do raise “important questions of public policy.” It further stated that the Biden administration should weigh the costs and benefits of the order carefully in considering any changes.
