Judge Extends Discovery Schedule in AGs' Big Tech Censorship Lawsuit

The U.S. District Court for the Western District of Louisiana shouldn't stay additional discovery pending a ruling on the motion to dismiss a lawsuit from Republican state attorneys general claiming Biden administration officials colluded with Big Tech to censor social media information, said U.S. District Judge Terry Doughty in a memorandum order (docket 3:22-cv-01213) filed Wednesday. The expedited preliminary discovery schedule is extended from Dec. 31 to Jan. 13, Doughty said. On Nov. 22, the DOJ dismissed the AGs’ evidence of “coercion,” including official statements about combating misinformation, suggestions about potential antitrust action against the companies and comments about the need to alter Communications Decency Act Section 230 (see 2211230075). The Wednesday memorandum order said four of eight authorized depositions in the case have been taken, but the 5th Circuit stayed the depositions of U.S. Surgeon General Vivek Murthy; Jen Easterly, Cybersecurity and Infrastructure Security Agency director; and Rob Flaherty, White House director of digital strategy. It also required the district court to: (1) analyze whether information sought could be addressed through alternative means, and (2) evaluate the prudence of ruling on the defendants’ motion to dismiss prior to authorizing additional depositions. Former White House Press Secretary Jen Psaki, who wasn't a party in the writ of mandamus, also objects to taking her deposition, said the order. The court authorized the plaintiffs to take the deposition of Murthy’s chief of staff, Eric Waldo, as an alternative. The defendants have provided “no reasonable alternative” to Psaki, saying she no longer works for the White House.