Daily Briefing

Around the nation: Federal court rules Biden administration likely violated First Amendment


The U.S. Court of Appeals for the Fifth Circuit on Friday ruled that the Biden administration, government officials, and the FBI likely violated the First Amendment by influencing tech companies' decisions to either remove or suppress posts related to the coronavirus and elections, in today's bite-sized hospital and health industry news from the District of Columbia, Illinois, and Louisiana.

  • District of Columbia: America's Health Insurance Plans (AHIP) last week named Julie Simon Miller as interim CEO. Miller has worked at AHIP for 18 years and has served as general counsel since 2015. She will temporarily succeed Matt Eyles, who is leaving as president and CEO at the end of the month. (Tepper, Modern Healthcare, 9/7)
  • Illinois: Walgreens has formed a partnership with Pearl Health to provide value-based care services to provider partners, helping clinicians transition to value-based reimbursement beginning with members of Accountable Care Organization Realizing Equity, Accountability, and Community Health. The program will launch on Jan. 1, 2024, and Stephen Wogen, VP and chief growth officer of Walgreens U.S. healthcare, said "several thousand providers" will participate. (Turner, Modern Healthcare, 9/12)
  • Louisiana: The U.S. Court of Appeals for the Fifth Circuit on Friday ruled that the Biden administration, government health officials, and the FBI likely violated the First Amendment by influencing tech companies' decisions to either remove or suppress posts related to the coronavirus and elections. The unanimous decision from three judges argued the White House likely "coerced the platforms to make their moderation decisions by way of intimidating messages and threats of adverse consequences," and that the White House "significantly encouraged the platforms' decisions by commandeering their decision-making processes, both in violation of the First Amendment." A spokesperson for the White House said the Biden administration "has promoted responsible actions to protect public health, safety, and security when confronted by challenges like a deadly pandemic and foreign attacks on our elections. Our consistent view remains that social media platforms have a critical responsibility to take account of the effects their platforms are having on the American people, but make independent choices about the information they present." (Zakrzewski/Menn, Washington Post, 9/9)

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