Court rejects NIH social media restrictions on animal testing comments

By Michael Doyle | 07/31/2024 01:55 PM EDT

The First Amendment challenge was brought by People for the Ethical Treatment of Animals and other advocates.

A sign is seen outside National Institutes of Health headquarters in Bethesda, Md., Feb. 21, 2024. (Francis Chung/POLITICO via AP Images)

A sign is seen outside National Institutes of Health headquarters in Bethesda, Maryland. Francis Chung/POLITICO

A federal appeals court struck down Tuesday a National Institutes of Health social media policy that automatically blocked posts containing specific words often used by animal rights advocates.

In a victory for People for the Ethical Treatment of Animals, as well as free-speech advocates, the U.S. Court of Appeals for the District of Columbia Circuit concluded the social media policy violated the First Amendment.

“The permanent and context-insensitive nature of NIH’s speech restriction reinforces its unreasonableness, especially absent record evidence that comments about animal testing materially disrupt NIH’s ability to meet its objective of communicating with citizens about NIH’s work,” Judge Bradley Garcia wrote for a unanimous three-judge panel.

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Garcia added that the policy “skews sharply against [PETA’s] viewpoint that the agency should stop funding animal testing by filtering terms such as ‘torture’ and ‘cruel,’ not to mention terms previously included such as ‘PETA’ and ‘#stopanimaltesting.'”

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