Judge Jennifer Walker Elrod said the “irate messages” that flowed from high-ranking White House officials to the companies could go beyond the president’s protected First Amendment speech and enter the territory of censorship.
He also admitted to the court that the government continues to patrol social media and communicate with companies about their content.The case was brought by Missouri and Louisiana, which argued the government’s attempts to shut down opposing viewpoints during the pandemic or to shape election narratives silenced the states and their residents.
That issue did give the judges pause, particularly in light of a recent Supreme Court decision on immigration that appears to limit when states can challenge federal action.‘s description of the interactions with the social media companies as collaborative.