seemed likely Monday to side with the Biden administration in a dispute with Republican-led states over how far the federal government can go to combat controversial social media posts on topics includingThe justices seemed broadly skeptical during nearly two hours of arguments that a lawyer for Louisiana, Missouri and other parties presented accusing officials in the Democratic administration of leaning on the social media platforms toSeveral justices said they were concerned that common...
He said that calls merely encouraging the platforms to act also could violate speech rights, responding to a hypothetical situation conjured by JusticeJackson, joined by Chief Justice John Roberts, pressed the Louisiana lawyer about whether platforms could be encouraged to remove such posts. Justice Department lawyer Brian Fletcher argued that none of the actions the states complain about come close to problematic coercion and that the federal government would lose its ability to communicate with the social media companies aboutThe platforms are large sophisticated actors with no reluctance to stand up to the government, “saying no repeatedly when they disagree with what the government is asking them to do,” Fletcher said.
Later, Kagan said, “I mean, this happens literally thousands of times a day in the federal government.”
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