Challenge to Biden hectoring of social media firms appears doomed at Supreme Court

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A majority of justices saw flaws in conservative states’ drive to ban federal officials from pressuring Facebook, Google and others.

Louisiana Attorney General Liz Murill and Missouri Attorney General Andrew Bailey speak with reporters outside the U.S. Supreme Court after justices heard oral arguments in Murthy v. Missouri, a first amendment case involving the federal government and social media platforms in Washington, D.C., March 18, 2024.

Alito said it was completely unfathomable that officials would be so crude in dealings with the traditional press as they were in emails exchanged with the tech firms. “Like Justice Kavanaugh, I have had some experience encouraging press to suppress their own speech,” Kagan said as Kavanaugh and others in the courtroom chuckled. “This happens literally thousands of times a day in the federal government.”

Fletcher said the government didn’t engage in coercion — which he said would be unconstitutional — just encouragement and persuasion for the social media platforms to enforce their existing rules at the time barring Covid-19 misinformation. “The government is not monolithic either,” he said. “You can’t pick and choose which part of the government you are concerned about.”

 

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