Supreme Court Dismisses Challenge Against Biden Admin Pressuring Social Media to Censor Speech

The majority held that the plaintiffs did not establish Article III standing. The plaintiffs requested “forward-looking relief.” Therefore, they had to prove they would face “a real and immediate threat of repeated injury.”

“Putting these requirements together, the plaintiffs must show a substantial risk that, in the near future, at least one platform will restrict the speech of at least one plaintiff in response to the actions of at least one Government defendant,”. “Here, at the preliminary injunction stage, they must show that they are likely to succeed in carrying that burden. On the record in this case, that is a tall order.

But even Hines, with her superior showing on past harm, has not shown enough to demonstrate likely future harm at the hands of these defendants. On this record, it appears that the frequent, intense communications that took place in 2021 between the Government defendants and the platforms had considerably subsided by 2022, when Hines filed suit. Thus it is “no more than conjecture” to assume that Hines will be subject to Government-induced content moderation.

If a President dislikes a particular newspaper, he lacks the ability to put the paper out of business. But for Facebook and many other social media platforms, the situation is fundamentally different. They are critically dependent on the protection provided by §230 of the Communications Decency Act of 1996, 47 U. S. C. §230, which shields them from civil liability for content they spread.

SCOTUS has affirmed and reaffirmed for 60 years that “Government may not coerce or intimidate a third-party intermediary into suppressing someone else’s speech.”Haven’t read the opinions or the filings, but this is a shockingly bad outcome. Kavanaugh, Barrett and Roberts joined the crazies for this.

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