WASHINGTON, DC – Social media companies like Facebook are free to continue censoring conservatives according to a divided Supreme Court, over a vigorous conservative dissent.
“Though the platforms restricted the plaintiffs’ content, the plaintiffs maintain that the Federal Government was behind it,” Barrett explained. “Acting on that belief, the plaintiffs sued dozens of Executive Branch officials and agencies, alleging that they pressured the platforms to censor the plaintiffs’ speech in violation of the First Amendment.”
The majority held that the plaintiffs failed to show they had suffered legal injuries that were traceable to Facebook and the company formerly called Twitter, that resulted from Biden administration coercion, and that a court could fix by issuing an order. “Victims of the campaign perceived by the lower courts brought this action to ensure that the Government did not continue to coerce social media platforms to suppress speech,” Alito began. “All these victims simply wanted to speak out on a question of the utmost public importance.”
“Some was undoubtedly untrue or misleading, and some may have been downright dangerous,” Alito noted. “But we now know that valuable speech was also suppressed. That is what inevitably happens when entry to the marketplace of ideas is restricted.” And because of the perpetrators’ high positions, it was even more dangerous. It was blatantly unconstitutional, and the country may come to regret the Court’s failure to say so. Officials who read today’s decision together withwill get the message. If a coercive campaign is carried out with enough sophistication, it may get by. That is not a message this Court should send.
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