A Supreme Court ruling in a social media case could set standards

U.S. Supreme Court News

In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security.

The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue.

The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express.

The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms.

“It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online.

The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.”

The companies themselves are not involved in the case.

Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.

Related listings

  • Hong Kong court affirms landmark sedition conviction for pro-democracy activist

    Hong Kong court affirms landmark sedition conviction for pro-democracy activist

    U.S. Supreme Court News 03/07/2024

    Criticizing laws or chanting anti-government slogans can be enough to jail someone for sedition in Hong Kong, an appeal court ruled Thursday in a landmark case brought under a colonial-era law increasingly used to crush dissent.Tam Tak-chi, the first...

  • Witness at trial recounts fatal shooting of cinematographer by Alec Baldwin

    Witness at trial recounts fatal shooting of cinematographer by Alec Baldwin

    U.S. Supreme Court News 02/25/2024

    Testimony at trial Monday turned emotional and argumentative as an eyewitness recounted the fatal 2021 shooting of a cinematographer by actor Alec Baldwin during a movie rehearsal and described gun misfires, crew members walking out and a “ludi...

  • Nevada Supreme Court sides with AP in Wynn defamation suit

    Nevada Supreme Court sides with AP in Wynn defamation suit

    U.S. Supreme Court News 02/08/2024

    The Nevada Supreme Court on Thursday dismissed a defamation lawsuit brought by casino mogul Steve Wynn against The Associated Press over a story about two women’s accounts to police alleging he engaged in sexual misconduct.The court cited state...

The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one

Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.

Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.