Two First Amendment cases came before the Supreme Court yesterday, prompting the justices to consider how much governments could persuade or coerce certain speech without violating the Constitution.
The Biden administration spoke during both cases—Murthy v. Missouri and NRA v. Vullo— while trying to argue that governments could persuade but not engage in activity that coerced suppression of speech. It used that reasoning to support the NRA in its lawsuit against New York while opposing First Amendment claims brought by Missouri, Louisiana, and others.

Conservative demonstrators, who allege that the government pressured or colluded with social media platforms to censor right-leaning content under the guise of fighting misinformation, protest outside the U.S. Supreme Court in Washington on March 18, 2024, as the Court hears oral arguments in the case of Murthy v. Missouri. Saul Loeb/AFP via Getty Images
The Fifth Circuit, according to the U.S. Solicitor General, had issued an overbroad injunction in response to the Biden administration’s various communications to social media companies regarding content related to COVID-19. It added that the government had the right to speak and advance its views through conversations with social media companies.
Traceability came up during the first argument with the Biden administration suggesting the individuals suing didn’t have standing because they couldn’t show a direct relationship between their communications and later social media content moderation decisions.
Louisiana Solicitor General Benjamin Aguinaga accused the government of “badger[ing] the platforms,” “abus[ing] them with profanity,” and getting the platforms to censor speech.
‘A scarlet letter’ was placed on the NRA, according to Georgetown Law Professor David Cole. Representing the NRA, he said that New York officials engaged in “a campaign by the state’s highest political officials to use their power to coerce a boycott of a political advocacy organization because they disagreed with its advocacy.”
Neal Katyal, who served as principal deputy solicitor general in the Obama administration, argued that the state legitimately targeted the NRA over illegal conduct. He also defended the idea that former New York Department of Financial Services Superintendent Maria Vullo enjoyed qualified immunity from legal challenges, as the Second Circuit ruled.
Big consequences could follow both cases as they wrestle with how much governments can indirectly counteract organizations that promote particular viewpoints. Justice Samuel Alito attempted to drill down on the Biden administration’s position—wondering whether New York could have gotten away with its pressure campaign if it was less “ham-handed” in its moves.
These cases were just two of many involving social media and free speech in the Court this term. In the Netchoice cases last month, the Court considered the extent to which states could regulate social media content moderation.
—Sam Dorman
BIG DECISIONS IN ILLINOIS AND OHIO PRIMARIES
Even though the presidential primaries are effectively over, with an all-but-guaranteed rematch between President Joe Biden and former President Donald Trump, there are still some upcoming races that will shape Washington in 2025.
First, and highest profile, is the Senate primary in Ohio, which will be held today.

Republican presidential candidate former President Donald Trump greets Ohio Republican candidate for U.S. Senate Bernie Moreno (L) during a rally at the Dayton International Airport in Vandalia, Ohio, on March 16, 2024. Scott Olson/Getty Images
The Obama coalition swing state was once seen as a battleground—but Trump changed that calculus in 2016 and 2020, winning the state by 8 points each time.
Then, in 2022, Ohioans chose populist Republican J.D. Vance to represent them in the U.S. Senate by a 6-point margin, further cementing Ohio’s new status as a safe Republican state.
This year, Sen. Sherrod Brown (D-Ohio) will seek to save his seat even as Republicans have gained dominance in the Buckeye State.
There are three major contenders for the Republican nomination who will face off today: Businessman Bernie Moreno, who’s been endorsed by Trump, Ohio Secretary of State Frank LaRose, and state Sen. Matt Dolan. Polls show a nearly dead heat between Moreno and Dolan.
Down in the lower chamber, Republicans are also vying for the nomination to face off against Rep. Marcy Kaptur (D-Ohio), a 21-term lawmaker who’s served since 1983, in a primary that’s been rife with controversies.
Republicans are also seeking to unseat Rep. Emilia Sykes (D-Ohio), a freshman who won by a five-point margin in 2022.
Most of their races, which can be found here, are local affairs. However, there are a few races of national interest.
These generally involve Democrats, who have become fiercely divided over the Israel-Palestine conflict, with many progressives calling for an immediate ceasefire.
One key Democrat primary will be held in Illinois’s Sixth District, which covers parts of Cook and DuPage counties encompassing heavily Arab American sections of the southwestern suburbs.
Incumbent Rep. Sean Casten (D-Ill.) is facing two challengers, Nicor Gas operations technician Charles Hughes, who advocates a two-state solution, and public health administrator Mahnoor Ahmad, who’s calling for a ceasefire.
Rep. Danny K. Davis (D-Ill.), who’s facing ethics complaints for misuse of office funds, will also seek to stave off challengers for his Seventh District seat.
—Joseph Lord
COUNTDOWN TO SHUTDOWN DEADLINE
Yet another deadline to avert a government shutdown is approaching fast with a deal nowhere in sight.
Congress passed a package of six spending bills earlier this month, sidestepping a partial shutdown. Members are now in another race against the clock to solidify and pass the remaining six bills by Friday (March 22).
A deal was expected to materialize on March 15, but Department of Homeland Security (DHS) funding disputes reportedly threw a wrench in the works. And while talks were said to be back on track on March 18, the hours ticked away with still no word from negotiators.
“Negotiations continue, and we are focused, certainly, on reaching an agreement,” White House press secretary Karine Jean-Pierre told reporters at a press briefing. “As you know, the shutdown is set for this coming Friday, and we want to get to a place where … DHS has what it needs to continue the operational pace that they’ve been having.”
The White House wants more funding for DHS to help manage the crisis at the southern border. But Republicans are wary of how those funds will be used.
“Congress: we are FUNDING a DHS that is MASS RELEASING illegal aliens into our communities, some of whom commit horrific crimes,” Rep. Chip Roy (R-Texas) wrote in an X post.
“Republicans MUST NOT vote to keep funding Mayorkas’ DHS at the same level with zero policy changes next week. We have the power to stop this,” he said.
Other remaining spending bills fund the departments of Defense, Labor, Health and Human Services, Education, and State, as well as the legislative branch, financial services, and general government.
Any deal reached will likely require bipartisan support to pass.
—Samantha Flom
WHAT’S HAPPENING
- Biden campaigns in Reno and Las Vegas, Nevada.
- Five states hold presidential primaries, including Ohio and Illinois, which also hold key down-ballot races.
- Retired Joint Chiefs of Staff Gen. Mark Milley testifies before the House Foreign Affairs Committee on the Afghanistan withdrawal.
Failed 2024 presidential contender Asa Hutchinson says he won’t be backing Trump or Biden this year, The Epoch Times’ Joseph Lord reports. The candidate left the race after failing to garner even half a percent of support in the Iowa Caucus, which Trump won by a double-digit margin.
Speculation is rampant about who Independent presidential candidate Robert F. Kennedy Jr. will choose as his running mate, The Epoch Times’ Jeff Louderback reports. A series of celebrity names have been put forward as contenders, ranging from New York Jets quarterback Aaron Rodgers to former professional wrestler and Minnesota Gov. Jesse Ventura to television star Mike Rowe.
Trump is set to release his plan for abortion “pretty soon,” The Epoch Times’ Naveen Athrappully reported. Trump has said in the past that he’s looking to craft an abortion policy that would make “both sides” of the debate happy.
Paul Manafort, the pardoned former campaign manager for Trump in 2016, could be set to return to the campaign as an adviser, according to a report by The Washington Post.
Supreme Court Chief Justice John Roberts yesterday denied former Trump official Peter Navarro’s 11th-hour bid to avoid reporting to jail over a contempt of Congress conviction that he is appealing. Mr. Navarro is due to report to a federal prison in Miami by 2 p.m. ET today, making him the first former Trump official to go to jail.