Supreme Court Appears Reluctant to Limit Biden Admin Contact With Social Media

People leave the U.S. Supreme Court in Washington on Feb. 21, 2024. Kevin Dietsch/Getty Images

Supreme Court Appears Wary of Limiting Biden Admin’s Social Media Contacts in Free Speech Case

By Matthew Vadum

Mar 18

Chief Justice of the Supreme Court John Roberts (L) along with (L–R) Associate Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson (back) stand in the House of Representatives ahead of President Joe Biden's third State of the Union address to a joint session of Congress in the House Chamber of the U.S. Capitol on March 7, 2024. Shawn Thew/Pool/AFP via Getty Images

Supreme Court justices seemed skeptical of state arguments on March 18 that the federal government was wrong to communicate with social media platforms about public health issues during the recent pandemic.

At the same time, during oral argument in Murthy v. Missouri, the states argued that the federal government strong-armed social media companies into censoring disfavored views on important public issues such as side effects related to the COVID-19 vaccine and the pandemic lockdowns. Applying this kind of pressure violates the First Amendment, the states argued.

Dr. Vivek Murthy is the U.S. surgeon general. The state of Missouri and other parties sued the federal government for alleged censorship by pressuring social media companies to suppress certain content.

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Supreme Court Justices Indicate Curbing Censorship Could Cause Issues for Government

By Zachary Stieber

Mar 18

Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington on Oct. 7, 2022. (Front L–R) Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. (Back L–R) Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Olivier Douliery/AFP via Getty Images

Several U.S. Supreme Court justices on March 18 suggested a ruling in favor of individuals who are challenging how government officials pressured social media companies to censor users would lead to a number of repercussions.

Justice Amy Coney Barrett, appointed by former President Donald Trump, offered the scenario of Louisiana state officials being doxxed, with their private information being posted online. Some people then called for harming the officials, but the posts fell short of being illegal in and of themselves.

The FBI saw the posts and alerted social media outlets. The FBI says the posts are “significantly threatening,” Justice Barrett said in her hypothetical. Should the court block the FBI from doing that?

“I’m a purist on the First Amendment, so my answer would be ‘yeah,’” Louisiana Solicitor General Benjamin Aguinaga responded.

Justice Barrett pushed back, asking if the official was aware of how often the FBI engages in that type of communication.

“That’s why I have my backup answer, Your Honor, which is, if you think there needs to be more, the FBI absolutely can identify certain troubling situations like that for the platforms and let the platforms take action,” Mr. Aguinaga said.

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