Supreme Court wary of limiting government contact with social media platforms
The Supreme Court has deliberated on a case crucial for delineating the extent of the US government’s authority in combatting online disinformation.
Louisiana and Missouri initiated the case, contending that governmental engagement with social media platforms should be circumscribed. However, during Monday’s hearings, the court’s nine justices seemed skeptical of this argument.
This case is viewed as a pivotal examination of the government’s ability to exert pressure on social media platforms for content removal. Its genesis lies in the Biden administration’s efforts to urge platforms to take down posts deemed false regarding the Covid pandemic and the 2020 election.
Louisiana and Missouri, joined by various plaintiffs, including Jim Hoft, the proprietor of Gateway Pundit, a right-wing website accused of disseminating misinformation, and Jill Hines, co-director of Health Freedom Louisiana, a group opposing vaccines and related mandates, alleged infringement upon their free speech rights by the Biden administration, purportedly aimed at stifling conservative viewpoints.
During Monday’s proceedings, some justices hesitated to endorse a lower court’s ruling that would significantly curtail government interactions with social media companies.
This ruling is temporarily suspended pending the Supreme Court’s deliberations. Certain justices expressed concerns that routine interactions between officials and major platforms could be affected.
“Some might say that the government must take steps to protect the citizens of this country, and you seem to be suggesting that that duty cannot manifest itself in the government encouraging or even pressuring platforms to take down harmful information,” Justice Ketanji Brown Jackson told Benjamin Aguinaga, the Louisiana solicitor general.
Mr Aguinaga argued that emails to social media executives from White House officials constituted illegal pressure and amounted to censorship.
In the messages, the Biden administration flagged popular posts on the biggest social media platforms that promoted – among other things – misinformation about COVID-19 vaccines and false claims of widespread voter fraud during the 2020 presidential election.
Some of the emails were sent to senior social media executives such as Meta’s president of global affairs and former UK Deputy Prime Minister Nick Clegg.
Lower court judges have found there is evidence that the government overstepped its authority in its contacts with social media companies.
In an initial ruling in July 2023, a federal judge in Louisiana wrote: “If the allegations made by plaintiffs are true, the present case arguably involves the most massive attack against free speech in United States history.”
However, the Supreme Court justices appeared wary during Monday’s arguments. Mr. Aguinaga faced pointed questions from the three liberal members of the court along with several of the more conservative justices.
The justices questioned whether the Biden administration’s messages led directly to the social media companies taking action and limiting speech and whether the plaintiffs – who are still active on social media – could show that their free speech rights were violated.
Justice Jackson posed a hypothetical situation about whether the government would be prohibited from contacting technology companies about a potentially deadly challenge going viral on social media among teenagers.
“I think [the government] absolutely can call and say ‘this is a problem,'” Mr Aguinaga said, but he added that officials would cross the line if they then put pressure on companies to take down the posts.
Brian Fletcher, defending the Biden administration, argued that if the Supreme Court sides with the two states and other plaintiffs, it would hamper efforts to stem misinformation and promote public health, even in emergencies.
“The government is entitled to speak for itself,” Mr Fletcher said.
The Supreme Court decision is expected in June.
