The Supreme Court handed a victory to the Biden administration on Wednesday in a case involving alleged coordination with social media companies. The lawsuit, Murthy v. Missouri, brought by state attorneys general from Missouri and Louisiana, accused government officials of working with social media giants under the pretext of combating misinformation, leading to censorship on topics such as Hunter Biden's laptop, COVID-19 origins, and face mask efficacy.
Justice Amy Coney Barrett, writing for the majority in the 6-3 decision, stated that the plaintiffs lacked standing to challenge the alleged coordination. She emphasized that the Court's standing doctrine prevented them from overseeing the communications between federal officials and social media platforms.
In a dissenting opinion, Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, argued that the plaintiffs had standing based on direct censorship of speech and the right to listen to others facing censorship. However, Barrett countered that the plaintiffs did not seek to enjoin social media platforms from restricting content but aimed to prevent government agencies from pressuring platforms to suppress speech in the future.
The case raised concerns about potential violations of the First Amendment, with a temporary injunction last year preventing government officials from engaging with tech companies on content moderation. The Justice Department warned of irreparable harm if the ban continued, hindering efforts to protect Americans and democratic processes.
Barrett's ruling reversed the Fifth Circuit's decision and remanded the case for further proceedings. Alito criticized the Court for not addressing the threat to free speech posed by government coercion of social media platforms, calling it a significant free speech issue.
While the Court's decision focused on standing, Alito warned that the subtle coercion by government officials could set a dangerous precedent for controlling speech. He urged the Court to address the issue to prevent future abuses of power.