SCOTUS rejects suit alleging federal government bullied social media into censoring content

missouriindependent.com/2024/06/26/scotus-rejects-suit-alleging-federal-government-bullied-social-media-into-censoring-content/

The U.S. Supreme Court on Wednesday rejected arguments by Missouri and Louisiana that the federal government violated the First Amendment in its efforts to combat false, misleading and dangerous information online.

In a 6-3 decision written by Justice Amy Coney Barrett, the court held that neither the states nor seven individuals who were co-plaintiffs in the case were able to demonstrate any harm or substantial risk that they will suffer an injury in the future.

Therefore, they do not have legal standing to bring a case against the federal government.

Plaintiffs failed to prove that social media platforms acted due to government coercion, Barrett wrote, rather than their own judgment and policies. In fact, she wrote, social media platforms “began to suppress the plaintiffs’ COVID–19 content before the defendants’ challenged communications started.”

Plaintiffs cannot “manufacture standing,” Barrett wrote, “merely by inflicting harm on themselves based on their fears of hypothetical future harm that is not certainly impending.”

The ruling overturns a lower court decision that concluded officials under Presidents Joe Biden and Donald Trump unlawfully coerced social media companies to remove deceptive or inaccurate content out of fears it would fuel vaccine hesitancy or upend elections.

Missouri Attorney General Andrew Bailey, who inherited the lawsuit from his predecessor, has called the federal government’s actions “the biggest violation of the First Amendment in our nation’s history.”