The Supreme Court has blocked a lower court ruling that would have limited the Biden administration’s ability to communicate with social media companies regarding controversial content, particularly related to Covid-19. The Court’s decision suspends a judge’s ruling from July that prohibited specific agencies and officials from discussing whether certain content should be restricted. Additionally, the Supreme Court has agreed to hear the government’s appeal and will issue a ruling on the matter within its current term. Three conservative justices dissented, expressing concerns that the decision might be perceived as allowing the government to use heavy-handed tactics to control the dissemination of news.
The lawsuit, filed by Republican attorneys general and social media users, argued that the government coerced social media companies to address posts, particularly those related to Covid-19, violating free speech protections under the First Amendment. The district court ruling, issued by a judge appointed by former President Donald Trump, prevented officials from communicating with social media companies to influence the removal or suppression of protected speech. The appeals court later narrowed the injunction but still restricted the White House, the FBI, and top health officials from significantly encouraging social media companies to remove content deemed as misinformation by the Biden administration.
The Biden administration sought to halt the district court ruling by appealing to the Supreme Court. The Solicitor General argued that the ruling imposed unprecedented limits on presidential aides, the FBI, and the CDC’s ability to address matters of public concern, national security threats, and public health information respectively. The government claimed that the injunction covered a vast number of federal officers and employees and applied to all social media platforms regarding content moderation on various topics. The states and plaintiffs countered that government officials had violated the First Amendment by pressuring companies to censor disfavored viewpoints.
