Article Summary –
The US Supreme Court has overturned a lower court ruling in the Murthy v Missouri case, ruling that the government did not violate the First Amendment through its communications with social media platforms regarding Covid-19 misinformation. The 6-3 decision allows the government to request tech companies to remove false information, potentially impacting the spread of misinformation during the presidential election. The court ruled that the plaintiffs lacked standing, with the decision focusing more on procedural issues and a lack of legal grounds rather than the interactions between governments and platforms regarding online free speech.
US Supreme Court Dismisses Social Media Misinformation Case
The US supreme court has overturned a ruling in the case of Murthy v Missouri, resolving the government’s communications with social media platforms about Covid-19 misinformation did not violate the first amendment. This decision allows the government to request tech companies to remove inaccuracies, critical in the face of misinformation surrounding the presidential election.
Conservative bloc
- Alito – Minority
- Barrett – Majority
- Gorsuch – Minority
- Kavanaugh – Majority
- Roberts – Majority
- Thomas – Minority
Liberal bloc
- Jackson – Majority
- Kagan – Majority
- Sotomayor – Majority
The court ruled 6-3, dismissing the case against the Biden administration, with dissenting views from conservative justices Alito, Thomas, and Gorsuch. The decision hinged on procedural issues and a lack of legal standing, rather than the interplay between governments, platforms, and online free speech.
Justice Amy Coney Barrett wrote the majority opinion, arguing no concrete link existed between the plaintiff’s alleged injuries and the defendant’s actions, thereby preventing the court from general legal oversight of the other government branches.
This ruling benefits the Biden administration and deflates the Republican-backed attempt to equate content moderation with censorship. The plaintiffs, which included the founder of a far-right conspiracy website, contended that the government coerced tech companies into silencing conservatives by demanding the removal of pandemic misinformation.
The initial lower court ruling accused federal agencies of acting like an Orwellian ‘Ministry of Truth’, with the US court of appeals partly affirming that decision and issuing an injunction preventing communication between the government and tech companies.
The supreme court, in an opinion penned by Barrett, ruled the fifth circuit court was wrong, stating the plaintiffs could not establish a substantial risk of harm from the government.
Alito, in his dissenting opinion, claimed that government officials pressured Facebook to suppress free speech. He argued the ruling sets a precedent for officials seeking to control public discourse.
During the proceedings, the government argued that advocating for stricter measures against misinformation did not constitute threats and carried no legal consequences. Health experts and officials warned that blocking the government from flagging medical misinformation or election falsehoods could cause societal harm.
Briefing on the plaintiffs’ behalf, Benjamin Aguiñaga, faced criticism from several justices for factual inaccuracies and misrepresentations in their case. In the ruling, Barrett stated that the lower court ignored complexities in the evidence and wrongly treated the defendants, plaintiffs, and platforms as unified entities.
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