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US Supreme Court Allows Government to Request Removal of Misinformation on Social Media | US Supreme Court

US Supreme Court Allows Government to Request Removal of Misinformation on Social Media |  US Supreme Court

 


The United States Supreme Court overturned a lower court ruling in Murthy v. Missouri, in a decision that did not find that government communications with social media platforms about misinformation about Covid-19 violated the First Amendment. The court's ruling allows the government to ask tech companies to remove falsehoods, a major concern as misinformation spreads around this year's presidential election.

Conservative bloc

Alito Minority

Barrett Majority

Gorsuch Minority

Kavanaugh majority

Roberts Majority

Thomas Minority

Liberal bloc

Jackson Majority

Kagan majority

Sotomary Majority

The court ruled 6-3 that the plaintiffs lacked standing to bring suit against the Biden administration, with conservative Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting. Although many of the arguments in the case focused on how governments and platforms interact with free speech online, the decision focused more on procedural issues and the lack of legal basis for take action.

Plaintiffs, without any concrete connection between their injuries and defendants' conduct, ask us to conduct a review of years-long communications between dozens of federal officials, at different agencies, with different social media platforms, on different subjects, conservative justice. Amy Coney Barrett wrote. This permanent doctrine of the courts prevents us from exercising[ing such] general legal control of other branches of government.

The move is a victory for the Biden administration and a blow to a long-running Republican-backed attempt to equate content moderation with censorship. Plaintiffs in the lawsuit, which included the founder of a far-right conspiracy website, argued that the government and federal agencies were coercing tech companies into silencing conservatives by demanding they remove false information on the pandemic.

A first ruling from a Louisiana Republican judge accused federal agencies of playing the role of an Orwellian Ministry of Truth. The U.S. Court of Appeals for the Fifth Circuit partially upheld the ruling, ruling that the Biden administration was responsible for the platforms' removal of content, and issued a blanket injunction barring communications between the government and technology companies.

The Supreme Court, in a decision written by Barrett, ruled that the Fifth Circuit was wrong in its findings. The court found that the plaintiffs failed to demonstrate that they faced a substantial risk of harm from the government.

Alito wrote the dissent, alleging that for months, top government officials put relentless pressure on Facebook to suppress Americans' free speech. Alito argued that the court's decision sets an attractive model for future officials who want to control what people say, hear and think.

During oral arguments, the government argued that calling on social media platforms to take tougher action against misinformation does not constitute a threat and never carries legal consequences. Public health experts and state officials have warned that blocking the government from reporting medical misinformation or election lies could cause serious harm to society.

Benjamin Aguiaga, Louisiana’s solicitor general, spoke on behalf of the plaintiffs at oral arguments in March. He faced sharp criticism from several justices for what they described as factual inaccuracies and misrepresentations in the plaintiffs’ case, with Justice Sonia Sotomayor telling him: “I have such a problem with your brief, counsel.”

Barrett's decision concluded that the lower court's decision glossed over the complexity of the evidence and also erred in treating the defendants, plaintiffs, and platforms as a unified whole.

Sources

1/ https://Google.com/

2/ https://www.theguardian.com/us-news/ng-interactive/2024/jun/26/supreme-court-decision-social-media-misinformation

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