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Supreme Court weighs whether government communications to social platforms can amount to coercion

Supreme Court of the United States · March 18, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At oral argument in Murthy v. Missouri, the court debated whether routine executive‑branch contacts with Facebook, Twitter and other platforms cross the First Amendment line into coercion or state action and whether plaintiffs have standing to challenge a broad injunction.

The Supreme Court heard argument in Murthy v. Missouri over whether executive‑branch communications with social‑media companies can constitutionally coerce those platforms into suppressing third‑party speech.

Mister Fletcher, arguing for the government, told the justices the case turns on the difference between persuasion and coercion: "The government may not use coercive threats to suppress speech, but it is entitled to speak for itself by informing, persuading, or criticizing private speakers." He urged the court to reverse the lower courts, saying the Fifth Circuit expanded state‑action doctrine and misread persuasion as coercion.

Respondent counsel described a voluminous record of behind‑the‑scenes pressure. "Government censorship has no place in our democracy," he…

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