Supreme Court Wary of States’ Bid to Limit Federal Contact With Social Media Companies

A majority of the Supreme Court seemed wary on March 18 of a bid by two Republican-led states to limit the Biden Administration’s interactions with social media companies, with several justices questioning the states’ legal theories and factual assertions. Most of the justices appeared convinced that government officials should be able to try to persuade private companies, whether news organizations or tech platforms, not to publish information so long as the requests are not backed by coercive threats. The dispute was the latest in an extraordinary series of cases this term requiring the justices to assess the meaning of free speech in the internet era. The case arose from a barrage of communications from administration officials urging platforms to take down posts on topics like the coronavirus vaccines and claims of election fraud. In 2023, a federal appeals court severely limited such interactions. The Supreme Court put that injunction on hold last year while it considered the administration’s appeal. If it were to go into effect, said Brian Fletcher, a lawyer for the government, it would prohibit all sorts of speech, including public comments from the press secretary or other senior officials seeking to discourage posts harmful to children or conveying antisemitic or Islamophobic messages.