Supreme Court Upholds Government’s Right to Pressure Social Media Platforms to Censor Misinformation, Amidst Calls for Enforcement of Constitutional Protections for Free Speech Online.

Supreme Court rules in favor of Biden administration in censorship case

The United States Supreme Court ruled on Wednesday (26) in favor of state agencies and Biden administration officials who pressured social media platforms to censor alleged misinformation regarding the 2020 American presidential elections and the Covid-19 pandemic. With a majority of six out of nine justices, the court found that the plaintiffs, which included the states of Louisiana and Missouri, and five individuals, failed to put the government in the dock, instead targeting the platforms.

The case had been successful in lower courts but was overturned by the Supreme Court. The high court found that the lower courts erred by simplifying the evidence and treating both plaintiffs and defendants as unified actors. The individual plaintiffs, which included doctors and health activists, were unable to link the restrictions they faced on social media to the defendants’ communications with the platforms.

For the Foundation for Individual Rights and Expression (FIRE), this ruling is considered a defeat for free expression. However, FIRE noted that while this decision avoided deciding whether government pressure on social media platforms violates the First Amendment of the Constitution, it acknowledges that courts have power to stop government attempts if proven. FIRE echoes Congress’ request for action in enforcing constitutional protections for free speech online.

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