WASHINGTON, March 18 (Reuters) - The U.S. Supreme Court
on Monday marches back into the battle over social media content
moderation in a challenge on free speech grounds to how
President Joe Biden's administration encouraged platforms to
remove posts that federal officials deemed misinformation,
including about elections and COVID-19.
The justices are set to hear arguments in the
administration's appeal of a lower court's preliminary
injunction constraining how White House and certain other
federal officials communicate with social media platforms.
The Republican-led states of Missouri and Louisiana, along
with five individual social media users, sued the
administration. They argued that the government's actions
violated the U.S. Constitution's First Amendment free speech
rights of users whose posts were removed from platforms such as
Facebook, YouTube, and Twitter, now called X.
The case tests whether the administration crossed the line
from mere communication and persuasion to strong arming or
coercing platforms - sometimes called "jawboning" - to
unlawfully censor disfavored speech, as lower courts found.
Biden's administration has argued that officials sought to
mitigate the hazards of online misinformation, including false
information about vaccines during the pandemic that they said
was causing preventable deaths, by alerting social media
companies to content that violated the platforms' own policies.
The justices in February heard arguments in another social
media case over whether to uphold laws passed in Texas and
Florida that would restrict the content moderation practices of
platforms.
The Republican backers of those laws have voiced concern
over what they portray as bias against conservative voices on
these platforms. Many researchers, as well as liberals and
Democrats, have warned of the dangers of social media platforms
amplifying misinformation and disinformation about public
health, vaccines and election fraud.
In the case being argued on Monday, the plaintiffs have
argued that platforms suppressed conservative-leaning speech,
which they attribute to government coercion, a form of state
action barred by the First Amendment.
The Supreme Court in October put the lower court's
injunction on hold pending the review of the case by the
justices.
The Justice Department said that government officials,
including presidents, long have used the bully pulpit to express
views and to inform on matters of public concern.
It also said that private entities that make decisions on
that information are not state actors as long as they are not
threatened with adverse consequences. The department also said
that an injunction limiting the administration's actions could
chill vital government communications, including to protect
national security.
The plaintiffs sued officials and agencies across the
federal government, including in the White House, FBI, surgeon
general's office, Centers for Disease Control and Prevention and
the Cybersecurity and Infrastructure Security Agency.
Louisiana-based U.S. District Judge Terry Doughty issued a
preliminary injunction in July 2023. Doughty concluded that the
plaintiffs were likely to succeed on their claim that the
government helped suppress "disfavored conservative speech" on
mask-wearing, lockdowns and vaccines intended as public health
measures during the pandemic, or that questioned the validity of
the 2020 election in which Biden, a Democrat, defeated Donald
Trump, a Republican.
The injunction barred an array of government officials from
communicating with platforms regarding content moderation, such
as urging the deletion of certain posts.
The New Orleans-based 5th U.S. Circuit Court of Appeals
subsequently narrowed that order.
The Supreme Court's ruling is expected by the end of June.