WASHINGTON, June 26 (Reuters) - The U.S. Supreme Court
declined on Wednesday to impose limits on the way President Joe
Biden's administration may communicate with social media
platforms, rejecting a challenge made on free speech grounds to
how officials encouraged the removal of posts deemed
misinformation, including about elections and COVID.
The justices, in a 6-3 ruling, overturned a lower court's
2023 decision that various federal officials likely violated the
U.S. Constitution's First Amendment, which protects against
governmental abridgment of free speech, in a case brought by the
states of Missouri and Louisiana and five individuals.
The New Orleans-based 5th U.S. Circuit Court of Appeals had
issued an injunction constraining such contacts by the
administration.
The justices ruled that the plaintiffs did not have the
required legal standing to sue the administration in federal
court.
The two Republican-led states and the individual social
media users in 2022 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.
The plaintiffs argued that the administration had violated
the rights of social media users whose posts were removed by
platforms including Facebook, YouTube, and
Twitter, now called X.
At issue was 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 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 their own policies.
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.
Echoing concerns raised by Republicans and various voices on
the right, the plaintiffs argued that platforms, with their
content-moderation practices, suppressed conservative-leaning
speech. This is, the plaintiffs said, government coercion - a
form of state action barred by the First Amendment.
The Justice Department argued 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 said an
injunction limiting the administration's actions could chill
vital government communications, including to protect national
security.
The Supreme Court in October had put on hold an injunction
issued by the New Orleans-based 5th U.S. Circuit Court of
Appeals constraining the administration's contacts pending the
review by the justices of the case. The injunction barred an
array of government officials from communicating with platforms
regarding content moderation, such as urging the deletion of
certain posts.
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 5th Circuit subsequently narrowed that order.
The Supreme Court heard arguments in the case in March.
This was its latest ruling concerning free speech rights in
the digital age.
In another case involving the government and social media,
the justices in March decided that public officials can
sometimes be sued under the First Amendment for blocking critics
on social media. They set a new standard for determining if
public officials acted in a governmental capacity when blocking
critics on social media - a test to be applied in lawsuits
accusing them of violating the First Amendment.
The justices also are expected in the coming days to
rule on the legality of Republican-backed laws in Florida and
Texas intended to restrain social media companies from curbing
content that their platforms deem objectionable.