GOP-led states lost their bid to block the Biden administration from contacting social media companies to remove misinformation, as the Supreme Court ruled Wednesday they do not have standing to challenge the government's work with social media platforms—delivering a blow to conservatives' long-standing complaints that platforms are purportedly biased against them.
Justices ruled 6-3 the states and individuals did not have standing to bring the case, as they could not show any personal harm to them that was caused by the government’s contacts and they “fail” to show how any past restrictions they faced were directly caused by the Biden administration’s contacts.
The states argued the Biden administration’s contacts with social media platforms unfairly punished conservatives and infringed on their freedom of speech, while the government argued its conduct “poses no First Amendment concern” as long as they’re trying to “inform and persuade” social media companies rather than “compel” them to change their content.
Justice Amy Coney Barrett, writing for the court’s majority, ruled the states could not challenge the Biden administration’s contacts based on whatever harms it may have caused their residents, and noted they couldn’t show the government has applied any continued pressure on social media platforms—pointing out that networks have continued to address COVID-19 misinformation even as the federal government has “wound down its own pandemic response measures.
Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, dissented from the ruling, calling the case “one of the most important free speech cases in years” and arguing the court’s majority opinion is “regrettable” because the government officials’ actions were “blatantly unconstitutional.
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