Supreme Court has an opportunity to strike down Biden's censorship regime

By 
 March 4, 2024

The Supreme Court could soon strike down the Biden administration's far-reaching censorship regime in a landmark dispute on social media "misinformation."

The case Murthy v. Missouri centers on the federal government's clandestine efforts to limit speech on controversial subjects like election integrity and vaccine safety.

The case was brought by Missouri, Louisiana, and individual plaintiffs who say they were censored. The court will hear oral arguments on March 18.

Biden's censorship in jeopardy

In October, the Supreme Court agreed to take the case but lifted a lower court ban on contacts between the administration and social media companies in the meantime.

Three conservative justices opposed that move, with Samuel Alito calling the court's action "highly disturbing."

"What the court has done, I fear, will be seen by some as giving the government a green light to use heavy-handed tactics to skew the presentation of views on the medium that increasingly dominates the dissemination of news," he wrote.

The court now has an opportunity to clarify that government censorship is illegal, even when it's disguised as "private" action.

The government insists it was merely making suggestions to private entities. But the evidence in the case shows that top Biden officials sent coercive messages to social media contacts, who often readily complied with requests to take information down.

In one e-mail warning Google to take down anti-vaccine content, former White House director of digital strategy, Rob Flaherty, noted, "this is a concern that is shared at the highest (and I mean highest) levels of the WH."

"Orwellian"

In a decision on July 4th, Louisiana judge Terry Doughty ruled against the Biden administration and described the government's censorship as "Orwellian," and "arguably....the most massive attack against free speech" in the nation's history.

The Fifth Circuit Court of Appeals upheld Doughty's ruling, with some restrictions.

The court said the government engaged in a "coordinated campaign . . . orchestrated by federal officials that jeopardized a fundamental aspect of American life.”

The Supreme Court unanimously shut down the legal campaign to remove Donald Trump from the ballot on Monday, the latest in a series of rulings that have frustrated Democrats.

A ruling on free speech is likely to be more divided, but the court's originalist, conservative majority is sure to be skeptical of Biden's sweeping justification of censorship in the name of public safety.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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