Supreme Court Rejects Challenge to Biden Administration’s Contacts With Social Media Companies

The case, one of several this term on how the First Amendment applies to technology platforms, was dismissed on the ground that the plaintiffs lacked standing to sue.

The Supreme Court handed the Biden administration a major practical victory on Wednesday, rejecting a Republican challenge that sought to prevent the government from contacting social media platforms to combat what it said was misinformation.

The court ruled that the states and users who had challenged those interactions had not suffered the sort of direct injury that gave them standing to sue.

The decision, by a 6-to-3 vote, left for another day fundamental questions about what limits the First Amendment imposes on the government’s power to influence the technology companies that are the main gatekeepers of information in the internet era.

The case arose from a barrage of communications from administration officials urging platforms to take down posts on topics like the coronavirus vaccine and claims of election fraud. The attorneys general of Missouri and Louisiana, both Republicans, sued, along with three doctors, the owner of a right-wing website that frequently traffics in conspiracy theories and an activist concerned that Facebook had suppressed her posts on the supposed side effects of the coronavirus vaccine.

“The plaintiffs, without any concrete link between their injuries and the defendants’ conduct, ask us to conduct a review of the yearslong communications between dozens of federal officials, across different agencies, with different social media platforms, about different topics,” Justice Amy Coney Barrett wrote for the majority. “This court’s standing doctrine prevents us from exercising such general legal oversight of the other branches of government.”

Justice Samuel A. Alito Jr., joined by Justices Clarence Thomas and Neil M. Gorsuch, dissented.

“For months,” Justice Alito wrote, “high-ranking government officials placed unrelenting pressure on Facebook to suppress Americans’ free speech. Because the court unjustifiably refuses to address this serious threat to the First Amendment, I respectfully dissent.”

The White House welcomed the ruling. “The Supreme Court’s decision is the right one, and it helps ensure the Biden administration can continue our important work with technology companies to protect the safety and security of the American people,” Karine Jean-Pierre, the White House press secretary, said in a statement.

Andrew Bailey, Missouri’s attorney general, said he would continue to try “to build the wall of separation between tech and state.”

“The record is clear: The deep state pressured and coerced social media companies to take down truthful speech simply because it was conservative,” he said in a statement. “Today’s ruling does not dispute that.”

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