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    Home»Tech»Politics»Supreme Court Doubtful of Limiting White House Communication with Social Media
    Supreme Court Doubtful of Limiting White House Communication with Social Media
    Politics Social media TZB

    Supreme Court Doubtful of Limiting White House Communication with Social Media

    By TZBMarch 18, 20243 Mins Read
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    Supreme Court Justices Express⁢ Skepticism Over Limiting Government ⁣Communication‍ with Social Media Platforms

    On Monday, the ⁢Supreme Court heard oral arguments in⁤ a case challenging the Biden administration’s communications with social media⁤ companies regarding the removal of problematic content. The case, brought by the attorneys general of ​Louisiana and Missouri, alleges that ⁤the government’s⁢ actions coerced platforms to censor viewpoints they disagreed with, violating the First Amendment. The justices must now determine the line between​ persuasion and coercion.

    Hypothetical ⁣Scenarios Highlight Concerns

    During the proceedings, both liberal ⁤and conservative justices posed⁤ hypothetical scenarios to illustrate ⁣their concerns about the potential consequences of limiting the ⁣government’s ability to communicate with tech platforms:

    • Justice Ketanji​ Brown Jackson described a social media ‌challenge encouraging teens to ⁣jump out of windows, asking if the government ‍could declare a public emergency ⁢and encourage platforms to remove the instigating information.
    • Chief Justice John‌ Roberts followed ⁣up on Jackson’s hypothetical, questioning whether ​encouraging platforms to take down dangerous content rises to⁤ the level of coercion.
    • Justice Amy Coney ‍Barrett presented a scenario in ‍which Louisiana state government officials were doxxed and threatened on social media, asking ⁢if it would be appropriate for the FBI to encourage platforms to remove‌ the messages.

    Comparing Government-Platform Interactions to Press Relations

    Some justices drew comparisons between the government’s interactions with social⁤ media platforms and its dealings ⁢with the press. Justice Brett Kavanaugh noted that‌ government press people ⁤regularly engage with ​and sometimes berate the media. Justice Elena Kagan shared​ her own experiences encouraging the press to suppress speech, stating:

    Like Justice ⁤Kavanaugh, I’ve had some​ experience encouraging press to suppress ⁢their own⁣ speech. You just wrote a bad editorial —‌ here are ⁣the five reasons you shouldn’t write another one. You​ just wrote a story that’s filled with factual errors — here are the‍ 10 reasons why you shouldn’t do that again. I mean this happens ‍literally thousands of times a day in‍ the ‍federal government.

    Questioning Causal Links and Injunction Scope

    The justices also ⁤expressed doubts about the causal link between the government’s messages to tech platforms and‍ subsequent‍ moderation decisions. Justice Kagan pointed out that many things could happen in the two-month‍ period between‍ a government communication and a platform’s ⁣action. Additionally, Justice Neil Gorsuch criticized the “epidemic” of “universal injunction[s],” questioning the broad scope of the lower court’s remedy.

    Friendly Questioning from Conservative Justices

    The‌ states ⁣received more supportive questioning from conservative Justices Samuel Alito and Clarence Thomas. Thomas asked​ if the states could make their​ case⁣ even without proving coercion if they⁤ could show government⁤ coordination ‌with the platforms. Alito attempted to steer the discussion back⁣ to the states’ argument that coercion is a more flexible standard, taking⁣ into ​account the entire course of the government-platform relationship.

    According to The Associated Press, a decision in this case is expected by early summer. The outcome ⁣will have significant implications for the boundaries ⁤of⁤ government communication with social media companies and the⁢ interpretation of ‌the First Amendment in the digital age.

    First Amendment Government Communication Persuasion Social Media Supreme Court
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    View 4 Comments

    4 Comments

    1. DiscussDynamo on March 20, 2024 1:03 am

      The Supreme Court’s skepticism could really throw a wrench in the works for controlling tech giants, no

      Reply
    2. quartzite on March 25, 2024 5:30 pm

      So the Supreme Court’s playing hard to get with social media rules, huh

      Reply
    3. Evelyn White on March 26, 2024 1:02 pm

      Could this be the beginning of a tech titan free-for-all? Only time will tell.

      Reply
    4. Breezea on March 26, 2024 10:08 pm

      Is the Supreme Court hinting at a hands-off approach to big tech, or are we reading too much into it

      Reply
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