In a landmark decision, the Supreme Court ruled on Wednesday that the US government can continue to alert social media companies about mis- and disinformation threats seen online, a move that could have far-reaching implications for the 2024 election. The case of Murthy v. Missouri was decided on a technicality rather than the substance of the issues, making it one of the most significant decisions of the court’s current term.
Following the ruling, agencies such as the FBI and the Department of Homeland Security will be able to keep notifying social media platforms about posts deemed as mis- and disinformation. The case was brought by Republican-led states, including Missouri and Louisiana, as well as five social media users who claimed that government contacts with social media companies amounted to an unconstitutional violation of free speech.
The court’s decision centered around the issue of standing, with Justice Amy Coney Barrett writing for a 6-3 majority that the plaintiffs did not prove a direct link between government pressure and their posts being censored by social media companies. Barrett emphasized that social media platforms make their own decisions regarding content moderation, regardless of government input.
Legal experts noted that the court’s ruling avoided a direct opinion on whether the government’s communications with social media companies violate the First Amendment, leaving the door open for future cases on the matter. The decision was seen as a balance between protecting platforms from government coercion while allowing them to consider the government’s perspectives on issues such as misinformation.
The Biden administration now has the option to restore communication with social media companies, which had been temporarily paused during the litigation. The White House welcomed the court’s decision, stating that it ensures the administration can work with technology companies to safeguard the public from misinformation and threats online.
Despite the narrow focus of the ruling, some experts viewed it as a significant victory for efforts to combat false claims ahead of the 2024 election. They emphasized the importance of government intervention in addressing issues like foreign interference, election integrity, national security, and the incitement of violence online.
