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Supreme Court to hear case on how the government talks to social media companies
Murthy v. Missouri could change how platforms deal with covid misinfo, election threats, and more.
The case at issue got started when Republican state attorneys general from Missouri and Louisiana decided to sue the Biden administration in May 2022, arguing that various government arms — including the CDC and the Cybersecurity and Infrastructure Security Agency (CISA) — violated the First Amendment while communicating with social media companies. Gautam Hans, associate director of the First Amendment Clinic at Cornell Law School, anticipates Murthy v. Missouri being a difficult case for the court to parse through, since the states identify a vast range of different actions by different parts of the government with which they take issue. Unlike Bantam Books, Hans said, where “it’s pretty clear what happened, and it was also one specific instance of government interference, here we have a whole plethora of actions that are not necessarily created equal.” He added that the Supreme Court might not be the right place to sort out some of these tricky and fact-specific questions.
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