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United States

Supreme Court Rebuffs Challenge To Biden's Social Media Outreach (reuters.com) 161

The U.S. Supreme Court on Wednesday rejected to impose limits on the way President Joe Biden's administration may communicate with social media platforms, overturning a lower court decision in a case brought by Missouri, Louisiana, and five individuals. In a 6-3 ruling, the court found plaintiffs lacked legal standing to sue, unable to show a "concrete link" between officials' conduct and harm suffered.

The case centered on whether the administration coerced platforms to censor disfavored speech when alerting them to content violating their policies, particularly regarding elections and COVID-19. The administration argued it sought to mitigate online misinformation hazards. Plaintiffs claimed platforms suppressed conservative-leaning speech under government pressure. The Justice Department contended that government officials have long used their platform to express views on public matters.
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Supreme Court Rebuffs Challenge To Biden's Social Media Outreach

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  • 6-3 ruling (Score:2, Informative)

    with the usual idiots, Conservative Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting from the decision, (taken from the article)

    • Re: (Score:2, Flamebait)

      yep. 100%. don't worry about being labeled flamebait (I have no mod points or I'd mod you informative) I frequently get modded as flamebait by conservatives.
    • Re: (Score:2, Insightful)

      by Eunomion ( 8640039 )
      I think we can dispense with calling ultra-right-wing radical militants "conservatives." Frankly, by any sane definition, Joe Biden is conservative. Alito et al are fucking jihadists.
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      with the usual idiots, Conservative Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting from the decision, (taken from the article)

      And the usual idiots on Slashdot look no further than "The newsbox told me to hate anything that the other team says or does, so I'm going to cheer the supreme court finding 'no concrete link' between government and the very obvious censorship of someone I don't like...so it's a huge win until the team I don't like uses the exact same thing against me for the next 4 years!"

  • No standing? (Score:2, Interesting)

    by dbialac ( 320955 )
    I don't see how each state would not have standing, since these activities by the federal government can impact the outcome of a state election.
    • by unrtst ( 777550 )

      RTFA then. You may still disagree with their decision, but the justifications are in there.

    • Re: (Score:2, Interesting)

      by penguinoid ( 724646 )

      The plaintiffs could not show a "concrete link" between the conduct by the officials and any harm that the plaintiffs suffered, Barrett wrote. They "emphasize that hearing unfettered speech on social media is critical to their work," Barrett wrote. "But they do not point to any specific instance of content moderation that caused them identifiable harm."

      At issue was whether the administration crossed the line from mere communication and persuasion to strong arming or coercing platforms - sometimes called "jawboning" - to unlawfully censor disfavored speech, as lower courts found.

      Keep in mind their claim is that Biden must be gagged, so they need to show Biden's speech is not protected by the 1st Amendment.

      • Re:No standing? (Score:5, Insightful)

        by ravenshrike ( 808508 ) on Wednesday June 26, 2024 @10:34AM (#64579733)

        This case had jack all to do with Biden. This case was officials going around suggesting that social media companies should remove certain types of content and 'look into' accounts.

        • Re: (Score:2, Insightful)

          Do you honestly think this case would have been filed if Trump was behind it? I mean Trump called Ted Cruz’s wife ugly and Cruz still rides his dick.

          • I mean, if you're suggesting Biden was in control of the government while Trump was still president, go right ahead. At no point did I suggest Trump was behind anything, just that Biden had fuck all to do with it.

        • This case had jack all to do with Biden.

          Normally, this type of claim is true; however, in this case it is not. It is the bureaucracy that is trying to use censorship (ostensibly for good, lol) and Biden is indeed the final authority within the bureaucracy. He could have put a stop to it simply and easily.

    • I don't see how each state would not have standing, since these activities by the federal government can impact the outcome of a state election.

      If the bar is (from the summary) "show a "concrete link" between officials' conduct and harm suffered." it seems obvious to me that your "can impact" doesn't reach that bar?

    • Court literally asked the States to provide a single example of concrete harm. The States kept replying with "well, maybe, one day, this might hurt..."

      Yes, in theory, one day in the future this could be used to harm State elections. When that actually happens, then there you go, you've got six justices that will clearly smack that shit down. But until it actually happens, Conservative Justices do NOT operate on "what ifs". The letter of the law is the letter of the law. That's what they reliably do. (i

  • by iAmWaySmarterThanYou ( 10095012 ) on Wednesday June 26, 2024 @09:56AM (#64579609)

    From the article,

    "The plaintiffs could not show a "concrete link" between the conduct by the officials and any harm that the plaintiffs suffered, Barrett wrote. They "emphasize that hearing unfettered speech on social media is critical to their work," Barrett wrote. "But they do not point to any specific instance of content moderation that caused them identifiable harm.""

    The ruling was based on being unable to prove a link between what the administration did and their getting banned. This is not the same as saying what the administration did was ok, only that they can't show harm from the administration's actions.

    I know the posts on this will scream about 1A rights in both directions but that's not what the ruling was about. It was ruled based on lack of standing. They didn't not say anything about anyone's 1A rights.

    • by HBI ( 10338492 ) on Wednesday June 26, 2024 @10:14AM (#64579669)

      This is what they do when they don't want to make a decision. Reject it procedurally. I actually don't blame them for not wanting to make a decision, it's hard to figure out precisely how to cut this baby in half.

      • Yes they made the cowardly exit. This problem is not going away.

        But seriously, they were willing to overturn roe v wade but can't rule on this one? That's really weak. They really should have provided proper legal guidance on what is and is not ok. This is a very disappointing ruling.

        • Re: (Score:3, Insightful)

          by HBI ( 10338492 )

          The Roe v. Wade decision was a bad one and judicial overreach, as was admitted by honest people even if they wanted abortion law to be consistent across the country. The decision to throw it back to the states was the correct one, i'm essentially saying that they did the same thing there too - difference was they got rid of a crap ruling and replaced it with a procedural one that more or less the court shouldn't be involved.

          They have often said things like "give us the right case" where you can convince a

          • by smooth wombat ( 796938 ) on Wednesday June 26, 2024 @10:36AM (#64579739) Journal
            The Roe v. Wade decision was a bad one and judicial overreach, as was admitted by honest people even if they wanted abortion law to be consistent across the country. The decision to throw it back to the states was the correct one,

            It wasn't judicial overreach to say people have the right to privacy as per the 9th Amendment or that people have the inherent right to bodily autonomy. As we've seen, certain states have stated you do not have either of those rights which is completely opposite of the Founding Father's original intent.

            If you don't believe privacy was one of the foremost issues in the minds of the founders, you clearly don't understand why the Constitution is they way it is.
            • It wasn't judicial overreach to say people have the right to privacy as per the 9th Amendment or that people have the inherent right to bodily autonomy.

              It totally was. There's no mention of privacy in the Constitution and case law regarding a "right to privacy" didn't even exist before 1965's Griswold vs Comstock, which was the case that literally invented the right to privacy. So that's at least 200 years of judicial precedent of such a right not existing before they simply decided it did in 1965.

            • or that people have the inherent right to bodily autonomy.

              The real problem is that it's not just one person, it's also a baby. If it were just the woman, then only a few nutcases would oppose abortion, and it would be a non-issue. But it's two people.

          • by RossCWilliams ( 5513152 ) on Wednesday June 26, 2024 @11:15AM (#64579817)
            They didn't "throw it back to the states". They decided the government, city, county, state or federal, has the power to force a woman to carry a pregnancy to term and to punish anyone who assists them in ending it.
      • by quantaman ( 517394 ) on Wednesday June 26, 2024 @12:43PM (#64580075)

        This is what they do when they don't want to make a decision. Reject it procedurally. I actually don't blame them for not wanting to make a decision, it's hard to figure out precisely how to cut this baby in half.

        This is what they do when there's no point to the case.

        Social media companies were moderating them, the government made some suggestions to the social media companies about what kind of info was particularly harmful, and social media companies kept moderating them in ways that didn't really seem to have be related to the governments suggestions, and then the government stopped making suggestions.

        What's victory look like? Government can't talk to the social media companies (which they largely stopped doing anyway)... and they get moderated exactly as before because the government didn't have anything to do with it in the first place.

        The plaintiffs real beef is with the social media companies, but they can't sue the social media companies because the social media companies are perfectly entitled to moderate their platforms and they plaintiffs are just in it for the politics instead.

        So instead they're suing the government for something the government isn't responsible for, hence the suit gets tossed and the Trump appointed Justice tells the 5th circuit to smarten up.

        • by Rujiel ( 1632063 )

          "they get moderated exactly as before because the government didn't have anything to do with it in the first place."

          The twitter files showed that the FBI did have a heavy hand, paying twitter for users' info, and that the white house was requesting individual tweets be deleted. Even some DMs were deleted per govt request. Twitter had the former general counsel of the FBI working as their general counsel

    • by unrtst ( 777550 )

      From the article:

      The justices, in a 6-3 ruling, overturned a lower court's 2023 decision that various federal officials likely violated the U.S. Constitution's First Amendment ...

      So they overturned what another court said about peoples 1A rights, without directly addressing those via 1A, based on standing. People could certainly still yell about 1A rights since that much is kinda left unresolved (IE: is there a federal agency that could effectively jawbone a social media platform into removing one or more user comments, even if there was a direct link between such action and plaintive harm, without violating the first amendment?). There are examples of 1A exceptions

      • It was a cowardly and disappointing ruling.

        The problem is not going away. We are just going to have several more years of back n forth over what the 1A means and what is protected or not and by whom until another case gets to them which they will hopefully actually take and rule on in one direction or the other.

        To me, in many ways this non ruling is worse than if they ruled in a way that didn't fit my personal beliefs on the topic. They failed to do their job.

        • It was a cowardly and disappointing ruling.

          The problem is not going away. We are just going to have several more years of back n forth over what the 1A means and what is protected or not and by whom until another case gets to them which they will hopefully actually take and rule on in one direction or the other.

          To me, in many ways this non ruling is worse than if they ruled in a way that didn't fit my personal beliefs on the topic. They failed to do their job.

          https://en.wikipedia.org/wiki/... [wikipedia.org]

        • To me, in many ways this non ruling is worse than if they ruled in a way that didn't fit my personal beliefs on the topic. They failed to do their job.

          Their job is to reject the case if the plaintiff lacks standing.

        • Here, Here! At least they left the door open to bring the case back, once the proponents have actually done their work properly. I am disappointed because some courts seem to think that allowing one presidential candidate to say or do as he/she pleases, while apparently disallowing the other presidential candidate to do the exact same thing, but resolving this discussion properly would have gone a long way into setting actionable boundaries for everyone to adhere to. At least that's how it looks to me. Cowa
        • It was a cowardly and disappointing ruling.

          Because cowards follow rule of law!

      • So they overturned . . . based on standing.

        Yes. As they should. (Also, ftfy, you're welcome.)

        • by unrtst ( 777550 )

          So they overturned . . . based on standing.

          Yes. As they should.

          FYI, I didn't say they shouldn't. The point I made was that the overturned decision was based on 1A and, because they didn't touch that part of the argument, that issue was left unresolved. IE: had they standing, would the 1A based ruling have stood?

          (Also, ftfy ...)

          Gee, thanks for nothing.

    • So the states will re-file an amended lawsuit with a stronger emphasis on harm?

      Even if an administration is doing its level best with the information available, there are still tradeoffs which entail harm to some parties.

      In the case of Covid, throwing seniors to the wolves would have saved everybody else a lot of expense and inconvenience. Shifting schools to remote learning having maybe the worst cost / benefit ratio.

    • by Mordain ( 204988 )

      The government does not have 1st amendment rights, btw. I feel that this is the usual 'case wasn't good enough' sidestepping that the court often does.

      • I agree it doesn't have 1A rights but I wish they'd said that or just said, we're wrong and it does. Maybe this case did suck and wasn't solid enough to make a real ruling. Still leaves a bad taste. Now everyone is going to run around saying the USSC said the USG has 1A rights after reading a headline even though that's not at all what they said.

  • by ISayWeOnlyToBePolite ( 721679 ) on Wednesday June 26, 2024 @10:03AM (#64579633)

    Ruling: https://www.supremecourt.gov/o... [supremecourt.gov]

    Previous slashdot stories:
    Judge Blocks US Officials From Tech Contacts in First Amendment Case https://news.slashdot.org/stor... [slashdot.org]
    Judge Rules White House Pressured Social Networks To 'Suppress Free Speech' https://politics.slashdot.org/... [slashdot.org]
    Supreme Court Blocks Restrictions On Biden Administration Efforts To Get Platforms To Remove Social Media Posts https://yro.slashdot.org/story... [slashdot.org]
    US Supreme Court Seems Wary of Curbing US Government Contacts With Social Media Platforms https://news.slashdot.org/stor... [slashdot.org]

  • This is NOT what most of you seem to think it is. This was the opinion in MURTHY, SURGEON GENERAL, ET AL. v. MISSOURI ET AL. which is just about the request for an injunction to stop the government from doing this stuff while the actual legal case is going on. In effect, the Biden administration can keep pushing Facebook and Twitter/X etc to not publish stuff it does not like and these companies can bow to that pressure [or not] as they like while the actual underlying case plods along in the lower courts.

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