The Supreme Court seemed likely Monday to side with the Biden administration in a dispute with Republican-led states over how far the federal government can go
by MARK SHERMAN | Associated PressApp logos for Facebook, left, and X, formerly known as Twitter, are seen on a mobile phone in Los Angeles, Saturday, March 16, 2024. The Supreme Court is taking up a dispute Monday, March 18, between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics like COVID-19 and election security. The case involves posts on Facebook, X and other media platforms.
Several justices said they were concerned that common interactions between government officials and the platforms could be affected by a ruling for the states. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on social media platforms.
“I was with you right until that last comment, Your Honor,” Aguiñaga said. “I think they absolutely can call and say this is a problem, it’s going rampant on your platforms, but the moment that the government tries to use its ability as the government and its stature as the government to pressure them to take it down, that is when you’re interfering with the third party’s speech rights.”
Justice Elena Kagan and Kavanaugh, two justices who served in the White House earlier in their careers, seemed to agree, likening the exchanges between officials and the platforms to relationships between the government and more traditional media.
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