Supreme Court Rules Feds’ ‘Misinformation’ Talks With Social Media Platforms Did Not Violate First Amendment

The 6-3 decision deems constitutional the communication between tech giants and the White House around COVID and the 2020 election

The U.S. Supreme Court is shown at dusk on June 28, 2023 in Washington, DC.
The U.S. Supreme Court (Credit: Getty Images)

The Supreme Court ruled Wednesday that the Biden administration and federal agencies did not violate the First Amendment when pressuring social media companies to remove what they perceived to be misinformation during the COVID pandemic and 2020 election.

The Court struck down a lawsuit, in a 6-3 vote, against the White House over its efforts to curtail Covid-19 misinformation, which the administration alleges was spread across social media platforms. 

“To establish standing, the plaintiffs must demonstrate a substantial risk that, in the near future, they will suffer an injury that is traceable to a Government defendant and redressable by the injunction they seek. 

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