Supreme Court Justice Kentanji Brown Jackson voiced concerns during oral arguments Monday in a case involving social media censorship that taking too broad a view of the First Amendment could mean "hamstringing the government."
The Republican attorneys general of Louisiana and Missouri filed suit in May 2022 against President Joe Biden and various administration officials and agencies alleging they were using the federal government's power to suppress free speech on social media platforms during the 2020 election and the COVID-19 pandemic.
In July 2023, U.S. District Court Judge Terry Doughty issued a preliminary injunction in the Murthy v. Missouri case barring administration officials from contacting social media companies in order to have content removed.
In September, the U.S. 5th Circuit Court of Appeals upheld the district court's ruling in large measure, specifically as it relates to the Biden White House, the surgeon general, the Centers for Disease Control and Prevention and the FBI, NPR reported.
In oral arguments Monday, Jackson, in a back-and-forth with Louisiana Solicitor General Benjamin Aguiñaga, said, "There may be circumstances in which the government could prohibit certain speech on the internet or otherwise."
"Do you disagree that we would have to apply strict scrutiny and determine whether or not there is a compelling interest in how the government has tailored its regulation?" the justice asked.
