Supreme Court Greenlights Facebook’s Censorship of Conservative Voices

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In a contentious ruling, the Supreme Court has effectively greenlit Facebook’s ability to censor conservative voices online, dismissing a lawsuit from a group of individuals claiming they were unfairly targeted and coerced by government officials into being silenced. The majority opinion, authored by Justice Amy Coney Barrett, holds that the plaintiffs failed to meet the necessary legal standards to prove harm was caused by the government’s actions, allowing the social media giant to continue restricting content without legal consequences.

Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee, Tuesday, Oct. 13, 2020, on Capitol Hill in Washington. (Erin Schaff/The New York Times via AP, Pool)
Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee, Tuesday, Oct. 13, 2020, on Capitol Hill in Washington. (Erin Schaff/The New York Times via AP, Pool)

According to Barrett, the court majority found that the plaintiffs lacked a direct link between their alleged injuries and the conduct of the government officials, and that even if there was a connection, it was too vague to warrant legal intervention. This stance was vigorously rebuked by a trio of dissenting justices, led by conservative Justice Samuel Alito.

Alito’s dissenting opinion blasted the court’s decision, arguing that it sanctioned a blatant violation of the First Amendment and set a dangerous precedent for future government interference in private speech. “A fair portion of what social media users had to say about COVID-19 and the pandemic was of little lasting value,” he acknowledged, “but valuable speech was also suppressed. That is what inevitably happens when entry to the marketplace of ideas is restricted.”

Criticizing the court’s lack of accountability, Alito asserted that high-ranking government officials orchestrated a systematic campaign of coercion, using Facebook and other social media platforms to suppress dissenting voices and restrict free speech. He specifically pointed to the Biden administration’s involvement, stating that federal officials persistently hectored Facebook to crack down on perceived “misinformation” and “unhelpful” posts.

Alito also lamented the court’s failure to acknowledge the harm caused by the government’s actions, and its willingness to let Facebook, a private entity, determine what constitutes acceptable speech. “For months, high-ranking Government officials placed unrelenting pressure on Facebook to suppress Americans’ free speech,” he concluded. “Because the Court unjustifiably refuses to address this serious threat to the First Amendment, I respectfully dissent.”

Ken Klukowski
Ken Klukowski
Senior Legal Contributor. Ken Klukowski is a lawyer who served in the White House and Justice Department.

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