WASHINGTON—The U.S. Supreme Court today heard arguments in a case alleging that the Biden administration violated the First Amendment by pressuring—or “jawboning”—the social media companies into removing apparent misinformation relating to public health and the 2020 U.S. elections. The Knight First Amendment Institute at Columbia University filed an amicus brief in the case in support of neither party, which was referenced by justices during the argument. 

The following can be attributed to Alex Abdo, litigation director of the Knight First Amendment Institute at Columbia University. 

“We're encouraged that the Court was sensitive both to the First Amendment rights of platforms and their users, and to the public interest in having a government empowered to participate in public discourse. To that end, we hope that the Court resolves these cases by making clear that the First Amendment prohibits coercion but permits the government to attempt to shape public opinion through the use of persuasion.”

Read the Institute’s brief here.

Last fall, the Knight Institute announced a new research initiative on jawboning and the First Amendment. As part of this inquiry, the Institute published a series of short thought pieces by legal experts, former social media platform representatives, and civil society advocates that considered the legal and practical questions raised in Murthy v. Missouri. Read the series here.

For more information, contact: Adriana Lamirande, [email protected].