Justice Kentanji Brown Jackson Says Censorship is Government’s ‘Duty’

Following the Supreme Court’s hearing of oral arguments for the Murthy v. Missouri case, where the Missouri attorney general is claiming the Biden administration violated the First Amendment to censor speech on social media, Jackson said officials have a duty to censor speech.

“My biggest concern is that your view is that you have the First Amendment hamstringing the government in significant ways in the most important time periods,” Jackson said. “I mean, what would you have the government do?”

“So I guess, some might say that the government actually has a duty to take steps to protect the citizens of this country and you seem to be suggesting that that duty cannot manifest itself in the government encouraging, or even pressuring platforms to take down harmful information,” she added.

Justice Ketanji Brown Jackson argues on behalf of the government “encouraging or even pressuring platforms to take down harmful information” online. pic.twitter.com/H4IiUrLVDy

— The Post Millennial (@TPostMillennial) March 18, 2024

Justice Samuel Alito, however, suggested the government should not be involved in speech moderation.

“When I see the White House and Federal officials repeatedly saying that Facebook and the Federal government should be partners… There are regular meetings, there is constant pestering of Facebook and some of the other platforms… Wow, I cannot imagine Federal officials taking that approach to print media.”

🚨 Happening NOW: Murthy v. Missouri—SCOTUS hears arguments on US govt collusion with social media platforms to censor online speech.

A US judge has called this case “the most massive attack against free speech in United States’ history.”

Alito: “When I see the White House and… pic.twitter.com/5lp6wtWb2j

— System Update (@SystemUpdate_) March 18, 2024

Senator Rand Paul (R-KY) wrote on social media that the case is the “most consequential free speech case in U.S. history.”

“Today, SCOTUS heard Murthy v. Missouri, the most consequential free speech case in U.S. history. This isn’t just about social media companies; it’s a critical examination of government overreach,” he wrote. “The Biden administration and FBI’s efforts to influence Big Tech into silencing dissent tramples on the 1st Amendment. Our focus must be on preventing government censorship, not compelling private entities to act as censors. This case could redefine our free speech.”

Today, SCOTUS heard Murthy v. Missouri, the most consequential free speech case in U.S. history. This isn’t just about social media companies; it’s a critical examination of government overreach. The Biden administration and FBI’s efforts to influence Big Tech into silencing…

— Rand Paul (@RandPaul) March 18, 2024