Justice Ketanji Brown Jackson raises eyebrows with comment that First Amendment “hamstrings" government
The Supreme Court is expected to rule in the case Murthy v. Biden early this summer
In a debate Monday at the Supreme Court challenging the Biden administration’s alleged coordination with Big Tech to censor certain messages, one justice raised eyebrows in her comments about the government’s relationship with the First Amendment.
In nearly two hours of oral arguments, the justices debated whether the Biden administration crossed the constitutional line, and whether its outreach efforts with private companies amounted to permissible persuasion or encouragement versus illegal coercion or threats of retaliation.
"It's got these big clubs available to it, and so it's treating Facebook and these other platforms like their subordinates," Justice Samuel Alito said. But Justice Ketanji Brown Jackson took a different approach.
"Your view has the First Amendment hamstringing the federal government in significant ways in the most important time periods," she told the lawyer representing Louisiana, Missouri and private plaintiffs.
"The government actually has a duty to take steps to protect the citizens of this country... by encouraging or even pressuring platforms to take down harmful information," she said.
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The Supreme Court is expected to rule in the case Murthy v. Biden early this summer
In a debate Monday at the Supreme Court challenging the Biden administration’s alleged coordination with Big Tech to censor certain messages, one justice raised eyebrows in her comments about the government’s relationship with the First Amendment.
In nearly two hours of oral arguments, the justices debated whether the Biden administration crossed the constitutional line, and whether its outreach efforts with private companies amounted to permissible persuasion or encouragement versus illegal coercion or threats of retaliation.
"It's got these big clubs available to it, and so it's treating Facebook and these other platforms like their subordinates," Justice Samuel Alito said. But Justice Ketanji Brown Jackson took a different approach.
"Your view has the First Amendment hamstringing the federal government in significant ways in the most important time periods," she told the lawyer representing Louisiana, Missouri and private plaintiffs.
"The government actually has a duty to take steps to protect the citizens of this country... by encouraging or even pressuring platforms to take down harmful information," she said.
Justice Ketanji Brown Jackson raises eyebrows with comment that First Amendment 'hamstrings' government
During Supreme Court arguments challenging the Biden admin's alleged coordination with Big Tech, one justice's comments about the government’s relationship with the constitution raised eyebrows.
