The Supreme Court is set to consider at what point the federal government’s attempts to protect against misinformation on social media cross into censorship of speech that is constitutionally protected.
“The key free speech issue is how far can the government go in verbally arm-twisting private speech intermediaries to remove speech before that constitutes a First Amendment violation or state action,” said Clay Calvert, a law professor at the University of Florida who is an expert in the First Amendment.
In addition to the social media case, known as Murthy v. Missouri, the Supreme Court on Monday will also hear a dispute over whether a New York financial regulator violated the National Rifle Association’s free speech rights when she pressured banks and insurance companies in the state to sever ties with the gun rights group.