In a 6-3 decision authored by Justice Barrett, the Supreme Court concluded that none of the plaintiffs in Murthy v. Missouri had Article III standing to seek an injunction barring federal officials from seeking to influence content-moderation decisions on social media platforms. While the decision divided the Court, and Justice Alito wrote a lengthy dissent (joined by Justices Gorsuch and Thomas), Murthy appears to be a narrow decision, though one that sends a message to lower courts and litigants.
Here is Justice Barrett's summary of the opinion:
During the 2020 election season and the COVID–19 pandemic, social-media platforms frequently removed, demoted, or fact checked posts containing allegedly false or misleading information. At the same time, federal officials, concerned about the spread of "misinformation" on social media, communicated extensively with the platforms about their content-moderation efforts.
The plaintiffs, two States and five social-media users,sued dozens of Executive Branch officials and agencies, alleging that they pressured the platforms to suppress protected speech in violation of the First Amendment. The Fifth Circuit agreed, concluding that the officials' communications rendered them responsible for the private platforms' moderation decisions. It then affirmed a sweepingpreliminary injunction.
The Fifth Circuit was wrong to do so. To establish standing, the plaintiffs must demonstrate a substantial risk that,in the near future, they will suffer an injury that is traceable to a Government defendant and redressable by the injunction they seek. Because no plaintiff has carried that burden, none has standing to seek a preliminary injunction.
