Eugene has written a few posts about how the Jimmy Kimmel incident would be analyzed under NRA v. Vullo. I think another relevant precedent to consider is Murthy v. Missouri. In this case, Justice Barrett found that no one had standing to challenge the Biden Administration's "jawboning" of social media companies, despite an overwhelming evidentiary record.
First, here is the test Barrett put forward:
Putting these requirements together, the plaintiffs must show a substantial risk that, in the near future, at least one platform will restrict the speech of at least one plaintiff in response to the actions of at least one Government defendant. On this record, that is a tall order.
