The Latest Breaking News from Missouri

Part of the Murthy v. Missouri challengers' claim is that the First Amendment bans the government from even "substantially encouraging" private entities to block user speech. And as I noted in the post below, I appreciate the difficulties with this claim (though I also appreciate its appeal). Here, though, I…

The government can't block viewpoints it condemns from its own property that has been opened to publicspeech. Should there be limits on government systematically and substantially encouraging private entities to block the same viewpoints from their property—which may be much more important to public debate than the government property where…

The government is entitled to try to persuade social media to take down posts, but not to coerce them to do so.

Plaintiffs in Murthy v Missouri argue White House requests to take down coronavirus misinformation violate first amendment