How the Government Justifies Its Social-Media Censorship

The Supreme Court has adopted doctrines that make it hard for officials to see that they’re acting unconstitutionally.

On March 9, 2023, journalists Matt Taibbi and Michael Shellenberger testified before a congressional hearing on the growth of 'a censorship-industrial complex' that violates the right to free speech. Images: AP/AFP/Getty Images/Zuma Press Composite: Mark Kelly

The organization I lead, the New Civil Liberties Alliance, represents plaintiffs in Missouri v. Biden, a lawsuit challenging the federal government’s campaign to censor speech on social media. For years, officials at the White House, the Federal Bureau of Investigation, the Department of Homeland Security, the Central Intelligence Agency and other agencies have pressured tech companies to suppress “misinformation.”

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