The Supreme Court on Friday blocked in full a lower court ruling that would have curbed the Biden administration’s ability to communicate with social media companies about contentious content on such issues as Covid-19.

The decision in a short unsigned order puts on hold a Louisiana-based judge’s ruling in July that specific agencies and officials should be barred from meeting with companies to discuss whether certain content should be stifled.

The Supreme Court also agreed to immediately take up the government’s appeal, meaning it will hear arguments and issue a ruling on the merits in its current term, which runs until the end of June.

Three conservative justices noted that they would have denied the application: Samuel Alito, Clarence Thomas and Neil Gorsuch.

  • @[email protected]
    link
    fedilink
    English
    11 year ago

    Nope, I’m pretty sure I’m reading their opinion right

    Instead of providing any concrete proof that “harm is imminent,” White v. Florida, 458 U. S. 1301, 1302 (1982) (Powell, J., in chambers), the Government offers a series of hypothetical statements that a covered official might want to make in the future and that, it thinks, might be chilled. Application 36–38. But hypotheticals are just that—speculation that the Government “may suffer irreparable harm at some point in the future,” not concrete proof. White, 458 U. S., at 1302 (emphasis added). And such speculation does not establish irreparable harm. Nken, 556 U. S., at 434; see also Clapper v. Amnesty Int’l USA, 568 U. S. 398, 414, n. 5 (2013) (rejecting similar speculation as insufficient to establish an Article III standing injury).

    • @FlowVoid
      link
      English
      11 year ago

      The injunction prevented specific government agencies from coercing or otherwise threatening to punish social media companies who didn’t remove posts. That’s neither broad nor undefined.