After Murthy v. Missouri, Diffuse Jawboning Remains Murky

Gus Hurwitz August 6, 2024

Regulatory Review View Original Source

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Among the high-profile First Amendment cases heard by the Supreme Court this past term were NRA v. Vullo, which yielded a 9-0 opinion against jawboning—or the “use of official speech to inappropriately compel private action”—and the NetChoice cases, Moody v. NetChoice and NetChoice v. Paxton—which made clear that social media sites are First Amendment speakers. Nestled between these was Murthy v. Missouri, in which a six-justice majority found that the plaintiffs lacked standing to challenge alleged government efforts to pressure social media platforms to suppress their speech.

Read the full piece here.