Vivek H. Murthy, Surgeon General v. Missouri
In brief
The Supreme Court overturned the Fifth Circuit's judgment (reversed) and sent the case back to the lower court (remanded), without declaring the government's requests lawful or unlawful under the First Amendment.
- Where it stands
- Decided
Decided 6-3 · June 26, 2024 · Opinion by Justice Barrett
- What it’s about
- The Supreme Court dismissed a lawsuit alleging the federal government coerced social media platforms into censoring speech, ruling that the plaintiffs lacked standing to sue.
- Who it affects
- The Fifth Circuit's judgment no longer controls, and the lower courts must handle the case again. The Court's order does not itself say whether the government's requests violated users' First Amendment rights.
Summary: written with AI from the case record.
What it's about
The Court held the plaintiffs failed to prove their content restrictions were caused by government pressure rather than the platforms' independent policies.
The dispute reflects a broader fight over when government requests to private platforms become government control of speech.
Question presented
Did the federal government’s request that private social media companies take steps to prevent the dissemination of purported misinformation transform those companies’ content-moderation decisions into state action and thus violate users’ First Amendment rights?
What the Court decided
Holding
Decided December 11, 2023 The motion of the Kennedy Plaintiffs for leave to intervene is denied.
- Result
- Reversed
The vote
What's next
The Fifth Circuit must take the case back and determine what proceedings remain under the Supreme Court's ruling. The Court's order does not specify a final remedy or how the First Amendment dispute will end.
Documents
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Brief added: Questions Presented
More questions
- What did Murthy v. Missouri decide?
- The Supreme Court overturned the Fifth Circuit's judgment and sent the case back (reversed and remanded). The Court's order does not itself resolve the First Amendment question.
- Did the Court decide whether government requests became government action?
- The order does not state a final answer to that question. It overturned the lower court's judgment and sent the case back.
- How did the justices vote in Murthy v. Missouri?
- The vote was 6-3. Barrett wrote the majority opinion, while Alito wrote a dissent (an opinion by justices who disagreed); Thomas and Gorsuch signed on to it.
- What happens next in the case?
- The Fifth Circuit will take the case back and determine what proceedings remain. The Court's order does not specify a final remedy.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.