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Illustration for Vivek H. Murthy, Surgeon General, et al., Petitioners v. Missouri, et al.
Docket 23-411

Vivek H. Murthy, Surgeon General, et al., Petitioners v. Missouri, et al.

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. The Court held the plaintiffs failed to prove their content restrictions were caused by government pressure rather than the platforms' independent policies.

Status
Decided
Appeal from
United States Court of Appeals for the Fifth Circuit
Review granted
Oct 20, 2023
Argued
Mar 18, 2024
Decision released
Jun 26, 2024

Decision briefing

The case in plain English

Start with the holding, why it matters, and the strongest takeaways from the opinions.

Why did the Supreme Court dismiss the lawsuit against the Biden administration?

The Supreme Court dismissed a lawsuit that accused the federal government of illegally pressuring social media companies to remove content about COVID-19 and elections. The Court ruled 6-3 that the plaintiffs lacked standing (the legal right to sue) because they could not prove the platforms' decisions were caused by government coercion rather than the companies' own rules.

How does this ruling impact the First Amendment rights of social media users?

This decision allows federal officials to continue communicating with tech companies about harmful content without immediate fear of being sued for censorship. It means that users who feel their posts were unfairly removed must prove a direct link between a government threat and the specific action taken by the social media platform.

How does this case affect the battle over online misinformation?

The case highlights a growing tension between the government's effort to stop misinformation and the First Amendment rights of citizens. It centers on whether 'jawboning'—the practice of government officials using informal pressure to influence private companies—crosses the line into unconstitutional state action.

How did the justices divide over the issue of government pressure?

In a 6-3 decision, Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, and Jackson. Justice Alito wrote a dissent joined by Justices Thomas and Gorsuch.

The plaintiffs failed to establish a clear causal link between their past social media restrictions and the actions of the government defendants.

— Justice Amy Coney Barrett(majority)

The Court's decision to dismiss the case on standing grounds allows the government to continue a campaign of coercion against free speech.

— Justice Samuel Alito(dissent)

What is the final word on the government's role in social media moderation?

The Supreme Court threw out the challenge because the plaintiffs could not prove the government was responsible for their specific social media posts being removed.

What happens to future challenges against government speech policies?

The case has been sent back to the lower courts with instructions to dismiss the claims. Observers will now watch for how federal agencies adjust their communication with tech platforms and whether new plaintiffs with stronger evidence of direct harm will emerge.

What was the core dispute between the states and the federal government?

The states argued that federal officials coerced social media companies into censoring conservative viewpoints. They claimed this turned private moderation into illegal government censorship.

What are the real-world consequences for social media users?

Users may find it harder to sue the government over content moderation. They must now provide specific evidence that the government, not the platform, caused their content to be removed.

What legal rule did the Court use to decide this case?

The Court applied the rule of Article III standing, which requires plaintiffs to show a concrete injury. The injury must be fairly traceable to the defendant's conduct.

What is the next procedural step for this specific litigation?

The Supreme Court reversed the lower court's decision and remanded (sent back) the case. The lower courts must now dismiss the lawsuit based on the lack of standing.

How does this case fit into the broader trend of First Amendment law?

It reflects the Court's cautious approach to defining when government influence becomes censorship. The ruling emphasizes that private platforms generally have the right to manage their own content.

Where things stand

Timeline

Key court milestones at a glance.

Case AcceptedOct 20, 2023
Arguments HeardMar 18, 2024
Decision ReleasedJun 26, 2024

Source note

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Page data last refreshed Mar 30, 2026.

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