https://us7.campaign-archive.com/?e=a9fdc67db9&u=9d011a88d8fe324cae8c084c5&id=8cab9ac5f9
For years, conservatives have complained of apparent censorship of their voices on the principal social media platforms, like Facebook, Google and Twitter. Posts or tweets get taken down, or de-boosted, or de-monetized, or degraded in search results, or “shadow-banned,” or slapped with content warnings, or otherwise suppressed. But the response from Big Tech has always been, hey, we’re private companies, and we’re not subject to the First Amendment. We can do as we please.
Then Elon Musk took over Twitter, and followed by giving several journalists access to Twitter’s electronic archives to investigate any untoward government manipulation. The result has been the Twitter Files, an ongoing series of Twitter threads laying bare the coordination between pre-Musk Twitter and dozens of government actors to suppress disfavored speech. The most recent nineteenth segment of the Twitter Files series was published on March 20 by Matt Taibbi.
Now that it is clear that the systematic censorship of conservative voices is very real and has been largely directed and coordinated by the government itself behind the scenes, is there anything that can be done about that through litigation? There actually are some significant efforts under way in that regard. Probably the most important is the case titled Missouri v. Biden, pending in the Western District of Louisiana. The case seeks declaratory and injunctive relief against the government under the First Amendment to stop it from continuing to pressure social media platforms to suppress speech that the current government does not like. On March 20, the court issued a major opinion denying the government’s motion to dismiss. That opinion is available here. With the motion to dismiss denied, the case will proceed through full discovery and, presumably, trial.