Mock Trial: Murthy v. Missouri: Free Speech, Government, and Misinformation of Social Media Platforms
Open to Debate
Does the government have the right to pressure social media platforms to take down posts that spread dangerous misinformation, disinformation, and false claims that threaten public safety? Under the administration of President Joe Biden (D), various federal agencies—including the Centers for Disease Control and Prevention, the nation's leading health agency; the office of U.S. surgeon general Vivek Murthy; and the Federal Bureau of Investigation—communicated with several top social media platforms in an attempt to clamp down on such misinformation. Two states—Louisiana and Missouri—and five individuals sued these agencies, arguing that such efforts amounted to government censorship, and the case, Murthy v. Missouri, ended up before the U.S. Supreme Court in 2024. Supporters of the Biden administration's efforts argue that government officials communicated with social media companies only about content that posed a serious danger to public health and safety, such as inflammatory political conspiracy theories or lies about proper health measures during a pandemic. Administration officials, they contend, neither coerced social media platforms nor commandeered their decision making. Opponents of the Biden administration's effort argue that government officials pressured social media companies into silencing dissenting views on their platforms, violating the free speech rights of users who had their posts taken down. These actions, they contend, violate the First Amendment to the U.S. Constitution, which protects freedom of speech and expression. In this mock trial, experts debate the issues of free speech, government, and misinformation on social media platforms.