The effort by Missouri to enjoin the Biden administration’s “jawboning” of social media companies has reached the Supreme Court. The Solicitor General filed a long brief seeking a stay of the Fifth Circuit’s injunction and explaining why cert should be granted. The Court granted cert and the stay (the latter over three dissents).
The SG’s brief was remarkable for its innovative approach to the legal issues in the case, first proclaiming that states like Missouri have no first amendment right to hear from their citizens and then having to resurrect something very like a first amendment right for the federal government to speak to its citizens. Confused? Never fear. Where technology leads lawyers and policymakers to new heights of absurdity, Cybertoonz will be there to explain it all.
Stewart Baker
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