U.S. Supreme Court Notebook

Supreme Court rules for Biden administration in a social media dispute with conservative states


WASHINGTON (AP) — The Supreme Court on Wednesday sided with the Biden administration in a dispute with Republican-led states over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security.

By a 6-3 vote, the justices threw out lower-court rulings that favored Louisiana, Missouri and other parties in their claims that officials in the Democratic administration leaned on the social media platforms to unconstitutionally squelch conservative points of view.

Justice Amy Coney Barrett wrote for the court that the states and other parties did not have the legal right, or standing, to sue.

Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissented.

The case is among several before the court this term that affect social media companies in the context of free speech. In February, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express. In March, the court laid out standards for when public officials can block their social media followers.

The cases over state laws and the one that was decided Wednesday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints.

The states had argued that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who applied “unrelenting pressure” to coerce changes in online content on social media platforms.

But the justices appeared broadly skeptical of those claims during arguments in March and several worried that common interactions between government officials and the platforms could be affected by a ruling for the states.

The Biden administration underscored those concerns when it noted that the government would lose its ability to communicate with the social media companies about antisemitic and anti-Muslim posts, as well as on issues of national security, public health and election integrity.

The Supreme Court had earlier acted to keep the lower-court rulings on hold. Justices Samuel Alito, Neil Gorsuch and Clarence Thomas would have allowed the restrictions on government contacts with the platforms to go into effect.

Free speech advocates had urged the court to use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.

A panel of three judges on the New Orleans-based 5th U.S. Circuit Court of Appeals had ruled earlier that the Biden administration had probably brought unconstitutional pressure on the media platforms. The appellate panel said officials cannot attempt to “coerce or significantly encourage” changes in online content. The panel had previously narrowed a more sweeping order from a federal judge, who wanted to include even more government officials and prohibit mere encouragement of content changes.

The case is Murthy v. Missouri, 23-411.

Supreme Court overturns ex-mayor’s bribery conviction, narrowing scope of public corruption law



WASHINGTON (AP) — The Supreme Court overturned the bribery conviction of a former Indiana mayor on Wednesday in an opinion that narrows the scope of public corruption law.

The high court’s 6-3 opinion along ideological lines sided with James Snyder, who was convicted of taking $13,000 from a trucking company after prosecutors said he steered about $1 million worth of city contracts the company’s way.

The decision continues a pattern in recent years of the court restricting the government’s ability to use broad federal laws to prosecute public corruption cases. The justices also overturned the bribery conviction of former Virginia Gov. Bob McDonnell in 2016, and the court sharply curbed prosecutors’ use of an anti-fraud law in the case of ex-Enron CEO Jeffrey Skilling in 2010.

Snyder, a Republican, has maintained his innocence, saying the money was payment for consulting work. His attorneys argued before the high court that prosecutors hadn’t proved there was a “quid pro quo” exchange agreement before the contracts were awarded and that prosecuting officials for gratuities given after the fact unfairly criminalizes normal gift giving.

The Justice Department countered that the law was clearly meant to cover gifts “corruptly” given to public officials as rewards for favored treatment.

But Justice Brett Kavanaugh, writing for the conservative majority, said “the government’s interpretation of the statue would create traps for unwary state and local officials.”

A gratuity or reward could be unethical or illegal under other laws, but it doesn’t violate the law Snyder was charged with breaking, he said.

In a sharply worded dissent joined by her liberal colleagues, Justice Ketanji Brown Jackson said that that reading ignores the plain text of the law. She said Snyder’s argument was an “absurd” reading of the law that “only today’s court could love.”

Snyder was elected mayor of the small Indiana city of Portage, located near Lake Michigan, in 2011 and was reelected four years later. He was indicted and removed from office when he was first convicted in 2019.