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How the Government Justifies Its Social-Media Censorship

Philip Hamburger
Chief Executive Officer

June 9, 2023

The organization I lead, the New Civil Liberties Alliance, represents plaintiffs in Missouri v. Biden, lawsuit challenging the federal government’s campaign to censor speech on social media. For years, officials at the White House, the Federal Bureau of Investigation, the Department of Homeland Security, the Central Intelligence Agency and other agencies have pressured tech companies to suppress “misinformation.”

Much of the targeted speech doesn’t deserve that Orwellian label. Some of the speech is truthful, and some is simply opinion that dissents from the government’s viewpoint. Yet even actual misinformation—with a few exceptions such as commercial fraud and defamation—is fully protected by the First Amendment. The government makes no claim that the speech it seeks to suppress is unprotected.


Originally Published in The Wall Street Journal