WASHINGTON—On Wednesday, in Vivek H. Murthy, Surgeon General, et al., v. Missouri, et al., the Supreme Court rejected a challenge to the federal government’s ability to communicate with social media companies to tackle misinformation on their platforms. The Court did not reach the merits of the controversy, but instead ruled that the states and social media users who brought the challenge lacked the necessary legal standing to bring the case.
The Lawyers’ Committee for Civil Rights Under Law filed an amicus brief in Murthy v. Missouri in support of the government’s ability to engage with social media companies to stop the spread of harmful misinformation, arguing that the government plays an important role in helping social media companies identify and respond to misinformation on their platforms. Social media companies have an obligation to safeguard elections from disinformation, misinformation and other threats, underscoring the importance of collaboration between these entities to develop and enforce policies that protect the integrity of the electoral process.
The following is a statement from Pooja Chaudhuri, Counsel at the Lawyers’ Committee for Civil Rights Under Law:
“Today’s Supreme Court decision in Murthy v. Missouri leaves intact the government’s ability to communicate with social media companies and help stop the spread of harmful misinformation on their platforms. Election mis- and disinformation is a serious threat to the ability of Black voters and other voters of color to participate in elections.
“In past election cycles, bad actors have used social media platforms to target social media accounts of users who identify as Black to then share posts about why these voters should not turn out to vote. Other bad actors have spread inaccurate information on the methods of voting including where, when, and how to vote. Yet others have shared that ICE may be at the polls, an intimidation tactic designed to dissuade vulnerable communities that may be fearful of ICE enforcement from showing up to vote. The government plays a critical role in countering mis- and disinformation by flagging these posts and communicating with social media companies.
“In addition to the government, civil society organizations also play a role in not only identifying mis- and disinformation but also making sure voters have accurate facts related to election processes. The Lawyers’ Committee continues to fight election mis- and disinformation on various fronts, particularly with new AI technologies, during an important election year. To that end, we encourage voters to call the 1-866-OUR-VOTE hotline that continues to operate year-round to provide information about the voting process including related to voter registration deadlines, requesting absentee or mail-in ballots, and voting in person during early voting or on Election Day.”
###
About the Lawyers’ Committee for Civil Rights Under Law–The Lawyers’ Committee for Civil Rights Under Law is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to mobilize the nation’s leading lawyers as agents for change in the Civil Rights Movement. Today, the Lawyers’ Committee uses legal advocacy to achieve racial justice, fighting inside and outside the courts to ensure that Black people and other people of color have the voice, opportunity, and power to make the promises of our democracy real.
