As misinformation proliferates online, the government increasingly attempts to curb its spread, often pressuring social media platforms to take action on certain kinds of content from behind the scenes. To what extent can the government’s power to speak be used to combat online misinfo before it becomes “jawboning” against the free speech rights of private actors?

The latest documentary from FedSoc Studios, “JAWBONED: Miss Information vs. Free Speech,” investigates the distinction between normal political advocacy and unconstitutional government coercion, a key issue before the Supreme Court this term in Murthy v. Missouri and NRA v. Vullo.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Featuring:

Adam Kovacevich, Founder & CEO, Chamber of Progress

Katie Harbath, Former Director of Public Policy, Facebook

Nicole Saad Bembridge, Associate Director of Litigation, NetChoice

Will Duffield, Adjunct Scholar, Cato Institute

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Related links and differing views:

Cato Policy Analysis, “Jawboning Against Speech”
https://www.cato.org/policyanalysis/...

The Knight Institute, “Jawboning”
https://knightcolumbia.org/blog/chann...

American Enterprise Institute, “Persuasion or Coercion? Unpacking Oral Arguments and Problems in Murthy v. Missouri”
https://www.aei.org/technologyandin...

Techdirt, “Biden Admin Finally Points Out That The Record In The Murthy Case is All Lies” https://www.techdirt.com/2024/03/07/b...

Tech Policy Press, “Doctrinal Disarray: Amicus Briefs in Murthy v. Missouri and NRA v. Vullo Reveal How Divided Legal Commentators Are on Jawboning Questions” https://www.techpolicy.press/doctrina...

The Brennan Center for Justice, “The Government Shouldn’t Be Barred from Countering False Information”
https://www.brennancenter.org/ourwor...

The Washington Post, “Government has no business bullying social media platforms on speech”
https://www.washingtonpost.com/opinio...

Vox, “A foolish state official may have handed just handed the NRA a big victory”
https://www.vox.com/scotus/23948899/s...