No Remedy for Censorship: The Perils of Murthy

Source: RealClearPolitics
by Philip Hamburger

“Last week, in Murthy v. Missouri, the Supreme Court hammered home the distressing conclusion that, under the court’s doctrines, the First Amendment is, for all practical purposes, unenforceable against largescale government censorship. The decision is a strong contender to be the worst speech decision in the court’s history. … The greatest danger comes from the court’s tolerance of the sub-administrative power that the government uses to corral private parties into becoming instruments of control. Administrative regulation ideally runs through notice-and-comment rulemaking. In contrast, sub-administrative regulation works through informal persuasion, including subtle threats, regulatory hassle, and illicit inducements. By such means, the government can get the private platforms to carry out government orchestrated censorship of their users.” (07/02/24)