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The Buckeye Institute Files Brief Urging Court to Protect Free Speech

Apr 19, 2023

Columbus, OH – On Tuesday, The Buckeye Institute filed an amicus brief in Missouri v. Biden, calling on the U.S. District Court for the Western District of Louisiana to stop the Biden Administration from “jawboning” social media companies to censor viewpoints the government does not agree with. 

“The danger of ‘jawboning’ social media companies is not merely that it violates the First Amendment, but that it degrades the free speech and expression as a value worth protecting,” said Jay R. Carson, senior litigator at The Buckeye Institute. “The federal government has no more business moderating tweets or Facebook posts today than it did blacklisting screenwriters for their political views in the 1950s.”

Missouri v. Biden is being argued by New Civil Liberties Alliance.

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UPDATE: On July 4, 2023, the U.S. District Court for the Western District of Louisiana ruled that the “Plaintiffs have presented substantial evidence in support of their claims that they were the victims of a far-reaching and widespread censorship campaign” and that they are “likely to succeed on the merits of their First Amendment free speech claim” against the federal government.

UPDATE: On August 7, 2023, The Buckeye Institute filed its second amicus brief in Missouri v. Biden. This one urging the U.S. Court of Appeals for the Fifth Circuit to uphold a preliminary injunction—that forbids the Biden Administration from “jawboning” social media companies to censor viewpoints the government does not agree with—until the case is resolved. 

UPDATE: On September 8, 2023, the U.S. Court of Appeals for the Fifth Circuit upheld the preliminary injunction for some government officials, including officials in the White House. 

UPDATE: On February 9, 2024, The Buckeye Institute filed its third amicus brief in Murthy v. Missouri (previously Missouri v. Biden), calling on the U.S. Supreme Court to uphold the preliminary injunction and stop the federal government from “jawboning” social media companies to censor viewpoints the government does not agree with.