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Brett Kavanaugh, Samuel Alito, Elena Kagan

Justice Brett Kavanaugh (ERIN SCHAFF/POOL/AFP via Getty Images), Justice Samuel Alito (AP Photo/J. Scott Applewhite), Justice Elena Kagan (ERIN SCHAFF/POOL/AFP via Getty Images)

The Supreme Court heard arguments on Monday in Murthy v. Missouri, the case out of the U.S. Court of Appeals for the Fifth Circuit asking the justices to decide whether the Biden administration ran afoul of the First Amendment by urging social media platforms to take down content. Along the way, Justices Brett Kavanaugh and Elena Kagan, one formerly a prominent Bush administration staff secretary and the other formerly the Solicitor General of the United States, took a dim view of a nightmare scenario raised by Justice Samuel Alito that the case could open the door to the New York Times and other major newspapers being inundated by government requests to censor stories.

Principal Deputy Solicitor General of the United States Brian Fletcher framed the government petitioner’s communications with social media companies as little more than “bully pulpit exhortations” and encouragement to exercise their lawful right to moderate and remove misinformation from their platforms, but particularly during the emergency circumstances of the COVID-19 pandemic.

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