Washington, D.C. – The COVID-19 pandemic posed a real challenge to American institutions’ willingness to uphold the First Amendment rights of everyday people, particularly online. Most Americans remember the explosion of censorship on discussions of COVID ranging from universities to social media, often at the behest of government officials. U.S. SENATOR RAND PAUL has introduced the Standing to Challenge Government Censorship Act, a worthy answer to the problem of government censorship by proxy, wherein private sector actors are coerced into performing censorship — a practice known as “jawboning“.
“Consumers of online services and speech platforms deserve clarity about where content moderation decisions are coming from, especially when otherwise normal or mainstream speech is being restricted. Transparency informs how users of large platforms like YouTube, X, or Facebook determine which platforms they’d like to use,” said STEPHEN KENT, Media Director of the Consumer Choice Center, about Sen. Paul’s legislation, “Creating a greater right of legal action against government officials who engage in jawboning to curtail speech would be a huge win for civil liberties and the consumer experience online.”
On June 26, 2024, the Supreme Court ruled that the plaintiffs in a case known as Murthy v. Missouri concerning federal officials’ attempts to pressure platforms into censoring speech about COVID-19, had no standing to seek an injunction against government officials over censorship. This decision hinged partly on the fact that the plaintiffs sought an injunction against future censorship rather than compensation for past violations of their First Amendment rights. The law will need to change.
YAEL OSSOWSKI, deputy director of the Consumer Choice Center, added: “As social media has grown to allow Americans more free and unfettered speech online, there have been highly motivated efforts by government officials to limit speech online using both direct and indirect forms of coercion. This is a direct challenge to the spirit and future strength of the First Amendment. The Consumer Choice Center strongly supports Sen. Paul’s ‘Standing to Challenge Government Censorship Act’ as a vehicle to end unconstitutional jawboning and hold public officials accountable when they aim to suppress public discourse and free expression online.”
The consumer case for the “Standing to Challenge Government Censorship Act”:
- Consumers of online services have agreed to terms of service with providers regarding speech and their conduct on those services. They deserve full knowledge of whether those terms or enforcement of terms are being modified under duress from government officials.
- Creating a presumption of liability for government officials when it comes to jawboning and censorship creates more space for private entities to do the right thing for their users and to maintain the trust of consumers.
- Free expression is integral to any free market and society. Consumers and citizens need to be able to discuss issues openly so that the best ideas and products rise to the top and succeed in the marketplace. This is absolutely true of pharmaceutical products, which were at the heart of the government pressure campaign cited in Murthy v. Missouri.
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For interview requests and further comments, please contact:
Stephen Kent
Media Director
stephen@consumerchoicecenter.org
About the Consumer Choice Center:
The Consumer Choice Center is a non-profit organization dedicated to defending the rights of consumers around the world. Our mission is to promote freedom of choice, healthy competition, and evidence-based policies that benefit consumers. We work to ensure that consumers have access to a variety of quality products and services and can make informed decisions about their lifestyle and consumption. Find out more at www.consumerchoicecenter.org