The U.S. Supreme Court will hear arguments Monday on the role of the First Amendment in the internet age.
The Biden administration notes that under established First Amendment precedent, the government itself is entitled to express its views and to try to persuade others. As the government says in its brief,"A central dimension of presidential power is the use of the office's bully pulpit to seek to persuade Americans—and American companies—to act in ways that would advance the public interest.
"Let's say that somebody from the Department of Defense alerts you to information about a terrorist group that is identifying" the location and address of a State Department employee abroad and calling for violence against that individual.
That's"kind of silly," says former White House counsel Ruemmler, who notes that the president can't remove existing legal protections for social media companies. Only Congress can do that. "There is no clear partisan line" in Monday's case, observes NYU law professor Ryan Goodman. And you don't have to be a genius to see that some politicians have a convenient way of switching sides, depending on the content of the speech at issue.
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