After government officials like former White House advisers Rob Flaherty and Andy Slavitt repeatedly harangued platforms such as Facebook to censor Americans who contested the government's narrative on COVID-19 vaccines, Missouri and Louisiana sued. They claimed that the practice violates the First Amendment. Following years of litigation, the Supreme Court threw cold water on their efforts, ruling in Murthy v. Missouri that states and the individual plaintiffs lacked standing to sue the government for its actions. The government often disguised its censorship requests by coordinating with ostensibly "private" civil society groups to pressure tech companies to remove or shadow ban targeted content. According to the U.S. House Weaponization Committee's November 2023 interim report, the Cybersecurity and Infrastructure Security Agency requested that the now-defunct Stanford Internet Observatory create a public-private partnership to counter election "misinformation" in 2020. This consortium of government and private entities took the form of the Election Integrity Partnership (EIP). EIP's "private" civil society partners then forwarded the flagged content to Big Tech platforms like Facebook, YouTube, TikTok and Twitter. These "private" groups ... receive millions of taxpayer dollars from the National Science Foundation, the State Department and the U.S Department of Justice. Legislation like the COLLUDE Act would ... clarify that Section 230 does not apply when platforms censor legal speech "as a result of a communication" from a "governmental entity" or from an non-profit "acting at the request or behest of a governmental entity."
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