Supreme Court Chief Justice John Roberts Just Defended Action Against ‘Disinformation’

Chief Justice John Roberts named “disinformation” among several threats to the Supreme Court’s independence, prompting new concerns about how Roberts views free speech issues.

Key Facts:

– In his annual review, Roberts cited “disinformation” as a factor undermining faith in the courts.
– He recommended a “coordinated, national scale” response to counter false narratives, including those spread by foreign actors.
– Critics note the Supreme Court declined to address major fed-led censorship cases in its 2023-24 term.
– Justice Sam Alito, joined by Justices Clarence Thomas and Neil Gorsuch, argued the court missed a chance to confront government-driven restrictions on speech.

The Rest of The Story:

Roberts contends that distortions of legal decisions can damage trust in the judiciary and that the rapid spread of misinformation through social media compounds the threat.

He suggests a robust civic education push to help people understand the courts and to weed out erroneous narratives.

Some observers, however, see a resemblance to the federal government’s broader focus on fighting “mis-, dis-, and mal-information.”

Opponents say labeling speech as “disinformation” can empower officials to curtail debate.

They point to the so-called “Censorship-Industrial Complex,” where federal agencies direct or influence online platforms to remove or reduce certain content.

This includes posts about election integrity, healthcare, and other politically charged topics.

The Supreme Court had a prime opportunity to address these issues in the case Murthy v. Missouri, which raised questions about government-coordinated censorship on social media.

A 6-3 majority decided the plaintiffs did not have standing, prompting a dissent by Justices Alito, Thomas, and Gorsuch.

They argued the evidence showed government actors pressuring social media companies and that this warranted a closer look from the highest court.

Commentary:

It is unsettling to see the Chief Justice of the Supreme Court adopt a stance that could be interpreted as hostile to free speech.

The idea that any view deemed “disinformation” requires a coordinated nationwide response is worrisome.

Thankfully, President Trump remains in office, so any forthcoming vacancies could be filled by justices who prioritize defending the fundamental right to speak openly, without the threat of being labeled and silenced.

The Bottom Line:

Chief Justice Roberts claims he wants to protect the court’s reputation by taking on disinformation but his approach is misguided, to say the least.

Censoring people will destroy the legitimacy of his institution not protect it.

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The Supreme Court’s decision not to weigh in on the fed-led censorship debate leaves an opening for bad actors that needs to be addressed.