An Update On The Censorship Cases Pending At SCOTUS

Earlier this week, we blogged about the social media censorship cases that have been working their way through various courts of appeals, including the Sixth Circuit, and how one of those cases – the Fifth Circuit case – has now landed on the Supreme Court's emergency docket. As a reminder, the Sixth Circuit held that the plaintiffs in its case did not have standing to sue because, in the Panel's judgment, the plaintiffs did not adequately allege that they suffered an injury fairly traceable to the government. The Fifth Circuit case had more of a record developed in it and, based on that record, the Fifth Circuit held not only that the plaintiffs in its case had standing to sue at least some officials but also that those officials likely violated the plaintiffs' First Amendment rights.