In March, the U.S. Supreme Court will determine the extent of permissible federal interactions with private-party decision-making – namely, by social media platforms. The issue is portrayed as a clash between First Amendment rights and public health. This is not a new conundrum, but the involvement of social media is upping the ante. Further complicating the issue is the fact that the platforms acquiesced and voluntarily cooperated with governmental involvement, and while they are the object of the federal “incursions,” the social media platforms are not the aggrieved parties in the case.
