Executive Branch Censorship of Social Media: The Problem of Standing and the Strategy of Delay

Authors

• Paul D. Foote, Murray State University
• Ihsan A. Alkhatib, Murray State University
• James C. Clinger, Murray State University

Volume Number

54

Issue Number

1

Abstract

The United States Supreme Court heard a challenge to the federal government’s efforts to shape what social media platforms permit to be posted on those platforms in the case of Murthy et al. v. Missouri et al. Though the Court never ruled on the merits of the case, the Court majority did make an important, though not altogether clear, statement of the issue of standing to sue. That decision, which precluded a decision on the petitioners’ claims that their First Amendment rights were violated, set a precedent that may affect future practices by the government. This paper analyzes the strategies that government agencies may pursue to use standing arguments to delay decisions on the merits. This may make many First Amendment challenges virtually impossible for plaintiffs to win

Recommended Citation

Foote, Paul D.; Alkhatib, Ihsan A.; and Clinger, James C. (2026) "Executive Branch Censorship of Social Media: The Problem of Standing and the Strategy of Delay," Journal of Political Science: Vol. 54: No. 1, Article 2.
Available at: https://digitalcommons.coastal.edu/jops/vol54/iss1/2