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June 26, 2024

Supreme Court reshapes online speech rights

Murthy v. Missouri limits standing to challenge platform moderation

James MadisonJames Madison pushed for explicit speech protections in 1789 after Anti-Federalists feared federal censorship.

The Supreme Court first narrowed that promise in Schenck v. United States in 1919 when Justice Oliver Wendell Holmes endorsed 'clear and present danger' and justified jailing antiwar speakers.

Marginalized movements from civil rights sit-ins to LGBTQ advocates pressed the First Amendment and met police violence and official bans.

Brandenburg v. Ohio in 1969 created the 'imminent lawless action' test and returned broader protection for advocacy absent immediate violence.

The pattern repeats: officials expand control in crises, courts then recalibrate doctrine, and activists push the boundary again.

In 2024–2025 Murthy v. Missouri (Jun. 26, 2024), Moody v. NetChoice (Jul. 1, 2024) and Lindke/O'Connor-Ratcliff (Mar. 15, 2024) reshaped who controls online speech.

Platforms, state attorneys general and Congress benefit from greater levers over distribution while street medics, campus protesters and small creators lose reach and safety.

The next battle centers on remanded content-moderation suits, TikTok divestment rules and new state laws that explicitly name platforms.

📜Constitutional Law🎓Education

People, bills, and sources

James Madison

James Madison

Framer and principal author of the Bill of Rights

Oliver Wendell Holmes Jr.

Associate Justice, U.S. Supreme Court

Clarence Brandenburg

Plaintiff in a landmark free-speech case

Vivek H. Murthy

U.S. Surgeon General

Eric Schmitt

Missouri attorney general

Ashley Moody

Florida attorney general

NetChoice

Trade association for online platforms

TikTok / ByteDance

Platform and foreign parent company

Elena Kagan

Elena Kagan

Associate Justice, U.S. Supreme Court

Samuel A. Alito

Samuel A. Alito

Associate Justice, U.S. Supreme Court

Michelle O'Connor-Ratcliff

Plaintiff

American Civil Liberties Union (ACLU)

Civil liberties organization

What you can do

1

understanding

Study Supreme Court tests and doctrines that limit this right

Learn the specific legal tests courts apply, including 'clear and present danger', 'imminent lawless action' and state-action doctrines, and how they changed in 2024–2025.

2

learning more

Follow constitutional law experts and litigation centers

Track current and remanded cases and scholarly analysis to see how rules for platforms, public officials and protests evolve.

3

practicing

Practice know-your-rights scenarios before protests or interactions with officials

Memorize short scripts, record interactions, carry identification for press or medical work and document misconduct in real time.

4

civic action

File official civil-rights complaints when your rights are denied

Use administrative complaint processes and deadlines to document violations by police, schools or employers and create a paper trail for litigation.

5

civic action

Use federal civil remedies such as Section 1983 suits and FOIA requests

When government actors violate First Amendment rights, document acts and consult a civil-rights attorney about suing under 42 U.S.C. § 1983 and using Freedom of Information Act requests to uncover official coordination with platforms.

6

civic action

Join or support rapid-response legal and journalist hotlines

Connect with organizations that deploy lawyers, street medics and media escorts during demonstrations to reduce risk and preserve evidence.