Murthy v. Missouri Supreme Court Syllabus and Opinion Review

This set of flashcards covers key legal definitions, entities, and specific arguments found in the Supreme Court syllabus and opinion for Murthy v. Missouri (2024).

Syllabus (headnote)

A summary prepared by the Reporter of Decisions for the convenience of the reader, which constitutes no part of the opinion of the Court.

Article III standing

The requirement that a plaintiff must establish a concrete, particularized, and actual or imminent injury that is fairly traceable to the challenged action and redressable by a favorable ruling.

Traceability

A requirement for standing that there must be a causal connection between the injury and the defendant's challenged conduct, rather than it being the result of the independent action of a third party.

Redressability

A requirement for standing that it must be likely that the injury will be remedied by a favorable judicial decision.

Vivek Murthy

The Surgeon General of the United States who issued a health advisory in July 2021 encouraging platforms to take steps against COVID-19 misinformation.

Cybersecurity and Infrastructure Security Agency (CISA)

A federal agency that communicated with social-media platforms about election-related misinformation through operations like 'switchboarding' until mid-2022.

Preliminary injunction

A temporary court order issued at an early stage of litigation, which requires the plaintiff to make a 'clear showing' that they are likely to establish each element of standing.

Jill Hines

A healthcare activist and plaintiff who codirects Health Freedom Louisiana and alleged injuries from Facebook restrictions traceable to the CDC and White House.

Jim Hoft

A plaintiff and owner of The Gateway Pundit who alleged election-related news restrictions on various social-media platforms.

Right to listen theory

A standing theory asserted by plaintiffs claiming the First Amendment protects their interest in reading and engaging with the content of other speakers on social media.

Section 230 of the Communications Decency Act

A federal law providing a liability shield for platforms, which White House officials mentioned in discussions regarding possible reforms and content moderation accountability.

Parens patriae

A legal standing doctrine under which states are generally prohibited from bringing an action against the Federal Government on behalf of their citizens.

Switchboarding

A specific operation by CISA that involved forwarding third-party reports of election-related misinformation to social-media companies.

Disinformation dozen

A group of 12 people identified by White House officials as being supposedly responsible for a majority of COVID-19-related misinformation.

Certiorari

A writ or order by which a higher court reviews a case from a lower court, in this instance the United States Court of Appeals for the Fifth Circuit.