Justice KBJ: ‘My Biggest Concern Is that Your View Has the First Amendment Hamstringing the Government in Significant Ways’

ROBERTS: “Justice Jackson.”
Jackson: “So my biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods. I mean, what would — what would you have the government do? I’ve heard you say a couple times, that the government can post its own speech, but in my hypothetical, you know, kids, this is not safe, don’t do it, is not going to get it done. And so I guess, some might say that the government actually has a duty to take steps to protect the citizens of this country, and you seem to be suggesting that that duty cannot manifest itself in the government encouraging, or even pressuring platforms to take down harmful information. So can you help me, because I’m really — I’m — I’m really worried about that? Because you’ve got the First Amendment operating in an environment of threatening circumstances from the government’s perspective, and you’re saying that the government can’t interact with the source of those problems.”