Following Mark Zuckerberg’s putative mea culpa for having made Meta complicit in the largest censorship regime in American history, and his vow to restore free expression on his platforms, the CEO made perhaps his most consequential statement of all in an interview with Joe Rogan.

There, after describing the pressure campaign the Biden administration waged against his company to suppress disfavored speech, primarily regarding Covid-19, Zuckerberg told Rogan: “I don’t think that the pushing for social media companies to censor stuff was legal.”

The Meta CEO’s silence as this very issue was being litigated all the way up to the Supreme Court was as deafening then as it is maddening now. But in making this assertion, he has inadvertently highlighted one of the Roberts Court’s gravest derelictions of duty — one that emphasizes the necessity of vigorous executive and legislative actions in defense of our rights, actions like those promised by the Trump administration and some in Congress.

The dereliction of duty came in the Supreme Court’s punting of the case of Murthy v. Missouri, previously known as Missouri v. Biden.

Plaintiffs in the case obtained and marshaled voluminous evidence demonstrating that senior Biden White House officials and federal agencies coerced, cajoled, and colluded directly and indirectly with social media companies to purge disfavored news and views en masse on matters ranging from the Hunter Biden laptop story to election integrity and Covid-19. The defendants did so on ostensible grounds of combatting dangerous “mis-, dis-, and mal-information.” In deputizing non-governmental actors as its speech police, the plaintiffs argued, the feds engaged in a conspiracy to violate the First Amendment by proxy.

The case, alongside congressional investigations and reportage including the “Twitter Files,” helped expose the size, scope, and nature of the censorship-industrial complex. //

The defendants appealed. But Judge Doughty’s counterparts on the Fifth Circuit Court of Appeals largely upheld his ruling.

So the feds took their argument to the Supreme Court. There, shockingly, as I observed while attending oral arguments, far too many of the justices showed they held a perversely narrow view of the First Amendment, and they gave substantial deference to the feds that had so imperiled it. Some also seemed remarkably ignorant of the expansive factual record supporting the plaintiffs’ claims.

Last summer, the high court dismissed the plaintiffs’ concerns and Americans’ free speech rights on a technicality. In a 6-3 ruling, the Supremes held that the plaintiffs lacked standing to seek injunctive relief, refusing to rule on the merits of the case.

Justice Samuel Alito, who wrote the dissenting opinion, joined by Justices Clarence Thomas and Neil Gorsuch, rebuked the court for straining to create “new” and “heightened” standards to find that the plaintiffs lacked standing and warned that the court’s refusal to rule on the merits of the case could result in dire consequences.

“[W]e are obligated to tackle the free speech issue that the case presents,” Alito asserted. “The Court, however, shirks that duty and thus permits the successful campaign of coercion in this case to stand as an attractive model for future officials who want to control what the people say, hear, and think.”

The dissent concluded that what transpired in Murthy “was blatantly unconstitutional, and the country may come to regret the Court’s failure to say so.”

By not ruling that the censorship-industrial complex’s acts were unconstitutional — by avoiding the question entirely — the Supremes signaled that it was open season on free speech in America. //

The courts simply cannot be seen as a reliable backstop for protecting our First Amendment rights against the censorship-industrial complex.

What’s more, if Republicans allow the fed-led censorship regime to persist, there will be no deterrent to Democrat efforts to create analogous regimes going forward, targeting rights beyond those enshrined in the First Amendment.