The Knight First Amendment institute has a first-rate set of papers on this topic that just posted. And it couldn’t be more timely with Friday’s quick cert. grant in the Murthy v. Missouri case.
I was struck in my conversation for SDP last week with Genevieve Lakier and Eugene Volokh about jawboning that this is a cross-partisan issue: just as the right is worried about pressure from the Biden administration, shouldn’t the left be worried about pressure from a future Trump or Trump-like administration?
This case should produce some interesting briefs and perhaps interesting constellations of Justices.