Media Matters has been in a legal dispute with the Federal Trade Commission (FTC) since 2023, resulting in the FTC filing a civil investigative demand (CID) that has curtailed their reporting and prevented other organizations from collaborating with them.

Following this CID, Media Matters sued the FTC, arguing that the CID was in retaliation for Media Matters’ speech criticizing Elon Musk and X. This lawsuit is now before the US Court of Appeals for the DC Circuit, and scholars at the Cato Institute filed a brief in support of Media Matters.

A new blog post by Thomas Berry, the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, and Dan Greenberg, a senior legal fellow in the Robert A. Levy Center for Constitutional Studies at the Cato Institute, details their brief, writing in part:

“Because FTC officials both threatened Media Matters for its speech and then followed through on those threats, the DC Circuit should affirm the lower court’s decision and block enforcement of the CID. When federal agencies attempt to chill speech and dilute the Constitution’s guarantees, the courts should not shy away from stopping them.”

Oral arguments occurred today, and Berry and Greenberg were present for the hearing. To speak with them about this brief, contact Christopher Tarvardian.