In recent years, Louisiana has taken the lead in protesting viewpoint discrimination by government proxy through the private sector. Its policy-makers should do so again and expand those efforts in covering when the private sector does business with state government.
In the Murthy v. Missouri case, Louisiana played a major role taking up the cause of one of its then-citizens whose viewpoints on health decision-making were discriminated against by social media companies, which in isolation was uncontroversial except that government actively steered the companies in that direction. The judiciary held this to be state-sponsored speech suppression, but it also determined that the plaintiffs lacked standing to sue. A narrower case, without the state’s involvement, then filed brought a settlement where certain federal government agencies could not engage in that discrimination.
There are other ways in which Louisiana has fought viewpoint discrimination. A few years ago, the State Bond Commission, then led by then-Treas. John Schroder, declared it would not do business with entities that discriminated by viewpoint, specifically with those that refused to do business with gun manufacturers. Republican Gov. Jeff Landry the year he took office issued an executive order covering higher education institutions, which prohibits state agencies and public institutions from discriminating against students, faculty, or staff based on their political ideas and aims to foster a culture where individuals do not face retribution for their speech or political beliefs.