The Supreme Court made a decision on Monday regarding two First Amendment cases related to social media content moderation. The Court sent these cases back to lower courts, effectively keeping laws that restrict platforms from controlling content posted on their platforms on hold.
Justice Elena Kagan delivered the court’s opinion, instructing lower courts to conduct a thorough analysis of the First Amendment challenges to laws in Florida and Texas that regulate large internet platforms.
In her opinion, Justice Elena Kagan emphasized the importance of fully examining the applications of the laws to determine their constitutionality. She pointed out that this crucial analysis was not performed by the lower courts.
These cases revolve around laws in Florida and Texas that impose restrictions on how social media companies moderate content on their platforms.
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Both laws were enacted in 2021 following the suspension of former President Donald Trump’s social media accounts and the removal of posts containing COVID-19 misinformation.
Conservatives accused social media companies of censorship, while companies like Meta and Google argued that controlling speech on their platforms falls within their First Amendment rights.
Although further proceedings are expected, NetChoice, representing major companies, welcomed the Supreme Court’s decision as a win for free expression online.
On the other hand, conservatives like Texas Attorney General Ken Paxton expressed their commitment to defending social media users from what they see as censorship of conservative content.
Florida Attorney General Ashley Moody stated that while they disagree with certain aspects of the decision, they are prepared to continue defending state law.