The Supreme Court on Monday sent two First Amendment cases regarding social media content moderation back to lower courts, maintaining a hold on laws that restrict what platforms can do with content posted to their platforms.
Justice Elena Kagan delivered the court’s opinion, instructing lower courts to conduct a thorough analysis of the First Amendment challenges to Florida and Texas laws regulating large internet platforms.
In her statement, Justice Elena Kagan emphasized the importance of assessing the full range of applications of these laws to determine their constitutionality.
The cases revolve around social media regulation laws in Florida and Texas that impose restrictions on how social media companies can 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.
While conservatives have accused social media companies of censorship, the companies, represented by the internet trade association NetChoice, argue that content moderation is protected under their First Amendment rights.
While further legal proceedings are expected, NetChoice, representing companies like Meta, Google, and X, welcomed the Supreme Court’s decision.
“Today’s ruling from the Supreme Court is a victory for First Amendment rights online,” stated Chris Marchese, director of the NetChoice Litigation Center. “NetChoice will continue to vigorously defend Americans’ rights to free expression online.”
Meanwhile, conservatives like Texas Attorney General Ken Paxton pledged to continue their efforts to safeguard social media users from what they perceive as censorship of conservative content.
“No American,” he said on X, “should be silenced by big tech oligarchs.”
Florida Attorney General Ashley Moody said, “while there are aspects of the decision we disagree with, we look forward to continuing to defend state law.”
