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US Supreme Court Sends Social Media Cases Back to Lower Courts
The US Supreme Court has directed lower courts to revisit two cases challenging state laws in Texas and Florida that restrict social media content curation. The nine Justices unanimously decided that there is inadequate information on how these laws affect major tech firms, such as Meta Platforms Inc. and Alphabet Inc.’s Google.
First Amendment Scrutiny
The Court highlighted that the lower courts had not thoroughly examined the First Amendment issues central to these disputes, causing the Supreme Court to refrain from making a constitutional ruling. This outcome is considered a win for tech trade groups, who maintain their right to moderate content on their platforms, especially crucial with the approaching elections.
Laws Targeting Political Speech
The Texas and Florida laws aim to prevent tech companies from removing specific types of political speech, responding to accusations of bias against conservative viewpoints. Justice Elena Kagan, representing the court's opinion, emphasized that states should not interfere with the editorial decisions of these companies, likening them to news editors shaping content. Despite unanimous agreement, the decision revealed sharp divisions among the justices, exposing contrasting views about future applications of the First Amendment to social media.
Concurring Opinions
Chief Justice John Roberts, along with Justices Brett Kavanaugh, Amy Coney Barrett, and Sonia Sotomayor, supported Kagan's stance. Justice Ketanji Brown Jackson partly endorsed it. Justices Samuel Alito, Clarence Thomas, and Barrett contributed concurring opinions, underscoring disagreements on case specifics. Alito and Thomas notably criticized the breadth of the majority's First Amendment interpretation regarding social media content moderation.
Background: Deplatforming Trump
The legislation, championed by Florida Governor Ron DeSantis and Texas Governor Greg Abbott, followed the removal of former President Donald Trump from several platforms after the January 6, 2021, Capitol riot. The Court questioned the Texas law, which prohibits significant platforms from discriminating based on "viewpoint," with Kagan suggesting it likely wouldn't endure First Amendment analysis.
Content Moderation Requirements
The Florida law mandates that platforms offer a detailed rationale for each content moderation decision, barring them from deplatforming political candidates or limiting post visibility through algorithms. The law additionally prohibits censoring journalists based on their online statements. This case comes as social media firms pull back on combating political misinformation, seen prominently at X (formerly Twitter), with owner Elon Musk advocating for more free speech.
Trade Groups and Justices' Perspectives
Trade groups like NetChoice LLC argue that these laws impose confusing and heavy restrictions, potentially prohibiting platforms from removing harmful content such as neo-Nazi rhetoric. Conservative justices Alito and Thomas criticized the Court for preemptively protecting platforms' curatorial rights. They argued for a more cautious approach to applying constitutional standards to novel technology, warning about potential "embarrassments" from premature decisions.
Facial Challenges and Legal Complexities
All justices questioned the tech companies' decision to launch a "facial" challenge, which asserts the laws' overall unconstitutionality rather than targeting specific regulatory aspects. This approach often necessitates a broad, maximalist judicial response. The 11th US Circuit Court of Appeals had previously blocked most of Florida’s law, citing probable First Amendment violations. Conversely, the 5th Circuit upheld the Texas law but paused its enforcement pending an appeal.
The cases are referenced as Moody v. NetChoice, 22-277 (Florida) and NetChoice v. Paxton, 22-555 (Texas).
