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The Supreme Court has agreed to hear two cases that question whether the controversial social media laws in Texas and Florida violate free speech rights. These laws forbid platforms like Meta and TikTok from removing specific content and accounts.
Texas aims to prevent Big Tech platforms from moderating content based on a user’s political perspective, while Florida wants to make it illegal for platforms to ban politicians. Both laws are introduced by Republican lawmakers who claim that social media groups in Silicon Valley have been disproportionately censoring conservative voices.
These laws have been challenged by several technology trade associations as unconstitutional and in violation of the First Amendment, which protects free speech against government interference. After conflicting rulings from federal appeals courts, the Supreme Court was petitioned by tech groups to hear both cases. While the court considered the petition, the laws were temporarily blocked from being enacted.
By agreeing to hear these cases, the Supreme Court could potentially establish a groundbreaking precedent on online free speech. It would determine the balance between a platform’s right to decide on the content they host and the rights of individual users’ speech.
The matter has caused increasing tensions in Washington, particularly since Donald Trump and his allies claimed that Republicans were being silenced by liberal tech groups. The former president himself faced suspension or bans from many major platforms after the events of January 6, 2021, at the Capitol building.
Tech associations such as NetChoice and the Computer & Communications Industry Association, along with critics of these state laws, argue that the rules could enable the spread of harmful misinformation, hate speech, and extremism on social media platforms.
The Biden administration has urged the Supreme Court to consider these cases, asserting that the laws violate the First Amendment.
This month, the Supreme Court was asked to decide on another social media case. It concerned whether President Biden’s administration should be prohibited from requesting platforms to restrict certain content, particularly regarding coronavirus misinformation. The Biden administration stated that it was merely notifying the platforms about policy violations.
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