The US Supreme Court has agreed to take on the constitutionality of state laws in Texas and Florida that restrict social media companies’ ability to moderate content on their platforms. These laws have been a subject of contention, with technology industry groups arguing that they infringe on the First Amendment rights of freedom of speech. The Supreme Court’s decision to hear these cases has garnered support from various industry groups, including NetChoice and the Computer & Communications Industry Association, whose members include major platforms such as Facebook, Google, TikTok, and Twitter. CCIA President Matt Schruers expressed enthusiasm for the court’s involvement, stating that it is crucial to determine whether governments can force websites to publish dangerous content, as it contradicts not only wisdom but also the constitution.
Supporters of these laws argue that social media platforms have been engaging in improper censorship and suppressing conservative voices. On the other hand, advocates for content moderation emphasize the need to combat misinformation and extremist ideologies. The Biden administration also backed the review of these cases, asserting that the state laws encroach upon the rights of the companies. The central argument put forth by the industry groups is that the First Amendment protects the editorial discretion of social media platforms and prohibits governments from compelling them to publish content against their wishes. The companies argue that without this discretion, their platforms would become overrun with spam, bullying, extremism, and hate speech.
Critics of “Big Tech” have cited the suspension of former President Donald Trump’s Twitter account as an example of censorship. The temporary suspension, which occurred shortly after the January 6, 2021, attack on the US Capitol, was justified by Twitter as a measure to prevent further incitement of violence. Trump’s account has now been reinstated under the ownership of Elon Musk. Proponents of the state laws, such as Texas Governor Greg Abbott, argue that social media companies are attempting to silence conservative viewpoints and values, a movement that they find concerning and wish to prevent.
The specific provisions of the laws differ between Texas and Florida. Texas’ law prohibits social media companies with at least 50 million monthly active users from censoring users based on their viewpoints. It also allows users or the state attorney general to sue to enforce this law. Florida’s law, on the other hand, requires large platforms to host speech from political candidates and journalistic enterprises, even if the platforms prefer not to. Advocates argue that online services have the right to host, curate, and share content freely as part of their First Amendment rights. Notably, representatives from Florida and Texas have not yet commented on the Supreme Court’s decision.
Florida seeks to revive its law after the 11th US Circuit Court of Appeals largely ruled against it. The industry groups, NetChoice and the Computer & Communications Industry Association, are appealing the decision of the 5th US Circuit Court of Appeals, which upheld the Texas law. The Supreme Court had previously blocked the Texas law at an earlier stage of the case. Both the Texas and Florida cases are scheduled to be heard during the upcoming nine-month term of the Supreme Court, which commences on Monday.
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