SCOTUS hears arguments in landmark case on Texas, Florida social media laws
Feb 26
By Ray Bogan (Political Correspondent)
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US supreme court hears arguments in social media content moderation cases
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court hears 1st Amendment clash on whether Texas and Florida can regulate social media
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The Supreme Court will hear challenges to Texas and Florida social media laws
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Justices hint that Florida and Texas social media laws may be unconstitutional
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Supreme Court hears arguments on the future of online speech: all the news
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GOP-led states want to regulate posting on social media. The Supreme Court will decide if they can
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court takes up regulation of social media platforms in Florida cases
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court to hear free speech challenges to social media laws – The Boston Globe
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U.S. Supreme Court hears challenge to Florida, Texas social-media laws
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Does the First Amendment apply to social media moderation? The U.S. Supreme Court will decide.
Click to see story on The Texas Tribune
Supreme Court wrestles with GOP-led states’ efforts to regulate social media platforms – Metro Philadelphia
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Surprise: Wall Street Journal Editorial Board (Correctly) Explains Why Florida’s & Texas’ Social Media Laws Are Horrible And Unconstitutional
Click to see story on Techdirt
Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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U.S. Supreme Court wrestles with GOP-led states’ efforts to regulate social media platforms
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Supreme Court wrestles with GOP-led states’ efforts to regulate social media platforms
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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U.S. Supreme Court takes up regulation of social media platforms in cases from Florida, Texas
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
Click to see story on WMTW
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Click to see story on The Columbian
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Click to see story on WJCL
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Click to see story on KHBS
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Click to see story on Scripps News
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Click to see story on The Gilmer Mirror
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Click to see story on minnlawyer.com
The Supreme Court will hear challenges to Texas and Florida social media laws
Click to see story on southcarolinapublicradio.org
Click to close
US Supreme Court to decide how the First Amendment applies to social media
Click to see story on The Straits Times
The U.S. Supreme Court defines the limits of freedom of expression on social networks
Click to see story on la Nacion
Supreme Court to review Florida and Texas laws on social media content regulation
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Click to see story on Odessa American
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LIVE NOW: Supreme Court Hears Arguments in Major Social Media Content Moderation Cases
Click to see story on The Epoch Times
U.S. Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
Click to see story on Toronto Sun
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USA: Supreme Court judges actions that will define the future of social networks
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Click to see story on techmeme.com
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Click to see story on Virginia Lawyers Weekly
Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Is the restriction of online content constitutional? This is now decided by the US Supreme Court
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113 other sources covering this story
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Center
62
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Last Updated
2 months ago
The Supreme Court heard oral arguments in two cases that could change how social media companies moderate content that users post on their sites and whether they can block some users altogether. The cases from Florida and Texas both look into censorship and First Amendment rights.
Florida and Texas passed what they described as anti-censorship laws in 2021 in response to what their state governments said was an anti-conservative bias from the social media platforms.
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The Florida law bans social media companies from deplatforming a political candidate or a journalistic enterprise. The Texas law states a social media platform or interactive computer service may not censor a user based on their viewpoint.
In the Florida case, the justices will answer whether the First Amendment prohibits a state from requiring social media companies to host third-party communications. The judges will also determine whether the state can require the companies to notify and provide an explanation to their users if they do censor their speech.
“The platforms do not have a First Amendment right to apply their censorship policies in an inconsistent manner and to censor and deplatform certain users,” said Florida Solicitor General Henry Whitaker, R, during oral arguments.
“Florida’s effort to level the playing field and to fight the perceived bias of big tech violates the First Amendment several times over,” said Paul Clement, R, an attorney representing social media companies. “It interferes with editorial discretion, it compels speech, it discriminates on the basis of content, speaker and viewpoint.”
In the Texas case, the justices will determine if the First Amendment allows websites to choose how they publish and distribute speech.
“When editors or speakers engage in viewpoint discrimination, that is their First Amendment right,” Clement said. “It is also absolutely vital to the operation of these websites, because if you have to be viewpoint neutral, that means that if you have materials that are involved in suicide prevention, you also have to have materials that advocate suicide promotion. Or if you have materials on your site that are pro-semitic, then you have to let on materials onto your site that are antisemitic. And that is a formula for making these websites very unpopular to both users and advertisers.”
The court is also deciding whether these laws are unconstitutional in all situations, known as a facial challenge, or only unconstitutional as they apply to the specific circumstances of the plaintiff, known as an applied challenge.
There are also questions as to who these laws apply to. Much of the attention falls on social media sites like Facebook, X, formerly known as Twitter, and YouTube, where individuals post text, pictures and videos to be seen by others.
Arguments also touched on whether these laws apply to a host of other sites where individuals can post anything, including e-commerce sites.
“This is so, so broad,” Justice Sonia Sotomayor told Whitaker. “It’s covering almost everything. But the one thing I know about the internet is that its variety is infinite.”
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In an amicus brief, Open Market Institute, which represents eBay and Etsy, wrote:
“It ought to be fundamental to the First Amendment that a marketplace for handmade t-shirts and coffee mugs should not be forced by a state’s ‘free speech’ regulations to carry ‘I ♥ Hitler’ paraphernalia out of ‘fairness’ to all viewpoints, or even to be forced to explain and justify — with individualized, case-specific reasons — why those views or products were taken down.”
“So Florida’s law, so far as I can understand it, is very broad,” Justice Amy Coney Barrett said. “And we’re talking about the classic social media platforms, but it looks to me like it could cover Uber, it looks to me like it could cover just Google search engines, Amazon Web Service, and all of those things would look very different.”
A final decision on these cases will come out by June. Both laws were blocked from going into effect while the court reaches a decision.
[RAY BOGAN]
The Supreme Court heard oral arguments in two cases that could forever change how social media companies moderate content that users post on their site and whether they can block some users altogether.
Florida and Texas passed what they described as anti-censorship laws in 2021 as a response to what their state governments said was an anti-conservative bias from the social media platforms.
The Florida law bans social media companies from deplatforming a political candidate or a journalistic enterprise. The Texas law states a social media platform or interactive computer service may not censor a user based on their viewpoint.
In the Florida case, the Justices will answer whether the first amendment prohibits a state from requiring social media companies to host third-party communications and whether the state can require the companies to notify and provide an explanation to their users if they do censor their speech.
[HENRY WHITAKER]
“The platforms do not have a First Amendment right to apply their censorship policies in an inconsistent manner and to censor and deplatform certain users,” Henry Whitaker, from the Florida Office of Attorney General, said during oral arguments.
[PAUL CLEMENT]
“Florida’s effort to level the playing field and to fight the perceived bias of big tech violates the First Amendment several times over. It interferes with editorial discretion, it compels speech, it discriminates on the basis of content, speaker and viewpoint,” Paul Clement, an attorney representing social media companies, told the Justices.
[RAY BOGAN]
In the Texas case, the justices will decide whether the First Amendment prohibits websites from engaging in editorial choices about whether, and how, to publish and disseminate speech.
[CLEMENT]
“When editors or speakers engage in viewpoint discrimination, that is their First Amendment right. It is also absolutely vital to the operation of these websites,” Clement said. “Because if you have to be viewpoint neutral, that means that if you have materials that are involved in suicide prevention, you also have to have materials that advocate suicide promotion. Or if you have materials on your site that are proSemitic, then you have to let on materials onto your site that are antiSemitic. And that is a formula for making these websites very unpopular to both users and advertisers.”
[RAY BOGAN]
Here’s where the cases get more interesting.
Beyond answering those questions – the court is determining whether these laws are entirely unconstitutional under all circumstances, what’s called a facial challenge, or whether the laws are unconstitutional as it applies specifically to the plaintiff in a specific circumstance, an applied challenge.
There are also questions as to who these laws apply to. Much of the attention falls on social media sites like Facebook, Twitter and YouTube, where individuals post text, pictures and videos to be seen by other users. But arguments also touched on whether these laws apply to a host of other sites where individuals post just about anything, including e-commerce sites.
[SOTOMAYOR]
“This is so, so broad. It’s covering almost everything. But the one thing I know about the internet is that its variety is infinite,” Justice Sonia Sotomayor told Whitaker.
[RAY BOGAN]
In an amicus brief, Open Market Institute which represents eBay and Etsy wrote:
“It ought to be fundamental to the First Amendment that a marketplace for handmade t-shirts and coffee mugs should not be forced by a state’s “free speech” regulations to carry “I ♥ Hitler” paraphernalia out of “fairness” to all viewpoints, or even to be forced to explain and justify—with individualized, case-specific reasons—why those views or products were taken down.”
[Amy Coney Barrett]
“So Florida’s law, so far as I can understand it, is very broad. And we’re talking about the classic social media platforms, but it looks to me like it could cover Uber, it looks to me like it could cover just Google search engines, Amazon Web Service, and all of those things would look very different,” said
[RAY BOGAN]
A final decision on these cases will come out by June. Both laws were blocked from going into effect while this case gets decided.
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Media Landscape
See who else is reporting on this story and which side of the political spectrum they lean. To read other sources, click on the plus signs below.
Learn more about this dataLeft 31%
Center 62%
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US supreme court hears arguments in social media content moderation cases
Click to see story on The Guardian
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Click to see story on PBS NewsHour
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Click to see story on The Texas Tribune
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Surprise: Wall Street Journal Editorial Board (Correctly) Explains Why Florida’s & Texas’ Social Media Laws Are Horrible And Unconstitutional
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U.S. Supreme Court wrestles with GOP-led states’ efforts to regulate social media platforms
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court grapples with Texas, Florida social media regulation laws
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Click to see story on OPB
GOP-led states want to regulate posting on social media. The Supreme Court will decide if they can
Click to see story on The Columbian
Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
Click to see story on WFAA 8abc
Supreme Court to decide if states can control fate of social media
Click to see story on UnionLeader.com
Supreme Court hears landmark cases that could upend what we see on social media
Click to see story on WXII
Supreme Court casts doubt on GOP-led states’ efforts to regulate social media platforms
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Click to see story on WJCL
Supreme Court hears landmark cases that could upend what we see on social media
Click to see story on KHBS
Supreme Court hears landmark social media speech cases
Click to see story on Scripps News
Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
Click to see story on CW39 Houston
Supreme Court Hears Landmark Cases That Could Upend What We See on Social Media
Click to see story on slashdot.org
Supreme Court hears two cases that could change what we see on social media
Click to see story on DC News Now | Washington, DC
Does the First Amendment apply to social media moderation? The U.S. Supreme Court will decide.
Click to see story on The Gilmer Mirror
Supreme Court takes up regulation of social media platforms – Minnesota Lawyer
Click to see story on minnlawyer.com
The Supreme Court will hear challenges to Texas and Florida social media laws
Click to see story on southcarolinapublicradio.org
Click to close
US Supreme Court to decide how the First Amendment applies to social media
Click to see story on The Straits Times
The U.S. Supreme Court defines the limits of freedom of expression on social networks
Click to see story on la Nacion
Supreme Court to review Florida and Texas laws on social media content regulation
Click to see story on WPDE
Supreme Court casts doubt on GOP-led states’ efforts to regulate social media platforms
Click to see story on Odessa American
Click to close
LIVE NOW: Supreme Court Hears Arguments in Major Social Media Content Moderation Cases
Click to see story on The Epoch Times
U.S. Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
Click to see story on Toronto Sun
Supreme Court wraps up arguments on Florida social media law
Click to see story on wng.org
Click to close
Far
Right
+0
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Untracked Bias
USA: Supreme Court judges actions that will define the future of social networks
Click to see story on Globo
Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
Click to see story on My Mother Lode
Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
Click to see story on Airdrie City View
The cases being studied by the U.S. Court that would determine the future of social networks
Click to see story on El Tiempo
A roundup of oral arguments made in the Supreme Court for a pair of cases involving Florida and Texas social media laws that impose strict limits on moderation
Click to see story on techmeme.com
Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Supreme Court takes up regulation of social media platforms in cases from Florida and Texas
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Is the restriction of online content constitutional? This is now decided by the US Supreme Court
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STA: US Supreme Court rules on constitutionality of online content restriction
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U.S. Supreme Court judges those who will determine the future of social networks
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Supreme Court hears landmark cases that could upend what we see on social media
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Supreme Court hears major social media cases on content moderation and free speech
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US Supreme Court weighs Florida, Texas laws regulating social media companies
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