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Supreme Court to Hear Landmark Cases on State Social Media Regulation

The cases from Texas and Florida challenge the extent of content moderation by social media platforms, raising significant First Amendment concerns.

Overview

  • On Feb. 26, 2024, the Supreme Court will hear arguments in Moody v. NetChoice and NetChoice v. Paxton, focusing on laws from Texas and Florida aimed at regulating social media content moderation.
  • The laws in question seek to classify major social media platforms as 'common carriers,' potentially altering their ability to moderate content based on viewpoint discrimination.
  • Critics argue that the laws violate the First Amendment by infringing on the platforms' rights to editorial judgment and could lead to a flood of harmful content online.
  • The cases have sparked a broad debate on the balance between free speech and the responsibility of platforms to moderate content, with over 80 briefs filed in the Supreme Court's docket.
  • Elon Musk's acquisition of Twitter and subsequent reduction in content moderation is cited as a real-world example of the potential impact of such laws.