Is the Constitution a Preemption Clause?

Last year, Florida and Texas passed draconian social media speech regulations. Each law violates the First Amendment, and, not surprisingly, each was blocked by a federal trial court. On appeal, however, things got weird. Although one appellate court affirmed most of the ruling against Florida’s law (SB 7072), another let Texas’s (HB 20) go into immediate effect. In an emergency order, the Supreme Court re-blocked the Texas law—for now. A further ruling by the justices, probably next year, is all but inevitable. TechFreedom’s Corbin Barthold and Ari Cohn break down the situation. For more, see a recent article by Corbin, “Trumpism on the Bench?,” published at The Bulwark; a recent article by TechFreedom’s Berin Szóka, “Mass Shooting Videos Are Protected Under These Awful Laws,” published at The Daily Beast; and Corbin’s and Berin’s joint essay “No, Florida Can’t Regulate Online Speech,” published at Lawfare.