The NetChoice Cases Deliver Win for Freedom of Speech
Jul 11, 2024
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Policy analyst Jennifer Huddleston discusses the Supreme Court's rulings on state laws regulating social media companies. Topics include scrutiny of Texas and Florida laws, common carrier responsibilities for platforms, the impact on online speech, and the need for states to be cautious with such laws.
State laws compelling social media platforms failed at Supreme Court, prompting reevaluation by other states.
Justice Kagan's skepticism towards state restrictions highlights need for further First Amendment analysis at circuit court level.
Deep dives
Challenges to Social Media Laws in the Supreme Court
The Supreme Court examined Net Choice Cases challenging state laws regulating online platform content and users. Laws from Texas and Florida aimed at countering social media platforms silencing conservative voices, specifically related to former President Donald Trump's deplatforming. Justice Kagan's remand back to lower courts highlighted a strong skepticism towards state restrictions on speech platforms, emphasizing the need for further First Amendment analysis at the circuit court level.
Implications of the Court Decision on State Legislation
The majority opinion's scrutiny of Texas and Florida laws underscores a cautionary approach for state legislators attempting to control online platforms' speech. Justice Alito's concurrence supports further First Amendment examination at the circuit court level but stresses the non-binding nature of Kagan's dicta. The decision prompts other states considering similar laws to reassess their approach, potentially averting a patchwork of restrictive state regulations affecting online speech platforms and users.
State laws seeking to compel social media companies to allow certain content or people on their platforms failed to pass muster at the Supreme Court. Jennifer Huddleston evaluates what's next.