Net choice cases: First Amendment protections for social media content moderation

The Supreme Court is considering cases that raise questions about whether the First Amendment protects social media companies' content moderation decisions. Texas and Florida have passed laws that limit social media platforms' ability to remove certain speech or users and require them to disclose information about their content moderation decisions. The Supreme Court will need to determine whether these laws are constitutional and whether they violate the platforms' First Amendment rights. The Knight Institute argues that the must-carry provisions of these laws are unconstitutional because they infringe on platforms' editorial decisions, while transparency requirements may be subject to a different constitutional framework. The court's decision in these cases will provide guidance on the application of the First Amendment to social media content moderation.