SCOTUS Sends Social Media Laws Back to Lower Courts

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The Facts

  • The US Supreme Court (SCOTUS) unanimously agreed to return to the lower courts two cases involving challenges to state laws — one each in Texas and Florida — intended to limit the ability of social media companies to moderate content.

  • Both cases revolve around laws passed by legislators who believe users, especially ones with conservative views, have been censored by the social media platforms.

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The Spin

Narrative A

Legislators must be extremely careful when it comes to passing laws that will restrict free speech. Censorship is a serious matter, but that's why the lower courts have to determine if the right to moderate content is protected under the social media platforms' First Amendment rights. It's likely much of these two laws will qualify as protected expression, but there may be some that are not protected.

Washington Post

Narrative B

These laws are still very much alive and could be reimplemented as soon as the lower courts do their analyses. There's no precedent for censorship being protected by the First Amendment, so the lower courts may wind up agreeing both laws are constitutional before they wind up before SCOTUS again.

Breitbart

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