Supreme Court Punts on Texas and Florida Social Media Cases That Could Upend Platform Moderation

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The court is still scheduled to hear two other cases next month that could affect the business models of major platforms.

The Supreme Court delayed a decision on whether to take up a pair of cases challenging social media laws in Texas and Florida that could upend the way platforms decide which posts they remove and which ones they promote.the U.S. solicitor general for input on the cases, which were both filed by tech industry groups NetChoice and the Computer and Communications Industry Assocation . The groups argue that the laws violate the First Amendment rights of companies to determine what speech they host.

Republican leaders in Texas and Florida have promoted the legislation as a way to counteract what they call unjust censorship of conservative viewpoints on social media. Major platforms have maintained that they simply enforce their terms of service.Sign up for NBC DFW newslettersNetChoice and CCIA warned that if allowed to take effect, the social media laws would force platforms to keep messages even if they make false claims on very sensitive subjects.

The court is scheduled to hear two other cases next month that could also alter the business models of major platforms. One in particular,looks directly at whether algorithms that promote and organize information on websites can be protected by Section 230 of the Communications Decency Act, which shields online services from being held liable for their users' posts.

 

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