The Supreme Court on Monday sent two First Amendment cases over social media content moderation back to lower courts, effectively continuing a hold on laws that restrict what platforms can do with content posted to their platforms.
In delivering the opinion, Justice Elena Kagan wrote that in order to make a judgment as to whether those laws were unconstitutional, “a court must determine a law’s full set of applications, evaluate which are constitutional and which are not, and compare the one to the other.”The two cases center on social media regulation laws in Florida and Texas that placed restrictions on social media companies and how they moderate content on their platforms.
While additional proceedings will be set to take place in the future, NetChoice, which represents companies like Meta, Google and X, celebrated the Supreme Court decision.