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The Latest Breaking News from NetChoice

California Social Media Platform Reporting Mandate Likely Violates the First Amendment

The mandate required platforms to, among other things, report to the state "how the terms of service define and address (a) hate speech or racism; (b) extremism or radicalization; (c) disinformation or misinformation; (d) harassment; and (e) foreign political interference, as well as statistics on content that was flagged by…

Biskupic Part III Confirms What We Already Knew: Justice Alito Lost Majority Opinions in NetChoice and Trevino.

There is little here that can't be gleaned from the docket and the split opinions.

Tech groups challenge Texas law requiring parental consent for kids’ social media accounts

In a lawsuit, the industry groups argue a new state law violates First Amendment free speech rights.

The Texas Tribune

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Tech groups, others plan full fight over kids’ online safety bills - Roll Call

Opponents say they will challenge on constitutional grounds bills intended to protect kids online that are set for a Senate vote.

Rahimi and NetChoice: Why Is The Facial Challenge Bar Lowered For The First Amendment and Not The Second Amendment?

The right to keep and bear arms remains a second-class right.

Making Sense of Justice Barrett's NetChoice Concurrence

I don't get the random questions Justice Barrett raises, and I'm not sure why she didn't mention her reservations in Hansen..

Making Sense of the Moody Opinions In NetChoice

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

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Judges Block Indiana and Mississippi Age Verification Laws for Porn, Social Media

And the Supreme Court agrees to weigh in.

Which Circuit Had The Highest Reversal Rate?

It was not the Fifth Circuit.

Did Justice Alito Lose The Majority Opinions In Trevino and NetChoice?

Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.

The Supreme Court's Reasoning Prohibits the Deplatforming Limits that the Parties Care About

As the Moody v. NetChoice majority noted, the parties focused on Facebook's and YouTube's main feeds. The majority similarly focused on those main feeds in its extensive discussion of First Amendment principles, and, as co-blogger Ilya notes, it left little doubt about the unconstitutionality of the Texas and Florida statutes…

Federal judge halts Mississippi law requiring age verification for websites

Federal judge halts Mississippi law requiring age verification for websites

A federal judge has blocked a Mississippi law that would require users of websites and other digital services to verify their age

The Independent UK

Supreme Court kicks cases about tech companies’ First Amendment rights back to lower courts − but appears poised to block states from hampering online content moderation

Supreme Court kicks cases about tech companies’ First Amendment rights back to lower courts − but appears poised to block states from hampering online content moderation

The U.S. Supreme Court has sent back to lower courts the decision about whether states can block social media companies such as Facebook and X, formerly Twitter, from regulating and controlling what users can post on their platforms.

The Conversation

When May Law Require Social Media Platforms to Disclose Basis for Moderation Decisions?

From the majority in Moody v. Netchoice, LLC: The laws, from Florida and Texas, restrict the ability of social-media platforms to control whether and how third-party posts are presented to other users … [including by] requir[ing] a platform to provide an individualized explanation to a user if it removes or…

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Supreme Court Remands Texas and Florida Social Media Cases—But Strongly Suggests the States' Laws Violate the First Amendment

The majority opinion makes clear that social media content moderation is an activity protected by the First Amendment. That likely dooms large parts of the state laws restricting content moderation.

S. Ct. Recognizes Platforms' Right to Choose What Appears in "Curated Feeds," Doesn't Resolve Other Content Moderation Questions

In today's Moody v. Netchoice, LLC, the Supreme Court sent back to lower courts the cases considering whether (and when) the Florida and Texas limits on social media content moderation are constitutional. The decision was complicated and limited, so here's a general summary. [1.] Remember that the lawyer's true superpower…

Social Media Moderation Is Speech, Says Supreme Court

The Court is remanding these two cases for more analysis—but it made its views on some key issues clear.

Four Justices in Netchoice Flag Question Whether First Amendment Protects AI-Curated Materials

From Justice Barrett's concurrence in today's Moody v. Netchoice, LLC: Consider, for instance, how platforms use algorithms to prioritize and remove content on their feeds. Assume that human beings decide to remove posts promoting a particular political candidate or advocating some position on a public-health issue. If they create an…

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Final Predictions For the Final 3 Cases

Monday, Monday, Monday! Trump, NetChoice, Corner Post!

Predictions For The Final 6 Cases

Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.

The Guardian - US

New York signs parental control of ‘addictive’ social media feeds into law

Bills signed by Kathy Hochul lets parents restrict children from suggested posts and adds limits on use of minors’ data

The Independent UK

New York moves to limit 'addictive' social media feeds for kids

New York's governor has signed a bill that would allow parents to block their children from getting social media posts suggested by a platform’s algorithm, a move to limit feeds critics argue are addictive

The Division of Oral Arguments in the Office of Solicitor General (OT 2001-OT 2023)

The Office of the Solicitor General (OSG) presents oral arguments on behalf of the federal government in almost all cases before the Supreme Court. There are a few outliers. The Attorney General on occasion has argued one case during his or her tenure. And in rare cases, an attorney from…

Internet Trade Group Sues Georgia Over Online Sales Law

NetChoice challenges Georgia law requiring online sellers to provide transaction data, citing conflicts with federal law and First Amendment concerns. Laws...

The Independent UK

Mississippi is the latest state sued by tech group over age verification on websites

A tech industry group says a new Mississippi law requiring users of websites and other digital services to verify their age will unconstitutionally limit access to online speech for minors and adults

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