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The Latest Breaking News from NetChoice

A striking characteristic of last month's oral arguments in the content-moderation cases was the uncertainty about facts. In Moody v. NetChoice and NetChoice v. Paxton, it was really unclear what the effect of the laws would be in practice. Which businesses and business models would be affected, and how—all of…

Reason

Free Speech Unmuted: Deplatformed: The Supreme Court Hears Social Media Oral Arguments

https://www.youtube.com/watch?v=moLCz7C6_gQ This episode is about the Netchoice cases, and was recorded right after the oral arguments. You can watch on YouTube, or subscribe on any podcast platform. It's put together by the Hoover Institution at Stanford University, where I'll be starting as the Thomas M. Siebel Senior Fellow in May.

Reason

Supreme Court Looks Poised To Gut Restrictive Social Media Laws

The First Amendment restricts governments, not private platforms, and respects editorial rights.

Reason

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Texas and Florida Say the First Amendment Must Be Sacrificed to Save It

Supreme Court arguments about two social media laws highlight a dangerous conflation of state and private action.

Reason

Most Justices Seem Skeptical of the Florida and Texas Social Media Laws

The Supreme Court seems inclined to recognize that content moderation is protected by the First Amendment.

Reason

Texas and Florida Want the Supreme Court To Bless Their Unconstitutional Social Media Laws

Both states are trying to force tech companies to platform certain sorts of speech.

Reason

SCOTUS' social media moderation case

SCOTUS hears challenge to Texas law restricting large social media companies from banning political posts or users

Salon

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Supreme Court grapples with state social media content laws - Roll Call

The Supreme Court appeared reluctant Monday to issue a ruling that would shake up how social media companies operate.

Roll Call

US supreme court appears skeptical of social media content moderation laws

World’s biggest social media firms challenge state laws blocking them from moderating certain content or banning users

The Guardian - US

Supreme Court justices appear skeptical of Texas and Florida social media laws

These cases raise a critical question for the First Amendment and the future of social media: whether states can force the platforms to carry content they find hateful or objectionable.

WEKU

Does the First Amendment apply to social media moderation? The U.S. Supreme Court will decide.

In 2021, Texas passed a law restricting large social media companies from banning political posts or users. On Monday, the U.S. Supreme Court heard a legal challenge to the state law.

The Texas Tribune

Supreme Court to hear arguments on online content moderation - Roll Call

Two cases on tap Monday pit Texas and Florida laws against First Amendment rights of large internet companies.

Roll Call

Kids Have First Amendment Rights Too, Federal Judge Reminds State Lawmakers

Banning people under age 16 from accessing social media without parental consent "is a breathtakingly blunt instrument" for reducing potential harms, the judge writes.

Reason

Disney Loses First Amendment Claim over Florida's Cancellation of Special Government District that Disney Controlled

From yesterday's decision by Judge Allen Winsor (N.D. Fla.) in Walt Disney Parks & Resorts U.S., Inc. v. DeSantis; I expect Disney will appeal (see also Adam Schulman's and Dilan Esper's analyses of this in April 2022, which proved prescient, and also my April 22 discussion of some alternative arguments):…

Reason

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Reason

Utah Would Rather Repeal Social Media Age Check Law Than Defend It In Court

Laws like Utah's would require anyone using social media to prove their age through methods such as submitting biometric data or a government-issued ID.

The Independent UK

A judge has temporarily halted enforcement of an Ohio law limiting kids’ use of social media

A federal judge has temporarily halted enforcement of an Ohio law that would require children under 16 to get parental consent to use social media apps

Roll Call

Advocates push for federal online safety laws as states take lead - Roll Call

At least 15 states have pursued legislation that would require online companies to protect the safety of kids using their platforms.

The Independent UK

A group representing TikTok, Meta and X sues Ohio over new law limiting kids' use of social media

A trade group representing TikTok, Snapchat, Meta and other major tech companies has sued Ohio over a pending law that requires children to get parental consent to use social media apps

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The Guardian - US

How 2023 became the year Congress forgot to ban TikTok

Momentum seemed to be with US lawmakers as they planned to stop 150m Americans from using TikTok. What happened?

The Independent UK

A group representing TikTok, Meta and X sues Utah over strict new limits on app use for minors

A trade group that represents TikTok and other major tech companies has sued Utah over its first-in-the-nation laws requiring children to get parental consent to use social media apps

Reason

Cato Amicus Brief in the Texas and Florida Social Media Cases

The brief urges the Supreme Court to reverse its badly misguided precedent in Pruneyard v. Robins.

Chicago Sun-Times

Supreme Court will decide on First Amendment protections for social media

The court has the opportunity to reexamine the nature of content moderation and the constitutional limitations of the government regarding speech on platforms such as Facebook, X, TikTok, and Instagram.

The Conversation

Supreme Court to consider giving First Amendment protections to social media posts

The First Amendment does not protect messages posted on social media platforms.

Reason

Journal of Free Speech Law: "Carriage and Removal Requirements for Internet Platforms: What Taamneh Tells Us," by Daphne Keller

This just-published article is here; the Abstract: The Supreme Court's 2023 Twitter v. Taamneh ruling arrived at a moment of potentially great change in the laws governing Internet platforms. The ruling, including Justice Thomas's factually dubious descriptions of platforms as passive and agnostic toward user content, will have major influence…

Reason

Journal of Free Speech Law: "Platform Transparency and the First Amendment," by Daphne Keller

The article, which is directly relevant to the Netchoice cases that the Court will consider this Term, is here; here's the Introduction: Major U.S. platforms can powerfully influence public discourse by removing, promoting, and otherwise moderating users' online speech. Better information about their content moderation would help policymakers enact better…

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