US Supreme Court to weigh state laws constraining social media companies

The U.S. Supreme Court has agreed to hear cases involving Republican-backed state laws in Texas and Florida that restrict social media companies from moderating content on their platforms. The laws in question, passed in 2021, have been deemed unconstitutional by some lower courts, while others have upheld them.

The cases have been brought forth by industry groups NetChoice and the Computer & Communications Industry Association, whose members include giants such as Facebook, Google, TikTok, and X (previously known as Twitter). They argue that these laws infringe upon the First Amendment rights of these companies.

Supporters of the laws claim that social media platforms engage in censorship and have silenced conservative voices. However, advocates for content moderation argue that it is necessary to combat misinformation and the spread of extremist ideologies.

The Biden administration has weighed in on the matter, stating in a court filing that the laws place an undue burden on social media companies and their rights. The Justice Department argued that when platforms select and edit content for public consumption, they are engaging in protected speech under the First Amendment.

The cases will test the argument made by industry groups that social media platforms have editorial discretion and the First Amendment protects this discretion, preventing governments from forcing the companies to publish content against their will. The companies claim that without moderation, their platforms would become inundated with spam, bullying, extremism, and hate speech.

Critics of “Big Tech” point to instances like the suspension of former President Donald Trump’s Twitter account shortly after the January 6, 2021, attack on the U.S. Capitol as an example of censorship. The platform cited concerns of incitement of violence at the time. Trump’s account has since been reinstated under Elon Musk, the current owner of the platform, which is now called X.

The Texas law prohibits social media companies with at least 50 million monthly active users from censoring users based on their viewpoint. It also allows users or the Texas attorney general to sue in order to enforce the law. Meanwhile, Florida’s law requires large platforms to host speech they may otherwise prefer not to host, specifically banning the censorship or banning of political candidates or journalistic entities.

Both laws also impose onerous disclosure requirements on the platforms.

Florida is seeking to reinstate its law after an appeals court ruled against it. The industry groups are appealing a decision by a different appeals court that upheld the Texas law, which was previously blocked by the Supreme Court at an earlier stage of the case.