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THE TRUTH ABOUT: 3 - The Untold Story

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…

Reason

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.

Reason

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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…

Reason

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.

Reason

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…

Reason

Final Predictions For the Final 3 Cases

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

Reason

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Predictions For The Final 6 Cases

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

Reason

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 Guardian - US

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 Independent UK

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…

Reason

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...

Top News

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

The Independent UK

New York considers regulating what children see in social media feeds

New York lawmakers say they are finalizing legislation aimed at giving parents more control over what their kids see on social media

The Independent UK

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The Guardian - US

Battle lines drawn as US states take on big tech with online child safety bills

Nine states are hashing out bills to protect minors online. Tech companies are fighting the laws with everything they’ve got

Reason

FIRE Highlights the Blatant Hypocrisy of State Officials Who Decry Government Meddling With Social Media

Even as they attack the Biden administration's crusade against "misinformation," Missouri and Louisiana defend legal restrictions on content moderation.

Reason

More Facts, Please

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.

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Reason

Supreme Court Looks Poised To Gut Restrictive Social Media Laws

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

Reason

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.

Salon

SCOTUS' social media moderation case

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

Roll Call

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.

The Guardian - US

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

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Ketanji Brown Jackson

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