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EXPLAINED: 4 | Vintage Vibes

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

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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

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.

Reason

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

The Independent UK

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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.

Roll Call

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

The Independent UK

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 Guardian - US

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

The Independent UK

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.

Reason

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.

Chicago Sun-Times

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

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

The Conversation

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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…

The Independent UK

Here are some of the biggest Supreme Court cases to watch this term

Justices will hear questions involving Donald Trump’s eligibility for office, abortion rights, gun ownership, the First Amendment and other major cases

Reason

Defenders of the Florida and Texas Social Media Laws Contradict Themselves

If Facebook et al. are pushing a "radical leftist narrative," why don’t they have a constitutional right to do that?

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Reason

Supreme Court Will Consider Cases Challenging Florida and Texas Social Media Laws

The laws require major social media platforms to host content they disapprove of for substantive reasons.

Reason

Federal Judge Blocks California Online Age-Checking Law as Unconstitutional

Shielding children from “harm” shouldn’t come at the expense of speech protected by the First Amendment.

Reason

Free Speech, Social Media Firms, and the Fifth Circuit

The Fifth Circuit was right to rule it was illegal for the federal government to coerce social media firms, but wrong to uphold a Texas law requiring those firms to post material they prefer to keep out.

Reason

In Scathing Rulings, Federal Courts Block Arkansas and Texas Age Verification Laws

Plus: Meta revises controversial "dangerous organizations" policy, a win against civil asset forfeiture in Detroit, and more...

The Independent UK

Judge blocks Arkansas law requiring parental OK for minors to create social media accounts

A federal judge has blocked Arkansas from enforcing a new law that would have required parental consent for minors to create new social media accounts

Reason

Appeals Court Rules in Much-Anticipated Abortion Pills Case

Plus: Court urged to stop Arkansas' social media age verification law from taking effect in September, legalizing medical marijuana linked to lower insurance premiums, and more...

Fortune

Why U.S. Big Tech is backing TikTok in its Montana ban battle

Industry groups warn of "a balkanized internet."

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People

Sarah Huckabee Sanders

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