Social Media Common Carrier
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.
Social Media, Freedom of Speech, and Common Carriers: Response to Adam Candeub
If adopted by the Supreme Court, Prof. Candeub's approach would be a grave menace to freedom of speech.
Christopher Yoo on Regulating Social Media Platforms as "Common Carriers"
The Univ. of Pennsylvania legal scholar makes the most thorough critique yet of this approach to justifying regulations that bar social media firms from engaging in most types of content moderation.
More on Coercion, Social Media, and Freedom of Speech: Rejoinder to Philip Hamburger
Prof. Hamburger continues to conflate coercion and voluntary choice.
Supreme Court Seems Likely to Strike Down Florida and Texas Social Media Laws
The laws violate the First Amendment because they require social media sites to abjure most content moderation, and platform speech they disapprove of.
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.
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.
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.
FIRE Podcast on Free Speech and the Texas Social Media Law
The podcast is a debate between legal scholar Brad Smith and myself.
Texas Can't Start Enforcing Social Media Law, Says SCOTUS
Plus: Who's bringing fentanyl across the border? Will Austin become a sanctuary city for abortion? And more...
Thoughts on the Supreme Court's Reinstatement of the Preliminary Injunction Against the Texas Social Media Law
The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.
Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents
Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."
Federal Judges Block Parts of Florida Law That Force Social Media To Carry Political Messages
A new ruling says Twitter and Facebook are not “common carriers" and thus cannot be forced to carry politicians' messages.
When Is it a Taking of Private Property to Bar a Property Owner from Excluding Unwanted Visitors?
Understanding the scope of Cedar Point Nursery v. Hassid.
Republicans Defend Texas Social Media Law—and Compelled Speech
Plus: Twitter defends user anonymity, Oklahoma legislature approves abortion ban, and more...
Why the Texas Social Media Law is a Menace to Freedom of Speech
The law forces social media firms to host and promote speech they oppose, and would set a dangerous precedent if upheld by the courts.
Elon Musk Is a Wild Card. Good.
Comparing Elon Musk and Barack Obama underscores why entrepreneurs, not politicians, are the more effective agents of social change.
Journal of Free Speech Law Public Conversations with Authors
The first will be with Jane Bambauer, Ash Bhagwat, Christopher Yoo, and me, this Tuesday at noon Pacific.
