The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

S. Ct. Will Consider Constitutionality of Laws Limiting Social Media Platform Moderation Decisions

|

The Supreme Court has just agreed to hear these cases, limited to these questions (as articulated by the Solicitor General's brief for the federal government):

These cases concern laws enacted by Florida and Texas to regulate major social media platforms like Facebook, YouTube, and X (formerly known as Twitter). The two laws differ in some respects, but both restrict platforms' ability to engage in content moderation by removing, editing, or arranging user-generated content; require platforms to provide individualized explanations for certain forms of content moderation; and require general disclosures about platforms' content-moderation practices. The questions presented are:
1. Whether the laws' content-moderation restrictions comply with the First Amendment.
2. Whether the laws' individualized-explanation requirements comply with the First Amendment.

The Court declined to grant review on two other questions, though they might still indirectly play a role in the analysis of the first two questions:

3. Whether the laws' general-disclosure provisions comply with the First Amendment.
4. Whether the laws violate the First Amendment because they were motivated by viewpoint discrimination.

I'm traveling today, so I don't have much to add right now, but I thought I'd put up a post so our readers can discuss the matter. I've also written a law review article on this general topic, in Treating Social Media Platforms Like Common Carriers?