On Friday, September 29th, the US Supreme Court agreed to assess whether a pair of controversial laws from Texas and Florida were constitutionally sound. These laws would regulate how social media companies such as Facebook, Twitter, YouTube, and TikTok could control and censor content posted on their sites. These laws were prompted by an influx of Republican claims that these platforms were stifling their beliefs.
The first case, a Texas law enacted in 2021 called H.B. 20, regulates platforms with over 50 million monthly active users from removing content based on the user’s views. It also requires a platform to explain why a user’s post was removed and share how content is moderated. The second case is a Florida law known as S.B. 7072 which disallows social media companies from banning political candidates and journalistic enterprises.
Varying technology companies have gone to federal court to challenge these cases. They contend that it is their First Amendment right to moderate what can appear on their separate platforms. The Supreme Court put the Texas law on hold in a 5-4 vote last year, and the US Court of Appeals for the 5th Circuit upheld it on September 16th, 2022. Florida requested the justices weigh in after they were blocked from enforcing their law.
However, a brief filed by a United States Solicitor recommended that the court investigate whether laws like this violate the First Amendment. They also question if it is constitutional for states to require social media companies to have the ability to remove and edit the content of their sites restricted and to have them explain decisions to remove or demonetize such content. Arguments regarding these cases will likely be heard early next year. Decisions in this case could vastly change or set new precedents for laws regarding social media regulation in the future and even interpretations of the First Amendment when applied to social media.
