On Monday, the US Supreme Court directed lower courts to reassess two state laws, backed by Republicans, which impose restrictions on how social media companies moderate content. The Court sidestepped making a direct ruling on the constitutional validity of these laws.
The laws, enacted in 2021 by conservative lawmakers in Florida and Texas, were challenged by tech industry trade groups who welcomed the Supreme Court’s decision.
These laws are part of a larger conservative effort to counteract what they perceive as anti-conservative bias on major social media platforms, such as Facebook, owned by Meta, and X, previously known as Twitter.
Social media companies have denied accusations of censoring conservative viewpoints under the guise of content moderation. Their advocates argue that the state laws infringe upon the platforms’ own First Amendment rights under the US Constitution.
By not ruling on the constitutionality of these state laws, the Supreme Court has left them in a state of uncertainty and instructed lower courts to conduct a thorough review.
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Florida’s law prohibits social media platforms from removing content posted by politicians. This legislation was passed following the suspension of former President Donald Trump from Twitter and Facebook after the January 6, 2021, attack on the US Capitol.
In Texas, the law prevents social media sites from removing content based on “viewpoint,” aiming to address conservative concerns about censorship on platforms like Facebook and YouTube.
Due to ongoing litigation, neither law has been implemented. The challenges to these laws were brought forth by the Computer & Communications Industry Association (CCIA) and NetChoice, associations representing major tech companies. They argue that the First Amendment grants these platforms the freedom to manage content as they see fit.
“We are encouraged that a majority of the court has made clear that the government cannot tilt public debate in its favored direction,” stated CCIA president Matt Schruers. “There is nothing more Orwellian than government attempting to dictate what speech should be carried, whether it is a newspaper or a social media site.”
Tech advocacy groups also welcomed the decision. Nora Benavidez of Free Press said, “The government does not have the right to impose rules on how companies like Meta and Google should accomplish platform accountability measures.” She added that these laws would have increased hate and disinformation online while undermining the First Amendment.
However, some warned that the decision shouldn’t absolve tech companies of their responsibility to public safety and democracy. Nicole Gill of Accountable Tech emphasized:
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“This is not an excuse for platforms to continue to shrug off their role in the desecration of democracy and proliferation of societal harms.”
This decision follows the Supreme Court’s rejection of a Republican bid to limit government contact with social media companies, allowing the Biden administration to continue notifying platforms about false or hateful content ahead of the November presidential election.