Supreme Court Unanimously Sends Back NetChoice Cases on Florida, Texas Social Media Laws

Jul 1, 2024, 02:56 PM

The U.S. Supreme Court has unanimously decided 9-0 to send back two significant cases involving state social media laws in Florida and Texas to lower courts for further review. The cases, which were consolidated under the name NetChoice, involve Republican-backed laws aimed at restricting social media companies from moderating content deemed objectionable. The Supreme Court held that neither the Fifth Circuit nor the Eleventh Circuit applied the correct test in their initial rulings. Justice Kagan's majority opinion emphasized that a state cannot interfere with private actors' speech to advance its own vision of ideological balance. The Court's decision highlights the complexity of the First Amendment issues at play and notes that the laws in question face a substantial First Amendment hurdle. The ruling also indicates that social media platforms like Meta and Alphabet’s Google have the right to curate and edit the speech of others. The cases have been vacated and remanded for proper analysis of the facial First Amendment challenges and facial relief. Both sides have claimed victory following the decision.