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US Supreme Court set to decide fate of Texas, Florida social media laws
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US Supreme Court set to decide fate of Texas, Florida social media laws
Jul 1, 2024 3:40 AM

WASHINGTON, July 1 (Reuters) - The U.S. Supreme Court is

expected on Monday to rule on the legality of Republican-backed

laws in Florida and Texas intended to restrain social media

companies from curbing content the platforms deem objectionable

- statutes the industry has argued violate the free speech

rights of these businesses.

The justices have been asked to decide whether the two laws

run afoul of protections under the U.S. Constitution's First

Amendment against government restriction of speech, as the

industry argued, by interfering with the editorial discretion of

social media companies. The 2021 laws would put limits on

content-moderation practices by large social media platforms.

The Supreme Court has set Monday as its final day for

decisions in its current term, which began in October.

The laws were challenged by tech industry trade groups

NetChoice and the Computer & Communications Industry Association

(CCIA), whose members include Facebook parent Meta Platforms ( META )

, Alphabet's Google, which owns YouTube, as

well as TikTok and Snapchat owner Snap.

Lower courts split on the issue, blocking key provisions of

Florida's law while upholding the Texas measure. Neither law has

gone into effect due to the litigation.

At issue was whether the First Amendment protects the

editorial discretion of the social media platforms and prohibits

governments from forcing companies to publish content against

their will. The companies have said that without such discretion

- including the ability to block or remove content or users,

prioritize certain posts over others or include additional

context - their websites would be overrun with spam, bullying,

extremism and hate speech.

Many Republicans have argued that social media platforms

stifle conservative voices in the guise of content moderation,

branding this as censorship.

President Joe Biden's administration opposed the Florida and

Texas laws, arguing that the content-moderation restrictions

violate the First Amendment by forcing platforms to present and

promote content they view as objectionable.

Officials from Florida and Texas countered that the

content-moderation actions by these companies fall outside the

protection of the First Amendment because such conduct is not

itself speech.

The Texas law would forbid social media companies with at

least 50 million monthly active users from acting to "censor"

users based on "viewpoint," and allows either users or the Texas

attorney general to sue to enforce it.

Florida's law would constrain the ability of large platforms

to exclude certain content by prohibiting the censorship or

banning of a political candidate or "journalistic enterprise."

Another issue presented in the cases was whether the state

laws unlawfully burden the free speech rights of social media

companies by requiring them to provide users with individualized

explanations for certain content-moderation decisions, including

the removal of posts from their platforms.

This is not the first time the Supreme Court has addressed

free speech rights in the digital age during its current term.

The justices on March 15 decided that government officials

can sometimes be sued under the First Amendment for blocking

critics on social media. In another case, the justices on June

26 declined to impose limits on the way Biden's administration

may communicate with social media platforms, rejecting a First

Amendment challenge to how U.S. officials encouraged the removal

of posts deemed misinformation, including about elections and

COVID.

Florida sought to revive its law after the Atlanta-based

11th U.S. Circuit Court of Appeals ruled largely against it. The

industry groups appealed a decision by the New Orleans-based 5th

U.S. Circuit Court of Appeals upholding the Texas law, which the

Supreme Court blocked at an earlier stage of the case.

Conservative critics of "Big Tech" companies have cited as

an example of what they called censorship the decision by the

platform previously called Twitter to suspend then-President

Donald Trump shortly after the Jan. 6, 2021, attack on the U.S.

Capitol by his supporters, with the company citing "the risk of

further incitement of violence."

Trump's account has since been reinstated under Elon Musk,

who now owns the company renamed X. Trump is the Republican

candidate challenging Biden, a Democrat, in the Nov. 5 U.S.

election.

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