SCOTUS to Hear Social Media Censorship Cases

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Facts

  • The US Supreme Court (SCOTUS) on Monday began hearing two cases regarding laws in Florida and Texas that attempt to block social media companies from banning accounts and restricting political speech. A ruling is expected by June.1
  • The two plaintiffs — the trade groups NetChoice and the Computer & Communications Industry Association — are challenging a Florida law prohibiting the permanent banning of political candidates and a Texas law prohibiting any bans based on viewpoint.2
  • The laws also require tech companies to give explanations for each case of censorship or banishment. While the trade associations argue this is infeasible, Florida claims that if they can ban hundreds of millions of posts daily, they can also explain why.3
  • This comes as separate federal appeals courts have made opposing rulings on whether these provisions violate the First Amendment. While the 11th Circuit blocked Florida from enforcing most of the bill, the Fifth Circuit upheld the Texas law — which SCOTUS put on hold in 2022.4
  • Texas and Florida represent a growing trend of conservative states trying to weaken tech companies' ability to restrict content. Meanwhile, liberal states like New York and California are passing laws encouraging censorship of what they deem violent or harmful content.5
  • Another constitutional battle at the Supreme Court over online free speech is set to start next month, as two other red states — Louisiana and Missouri — have filed a lawsuit claiming that the Biden administration colluded with social media companies to fight alleged COVID misinformation, thus breaching the First Amendment.6

Sources: 1Forbes, 2New York Times, 3USA Today, 4SCOTUSblog, 5Washington Post and 6Wall Street Journal.

Narratives

  • Left narrative, as provided by POLITICO. The First Amendment applies to both individuals and companies, which is why social media platforms have a right to restrict harmful speech that could hurt their business — such as Nazi or terrorist propaganda. This is also a nonissue, as several new platforms have emerged specifically meant to support the right-wing ecosystem. Twitter, too, has not only become X but also a safe haven for far-right figures. No government should be allowed to dictate how certain platforms curate their websites.
  • Right narrative, as provided by FOX News. The issue at hand has to do with being a common carrier versus a publisher. While common carriers such as telecommunications companies have no control over what their customers say over the phone, they're also not liable for what is said. Publishers — like newspapers — have complete control over what content they promote, but they can also be sued for liability. Big Tech has enjoyed the luxury of both for years, and all Texas and Florida are asking is for them to pick one.

Predictions