WASHINGTON – The Supreme Court on Monday avoided a final determination on whether Republican-backed laws in Florida and Texas that seek to regulate social media companies’ content moderation practices violate constitutional protections for free speech.
Instead, the justices sent the two related cases back to the lower courts for further deliberations on the legal questions raised under the Constitution’s First Amendment.
Justice Elena Kagan, writing for the court in a ruling that addressed both cases, said “there is much work to do” before the justices can determine whether the laws should be struck down.
The court indicated that the Texas law in particular is vulnerable, with Kagan saying it is “unlikely to withstand First Amendment scrutiny.”
The justices were unanimous in the outcome, although only five other justices joined Kagan’s majority opinion.
At issue are sections of laws that restrict platforms from blocking certain problematic users or limiting the reach of their posts.
Some judges expressed free speech concerns regarding the laws during oral arguments in February, although there were also concerns that some provisions might be legal.
The laws may have some legitimate applications against other platforms or services, including messaging apps, which could mean the court is unable to strike them down, some judges suggested.
The two interconnected cases highlight the growing power of social media platforms and concerns raised by conservatives that moderation policies disproportionately affect them.
In another case addressing related issues, the justices last week rejected an attempt by Republicans to limit contact between the Biden administration and social media companies. Republicans alleged that the government coerced platforms into removing certain content it opposes on issues like Covid-19.
Trade groups NetChoice and the Computer and Communications Industry Association, known as CCIA, have challenged the Texas and Florida laws, saying they infringe on companies’ free speech rights by restricting their ability to choose what content they want to publish on their websites. platforms.
The First Amendment’s free speech protections apply only to government actions, not those of corporations.
The laws were enacted by Republican-led states in 2021 after Twitter, Facebook and others banned former President Donald Trump after his efforts to overturn the 2020 presidential election culminated in the storming of the U.S. Capitol by his supporters on January 6, 2021.
In a move that somewhat undermined the justification for passing the laws, Twitter was taken over the following year by billionaire Elon Musk, who allied himself with the platform’s conservative critics and allowed several banned users to return.
Both laws impose restrictions on content moderation and require companies to provide individualized explanations to users when content is removed.
Florida law prevents companies from banning public figures running for political office and restricts “shadow banning,” whereby certain user content is difficult for other users to find, which the state says are forms of censorship.
Texas law prevents platforms from banning users based on opinions they express. Each law requires companies to disclose their moderation policies.
In their legal arguments, the states equated social media companies with the telecommunications industry, which broadcasts speech but has no editorial input. These “common carriers” are heavily regulated by the government and do not involve free speech issues.
Emphasizing the politicized nature of the cases, President Joe Biden’s administration filed a petition supporting legal challengeswhile Trump supported the laws.
In an earlier stage of the litigation, the Supreme Court in May 2022 blocked the Texas law from going into effect. An appeals court also blocked the Florida law.
The cases did not address another controversial issue: the legal immunity that Internet companies have long enjoyed from content posted by their users. Last year, the court also avoided a decision on this issue.
This story originally appeared on NBCNews.com read the full story
