Supreme Court remands two cases, saying lower courts didn't do full analysis.
Enlarge / The Supreme Court of the United States in Washington, DC, in May 2023. (credit: Getty Images | NurPhoto)
The US Supreme Court has avoided making a final decision on challenges to the Texas and Florida social media laws, but the majority opinion written by Justice Elena Kagan criticized the Texas law and made it clear that content moderation is protected by the First Amendment.
The Texas law "is unlikely to withstand First Amendment scrutiny," the Supreme Court majority wrote. "Texas has thus far justified the law as necessary to balance the mix of speech on Facebook's News Feed and similar platforms; and the record reflects that Texas officials passed it because they thought those feeds skewed against politically conservative voices. But this Court has many times held, in many contexts, that it is no job for government to decide what counts as the right balance of private expression—to 'un-bias' what it thinks biased, rather than to leave such judgments to speakers and their audiences. That principle works for social-media platforms as it does for others."
A Big Tech lobby group that challenged the state laws said it was pleased by the ruling. "In a complex series of opinions that were unanimous in the outcome, but divided 6-3 in their reasoning, the Court sent the cases back to lower courts, making clear that a State may not interfere with private actors' speech," the Computer & Communications Industry Association said.
