Signalling that they would likely consider the case at a later time, the U.S. Supreme Court ruled 5-4 to grant an injunction against a Texas law prohibiting social media platforms from removing posts based on content. (The New York Times, May 31, 2022, by Adam Liptak)
Law professor Ilya Somin in Reason, May 31, 2022, writes that with a 5-4 decision, there is cause to think that at least five justices think the Texas law is unconstitutional and would strike down the law if it gets to the Supreme Court. “One of the criteria for granting a preliminary injunction in federal court,” writes Somin, “is that the plaintiff must prove they are likely to succeed on the merits. The five justices who voted to reinstate the preliminary injunction – Chief Justice Roberts, Breyer, Sotomayor, Kavanaugh, and Barrett – are well aware of this fact. They almost certainly would not have voted as they did unless they believe the law is indeed likely to be unconstitutional.”
Law professor Eric Goldman, June 1, 2022, Technology & Marketing Law Blog, thinks that the 11th circuit ruling in the Florida law on social media may hit the Supreme Court before the Texas law, a better outcome, he says, considering “the strength of the 11th Circuit decision.”