Supreme Court frowns on Florida, Texas laws barring social media from moderating content

The U.S. Supreme Court justices showed scant enthusiasm for Florida and Texas laws preventing social media companies from moderating content from users on their sites. In oral arguments, several justices made distinctions between unconstitutional government censorship and decisions by private companies to allow certain types of speech on their sites. (The New York Times, February 26, 2024, by Adam Liptak)

Responding to comments from fellow justices that social media moderation was censorship,” Justice Brett Kavanaugh said, “When the government censors, when the government excludes speech from the public square, that is obviously a violation of the First Amendment. When a private individual or private entity makes decisions about what to include and what to exclude, that’s protected generally editorial discretion, even though you could view the private entity’s decision to exclude something as ‘private censorship.'”(Reason, February 27, 2024, by Ilya Somin)

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