The U.S. Supreme Court ruled that social media platforms are like traditional publishers and therefore entitled to First Amendment protections in moderating content. Texas and Florida passed laws regulating content moderation of social media companies out of concern that the platforms were restricting conservative viewpoints, but the court stated “the government cannot get its way just by asserting an interest in better balancing the marketplace of ideas.” (The Verge, July 1, 2024, by Lauren Feiner)
Eric Goldman in Technology & Marketing Law Blog, July 1, 2024, predicts that the ruling will most likely end the Texas and Florida censorship efforts. Goldman says the court’s failure to resolve the case definitively will mean years of dealing with the flood of internet censorship laws flooding the country.
Law professor Tim Wu writes in The New York Times, July 2, 2024, that in recent times the First Amendment is not so much a protection for dissenters but a tool for “legislative nullification” that protects corporations. “Nearly any law that has to do with the movement of information.” writes Wu, “can be attacked in the name of the First Amendment.” While he also opposes the government censorship of the Texas and Florida laws, Wu says that the ruling was far too sweeping and could threaten protections of national security and privacy of citizens.