Briefs filed in two cases before the Supreme Court that challenge Florida and Texas laws that regulate social media platforms argue that the Laws violate the First Amendment. Clay Calvert in AEIdeas, December 13, 2023, writes “The briefs vividly and comprehensively demonstrate the statutes’ numerous flaws and patent unconstitutionality by invoking multiple doctrines, principles, and concepts: chilling effect, compelled speech, content discrimination, editorial discretion, history and tradition, overinclusiveness, right not to speak, speaker discrimination, strict scrutiny, underinclusiveness, and viewpoint discrimination.”
The Knight Institute filed a brief that holds that the “must-carry” provisions of the Florida and Texas laws are unconstitutional for usurping the editorial judgment of the platforms, but that, if carefully drawn, regulation can uphold democratic values. (Knight First Amendment Institute, December 7, 2023, press release)