The Supreme Court declined to decide whether Texas and Florida laws regulating social media moderation policies violate the First Amendment. But the big news was what the court did say.
In what some saw as anticlimactic, the Supreme Court last Monday declined to decide whether Texas and Florida laws regulating social media moderation policies violate the First Amendment. But the big news from these consolidated cases was what the court did say. Justice Elena Kagan’s majority opinion in Moody v. NetChoice , made clear that the First Amendment 'does not go on leave when social media are involved.
' WALL STREET JOURNAL KNOCKS SUPREME COURT FOR GIVING BIDEN ADMINISTRATION ‘LICENSE FOR SOCIAL MEDIA CENSORSHIP’ True, the court left an ultimate decision on the constitutionality of the Florida and Texas laws for another day. The lower courts will have to conduct a searching examination of the two statutes to determine how far they reach and to what extent they regulate protected editorial activity.
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