Opinion: How the Supreme Court should rule on Texas and Florida laws against social media moderation
LA TimesThe Supreme Court heard oral arguments Monday in two cases that could have a profound effect on the future of the internet and social media. The cases — NetChoice vs. Paxton and Moody vs. NetChoice — involve laws in Texas and Florida that prohibit social media companies from removing content from their platforms, clearly violating the 1st Amendment rights of private companies. The Texas law bars social media platforms with at least 50 million active users — such as Facebook, X and YouTube — from removing content based on the views expressed. In considering the Texas law, however, the 5th Circuit Court of Appeals ruled that social media companies are, like phone companies, “common carriers” and can therefore be prevented from removing content. An alternative is to prohibit content moderation, requiring social media platforms to carry everything unless it falls into narrow categories of speech that is not protected by the Constitution.