The Supreme Court struck down two laws passed by Republican statehouses meant to curb perceived censorship by social media platforms onThe court ruled in the twin cases of Moody v. NetChoice and NetChoice v. Paxton that anti-censorship laws passed in Florida and Texas violated the First Amendment rights of social media platforms by limiting their ability to exercise editorial judgment over what content users shared.
At issue were two laws passed by Republicans in 2021 in response to the perception among conservatives that their views were being censored by big social media platforms like Facebook, YouTube, Twitter and other sites. The laws aimed to block digital platforms from banning, removing or hiding content based on the political viewpoint expressed.
NetChoice, a lobbying group for the tech industry, sued to overturn the laws by arguing that platforms have a First Amendment right to control the content posted by users. The lobbying group claimed that content moderation decisions made by platforms are no different from the “editorial discretion” exercised by newspapers when they determine what stories or editorials to run and where to place them.
Florida and Texas, however, argued that the platforms should not be viewed as akin to newspapers but rather to other telecommunications platforms like the telephone or telegraph. Like other telecommunications platforms, states should be allowed to regulate digital platforms as common carriers by forbidding them to discriminate in the content they transmit.
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