The United States Supreme Court has refrained from making a definitive ruling on whether Republican-backed laws restricting social media platforms’ ability to moderate content violate free speech, sending the issue back to lower courts for further review.
On Monday, the Court instructed the Courts of Appeals for the 5th and 11th Circuits to re-examine the laws in Texas and Florida, arguing that the lower courts had not adequately addressed whether the statutes align with the First Amendment of the US Constitution. Although the Supreme Court did not rule on the laws’ constitutionality, the unanimous decision supported the rights of platforms like Facebook, TikTok, and YouTube to curate content on their sites.
Justice Elena Kagan, writing for the court, emphasized that social media companies should have similar editorial discretion as newspapers. She stated that the First Amendment “does not go on leave when social media are involved,” and maintained that the transition from physical to virtual platforms does not change the principle of editorial freedom. Her opinion was signed by five of the nine justices.
The laws in question were enacted by Florida and Texas amid allegations by conservatives that major tech companies frequently suppress right-wing viewpoints while favoring liberal perspectives. These laws were signed by Republican Governors Ron DeSantis of Florida and Greg Abbott of Texas shortly after Facebook and X (formerly Twitter) banned former President Donald Trump for his posts related to the January 6, 2021, attack on the US Capitol by his supporters.
The Biden administration opposed these state laws, supporting the tech industry’s largest lobbying groups in their legal challenges. Following these challenges, the 11th Circuit appeals court struck down Florida’s law, while the 5th Circuit appeals court upheld the Texas statute.
As a result of the Supreme Court’s decision, the Texas and Florida laws remain in place but are currently on hold due to injunctions imposed by lower courts.
Chris Marchese, director of the NetChoice Litigation Center, remarked that the Supreme Court had upheld the “Constitution’s unparalleled protections for free speech, including the world’s most important communications tool, the internet.” Matthew Schruers, president and CEO of the Computer & Communications Industry Association, expressed optimism that the court clarified states have no right to bias the marketplace of ideas, but acknowledged that the battle is not over.
Texas Attorney General Ken Paxton vowed to continue fighting for the Texas law, condemning tech company censorship as “one of the biggest threats to free public discourse and election integrity.” He declared on X, “No American should be silenced by Big Tech oligarchs.”