SCOTUS reviews social media bans in FL and CA
OAN’s Brooke Mallory
5:46 PM – Monday, February 26, 2024
After lower courts delivered conflicting rulings, the Supreme Court heard two issues on Monday that are related to contentious laws imposing social media limits in Texas and Florida.
Even in cases where users transgress platform standards, the laws seek to prevent social media companies from banning users because of their political beliefs.
Should they be upheld, it might make it more difficult for businesses to impose their own policies and change the nature of free expression online.
“These cases are potentially of enormous, enormous scope,” said Scott Wilkens, senior counsel at the Knight First Amendment Institute. “This will be the first time that the Supreme Court really weighs in on the First Amendment rights of social media platforms, and therefore, the shape and contours of free speech online.”
“We knew this day would come,” DeSantis said. “Whatever the court decides, we’re going to make sure that we’re doing everything we can to ensure that people have the right to speak in these public forums.”
Republican condemnation regarding social media companies’ enforcement of regulations towards certain public figures, which resulted in the banning and suspension of conservative leaders in a “politically biased move,” led to the passage of the two laws in 2021.
The uproar intensified when prominent platforms, such as Twitter (now X) and Meta, the parent company of Facebook and Instagram, disabled former President Trump’s social media account due to remarks he made on the U.S. Capitol breach on January 6th, 2021.
In November 2022, Twitter allowed Trump to regain access to his account under Elon Musk’s new ownership. In January 2023, Meta also dropped its ban on Trump.
“Online services have a well-established First Amendment right to host, curate and share content as they see fit,” NetChoice litigation director Chris Marchese said in a statement.
“The internet is a vital platform for free expression, and it must remain free from government censorship,” he added.
Before the end of June, the Supreme Court is anticipated to make a decision in the case.
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What are the First Amendment rights of social media platforms, and how will the Supreme Court’s decision on these cases shape the landscape of free speech online
About the latest developments in the ongoing battle between social media companies and government regulations. After lower courts provided conflicting rulings, the Supreme Court has taken up two cases related to laws imposing social media limits in Texas and Florida.
These contentious laws aim to prevent social media companies from banning users based on their political beliefs, even if they violate platform standards. If upheld, these laws could have significant implications for businesses and the nature of free expression online.
Scott Wilkens, senior counsel at the Knight First Amendment Institute, described these cases as being of “enormous scope.” The Supreme Court’s decision will mark the first time they weigh in on the First Amendment rights of social media platforms, shaping the landscape of free speech online.
The debate surrounding Big Tech’s ability to censor or deplatform individuals for political speech they disagree with has been a hot topic. Laws enacted by Florida and Texas, aimed at protecting individuals from political censorship, will be the focus of the Supreme Court’s consideration.
Governor Ron DeSantis expressed his commitment to ensuring people’s right to speak freely in public forums, regardless of the court’s decision. These laws were passed in response to Republican concerns about the perceived political bias of social media companies, which led to the banning and suspension of conservative leaders.
The banning of former President Trump’s social media accounts by major platforms, including Twitter (now X) and Meta (parent company of Facebook and Instagram), further fueled the controversy. Trump’s remarks about the U.S. Capitol breach on January 6th, 2021, prompted these actions. However, Twitter later reinstated his account under Elon Musk’s ownership, and Meta lifted its ban as well.
Chris Marchese, litigation director at NetChoice, emphasized that online services have the right to host, curate, and share content as they see fit, citing the First Amendment. He argued that the internet should remain free from government censorship.
By the end of June, the Supreme Court is expected to make a decision in these cases, which will have far-reaching consequences. As the situation evolves, it is essential to stay informed about the legal and cultural developments that shape our online spaces and free expression.
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