Biden administration seeks Supreme Court review of Texas and Florida social media laws.
The Biden Administration Seeks Supreme Court Review of Social Media Laws in Texas and Florida
The Biden administration has taken a stand against two social media laws in Texas and Florida, arguing that they infringe on free speech. Solicitor General Elizabeth Prelogar filed an amicus brief on Monday, urging the Supreme Court to consider the lawsuit brought by conservative technology group NetChoice against these states. The brief contends that both Texas and Florida violate the First Amendment by imposing restrictions on how social platforms regulate and moderate content.
Common Elements of the Laws
While the laws in Texas and Florida may differ in certain aspects, they share three key provisions, as highlighted in the brief. These include:
- Content-moderation provisions: These restrict platforms’ choices regarding the presentation of user-generated content to the public.
- Individualized-explanation provisions: These require platforms to explain specific content-moderation decisions to affected users.
- General-disclosure provisions: These mandate platforms to disclose information about their content-moderation practices.
“The Solicitor General’s brief emphasizes the unconstitutionality of both Texas and Florida’s laws and urges the Court to review our cases,” stated Chris Marchese, NetChoice’s director of litigation. “We strongly urge the Court to strike down these laws and reaffirm that the government cannot control online speech in violation of the Constitution.”
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Details of the Laws in Texas and Florida
In May 2021, Governor Ron DeSantis (R-FL) signed Senate Bill 7072, which enables Florida residents to sue tech companies for up to $250,000 per day if they remove a statewide political candidate from their platform for more than two weeks. The penalty is lower for county or local positions.
In September 2021, Governor Greg Abbott (R-TX) signed House Bill 20, but the Supreme Court temporarily blocked its enforcement. This law prohibits platforms with over 50 million users from banning content based on user viewpoint.
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