The US Supreme Court has announced it will weigh in on the legality of state laws in Texas and Florida, which limit social media companies' ability to moderate content, within its upcoming nine-month term. Two cases brought by technology industry groups, including NetChoice and the Computer & Communications Industry Association (CCIA), argue that these state laws, enacted in 2021, violate the First Amendment's free speech protections.

The Texas law prohibits social media companies with over 50 million monthly active users from censoring users based on their viewpoints. It allows users or the Texas attorney general to sue to enforce the law. Florida's law requires large platforms to host specific speeches they might otherwise prefer not to host, such as those of political candidates or journalistic enterprises.

Why does it matter?

The lower courts have issued conflicting decisions regarding these laws. Florida's law has seen specific provisions invalidated, while the Texas law has been upheld. Supporters of these laws argue that social media platforms engage in censorship and suppress conservative voices, citing incidents like the suspension of then-President Donald Trump's Twitter account following the January 6, 2021, attack on the US Capitol as an example of censorship. On the other hand, advocates of content moderation emphasize its necessity in countering misinformation and extremist content. The Supreme Court's ruling will determine how governments can regulate content on private platforms, providing clarity on the issue.