Constitutional Law
Aug. 28, 2023
Whether social media is a private actor or “public square” may finally be resolved
The primary question in two cases from separate circuits is whether laws restricting content-moderation on social media comply with the First Amendment. Given the national importance of this question, and because the parties and the United States agree that certiorari is warranted, the U.S. Supreme Court will likely take up the issue.
An intense national debate has erupted in recent years concerning the role of social media companies in public discourse, and the proper balance between free speech and content-moderation practices.
In 2021, Florida and Texas waded into this debate, enacting laws that restrict major social media platforms – like Facebook, YouTube, and X (formerly Twitter) – from engaging in content-moderation by removing or editing user-generated content....
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