


The Supreme Court will hear two cases in its upcoming term on laws in Florida and Texas that bar social media companies from “censoring” users for their beliefs, it announced Friday, as conservatives have railed against social media companies for allegedly showing bias against them while social media giants argue the laws infringe on their First Amendment rights.
The Supreme Court of the United States building on September 28.
The court will take up two cases, Moody v. Netchoice LLC and Netchoice LLC v. Paxton, and consider whether the social media censorship laws’ rules on content moderation—and a requirement that platforms provide individual explanations to users whose content they remove—violate the First Amendment.
Florida’s law fines social media companies up to $250,000 per day if they “willfully deplatform” political candidates by banning them or suspending them for more than two weeks, and also prohibits banning “journalistic enterprises” for its content.
Texas’ law similarly bars social media platforms from censoring users based on their “viewpoints,” and requires companies to disclose how they moderate content, explain to users why their content was removed and establish a complaint process for users to protest either content on the site or content moderation decisions.
Florida’s law has been blocked by lower courts, except for a provision that allows blocked users to access their data for 60 days.
Texas’ law was allowed to take effect by a lower appeals court in September 2022, after the Supreme Court kept a previous court ruling blocking the law in effect while the case moved forward.
The Supreme Court ruled 5-4 in May 2022 to temporarily block the law, with Justices Clarence Thomas, Samuel Alito, Elena Kagan and Neil Gorsuch being in favor of letting the law take effect.
The Supreme Court will hear the social media cases in its upcoming term that begins Monday, though it hasn’t set a date yet for when oral arguments will take place. The court will issue its opinions in the cases at some point before its term ends in June 2024.
This story is breaking and will be updated.