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Christopher Hutton, Technology Reporter


NextImg:Biden administration asks Supreme Court to review Texas and Florida social media laws

The Biden administration asked the Supreme Court on Monday to review two social media laws in Texas and Florida that it argued infringe on free speech.

Solicitor General Elizabeth Prelogar filed an amicus brief on Monday arguing that the Supreme Court should consider the conservative technology group NetChoice's suit against Texas and Florida. The two states, the brief argues, run afoul of the First Amendment with restrictions on how social platforms regulate or moderate content.

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While the laws in Texas and Florida differ in details, they have three things in common, according to the brief. They include "content-moderation provisions restricting platforms' choices about whether and how to present user-generated content to the public, individualized-explanation provisions requiring platforms to explain particular content-moderation decisions to affected users; and general-disclosure provisions requiring platforms to disclose information about their content-moderation practices."

"The Solicitor General's brief underscores that both Texas and Florida's laws are unconstitutional and that the Court should review our cases," said Chris Marchese, NetChoice director of litigation, in a statement. "We urge the Court to strike down Texas and Florida's laws and reaffirm that the Constitution prohibits the government from controlling online speech."

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Gov. Ron DeSantis (R-FL) signed Senate Bill 7072 in May 2021. The bill would allow Florida residents to sue a tech company for up to $250,000 a day for removing a statewide political candidate from its platform for more than two weeks, or notably less for county or local positions.

Gov. Greg Abbott (R-TX) signed House Bill 20 in September 2021, only for the law to be temporarily blocked by the Supreme Court. The law would bar platforms with more than 50 million users from banning content based on user viewpoint.