On Friday, The Supreme Court Of The United States (SCOTUS) agreed to resolve whether regulatory laws created in the State of Texas and Florida are in violation of the constitution. The laws, passed in 2021, were enacted by Republican-dominated legislatures in response to censorship concerns over social media platforms.
The Texas and Florida legislature passed the laws at the centre of disputes after several major social media platforms banned former US President Donald Trump in 2021. The Texas law, H.B. 20, was designed to prevent social media platforms from blocking users with over 50 million active users by removing or “demonetizing” content due to the user’s views. Similarly, the Florida law, S.B. 7072 or the Stop Social Media Censorship Act, prevents social media companies from banning political candidates or “journalistic enterprises.” Fundamentally, both laws seek to suppress supposedly liberal-leaning social media companies such as Facebook and X (formerly known as Twitter) and limit their content moderation decisions.
On Friday, the Scotus agreed to review the GOP-led laws after NetChoice, a trade group representing Big Tech, sued to block the laws, citing First Amendment concerns. The First amendment of the US Constitution prevents Congress from enacting laws “abridging the freedom of speech, or of the press.” According to arstechnica, NetChoice has argued that instead of restricting censorship, Florida and Texas legislature have passed “unconstitutional laws empowering the government to choose what speech appears online."
According to NBC News, the laws, backed by Republicans, are paramount to fighting back the alleged aversion to conservative speech by liberal-leaning tech companies and providing users equal access. Conversely, the tech companies contend their case through the vices of free speech to retain the ability to make editorial decisions.
Both laws have come under scrutiny since their enactment. In September 2022, the U.S. Court Of Appeals for the 5th Circuit ruled for Texas and upheld the law which prompted tech companies to appeal to the Supreme Court, whereas Florida requested it to weigh in after the U.S Court of Appeals for the 11th Circuit blocked the state from enforcing most of the law. In August, the Biden administration urged the Supreme Court to review the case in a brief filed by U.S. Solicitor general Elizabeth Prelogar citing that the restrictive laws violate the First Amendment.
The Supreme Court is set to rule on this matter with an outcome likely next year, NBC News projected
Comentários