Supreme Court to decide the fate of social media content moderation

Justices of the Supreme Court of the United States (SCOTUS) deliberated on the broader pitfalls of regulating content on social media platforms, including Facebook, TikTok and YouTube yesterday, upon hearing the oral arguments in the Florida and Texas cases.

Background
The cases involve the two states’ social media content moderation laws signed in 2021. The measures were introduced by Republican lawmakers, claiming that social media groups have been censoring conservative voices

The cases Moody v. NetChoice and NetChoice v. Paxton will find out whether Big Tech platforms could be legally required to allow users’ speech.

Justices are skeptical
The justices debated whether social media platforms should be treated as publishers with free speech protections or as “common carriers” like telephone companies that are subject to broader regulation.

Justices Samuel Alito and Clarence Thomas leaned towards supporting the laws. Others, including Brett Kavanaugh, seemed more inclined to defend the companies’ actions as private entities.

Some argued that such regulations would spill over to e-commerce platforms like Etsy, forcing them to sell products they don’t like.

Experts opine that upholding Florida and Texas laws will see hate speech flourish on social media platforms.

A ruling on the cases is expected in June.