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In Content Moderation Cases, Supreme Court Says ‘Try Again’ – But Makes It Clear Moderation Deserves First Amendment Protections


Today, the Supreme Court made it pretty clear that websites have First Amendment rights to do content moderation as they see fit, but decided to send the cases challenging laws in Florida and Texas…

Kagan starts off the majority opinion by citing back to the Reno v. ACLU case, which tossed out the Communications Decency Act (but not Section 230) as unconstitutional, and established some basic principles regarding how the First Amendment applies to the internet. But this Court has many times held, in many contexts, that it is no job for government to decide what counts as the right balance of private expression—to “un-bias” what it thinks biased, rather than to leave such judgments to speakers and their audiences. Justice Alito wrote a similar concurrence (which Thomas and Gorsuch sign onto) basically saying “we only agree that the cases should be sent back to the courts below to be evaluated as a facial challenge, and everything else in the majority decision is useless nonsense:

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