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The Morning After: Supreme Court rejects rulings on social media moderation


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The Texas law, passed in 2021, allows users to sue large social media companies over alleged “censorship” of their political views. Justice Elena Kagan said that lower court rulings in both cases “concentrated” on the issue of “whether a state law can regulate the content-moderation practices used in Facebook’s News Feed (or near equivalents).” However, she writes, “they did not address the full range of activities the laws cover, and measure the constitutional against the unconstitutional applications.” It seems the lower courts need to do their homework. YouTube says several factors will determine whether it considers a removal, including whether the content is altered or synthetic (and whether it’s disclosed as such), easily identifiable as the person in question or realistic.

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