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Why Uber and Etsy came up so much in the Supreme Court’s social media arguments
The justices may not give either side everything it wants.
Florida’s rule directs platforms to moderate content in a consistent manner, while Texas’ prohibits discrimination on the basis of “viewpoint.” NetChoice, an industry group that counts Meta, Google, and TikTok among its members, promptly challenged the laws for violating the First Amendment. While the facial challenges gave NetChoice the chance to preclude similar laws from popping up around the country, it seemed to be a hang-up for some justices, who saw possibly legitimate applications or worried about creating an industry that could not be touched by regulation. Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, noted in an emailed statement that the justices did not spend much time discussing these transparency requirements.
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