Supreme Court Orders New Look At Social Media Laws in Texas and Florida

The Supreme Court on Monday ordered lower courts to take another look at a pair of laws from Florida and Texas that imposed restrictions on how social media companies can moderate the content posted to their platforms. From a report: Justice Elena Kagan delivered the court's opinion, which tossed out lower court rulings and sent the two cases back for additional proceedings. The court said neither lower court conducted the proper analysis of the First Amendment challenges to the laws regulating major social media platforms.

'[T]he question in such a case is whether a law's unconstitutional applications are substantial compared to its constitutional ones. To make that judgment, a court must determine a law's full set of applications, evaluate which are constitutional and which are not, and compare the one to the other,' Kagan wrote. 'Neither court performed that necessary inquiry.'

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