Platforms Have First Amendment Right to Curate Speech
The U.S. Supreme Court affirmed social media platforms' First Amendment right to moderate content. It differentiated laws affecting editorial processes and emphasized platforms' expressive activity in content curation, protecting their editorial choices.
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The U.S. Supreme Court ruled that social media platforms have a First Amendment right to curate third-party speech they present to users. The Court sent back cases involving Florida and Texas laws limiting online speech moderation to lower courts for further review. It clarified that laws not targeting editorial processes, like competition laws, are not subject to the same First Amendment standards. The decision affirmed platforms' rights to moderate content, emphasizing their expressive activity in selecting and organizing content. The ruling highlighted factors protecting content moderation, such as labeling posts and creating distinctive expressive offerings. The Court's decision focused on platforms like Facebook's Newsfeed and YouTube's homepage, leaving uncertainty about other platform functions like messaging. Additionally, the Court recognized the complexity of content moderation processes on social media platforms. It rejected the notion that government intervention to balance speech in the marketplace of ideas justifies limiting speech, emphasizing the importance of protecting private entities' editorial choices.
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2 commentsIdeally, competition law would keep all private entities small enough to never need apply government-like to any of them, but I'd rather have some defense-in-depth and not let the perfect be the enemy of the good.
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