US Supreme Court ruling on NetChoice cases: What does it mean for Wikipedia?
In July 2024, the US Supreme Court ruled on NetChoice's challenge to Florida and Texas social media laws, sending cases back to lower courts, leaving laws on hold and creating potential legal confusion.
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In 2021, NetChoice, a trade association, sued Florida and Texas over laws restricting social media platforms' content moderation, claiming these laws violated First Amendment rights. The US Supreme Court heard the cases in February 2024 and ruled in July 2024, sending the cases back to lower courts without immediate changes to the law. The Court emphasized the need for lower courts to treat the challenges as "facial" rather than "as-applied," which requires assessing the laws' potential applications broadly. This ruling could complicate future challenges to broadly written laws, as it may be harder to prove their unconstitutionality across various platforms, including volunteer-run projects like Wikipedia. The Court acknowledged that the internet encompasses more than major social media platforms, recognizing the potential impact on diverse websites, including Wikipedia. The ruling did not change the legal status of the Texas and Florida laws, which remain on hold, but it provided some favorable language regarding content moderation that could aid the Wikimedia Foundation in future legal arguments. However, uncertainty remains about how lower courts will implement the Supreme Court's instructions and whether the state laws will eventually take effect. The outcome could lead to legal confusion regarding the application of these laws to various platforms, leaving many websites in a precarious legal position. The Wikimedia Foundation plans to monitor developments closely as the lower courts reassess the cases.
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